In a ruling with implications for local governance and electoral representation, the Supreme Court affirmed the Commission on Elections’ (COMELEC) authority to implement resolutions increasing the number of Sangguniang Panlalawigan (SP) seats based on a province’s reclassification. The Court upheld the COMELEC’s decision to proclaim additional SP members for Agusan del Norte, solidifying the principle that provinces must comply with resolutions aimed at aligning representation with their economic status and population. This decision ensures that the will of the electorate is honored, and that local legislative bodies are appropriately sized to address the needs of their constituents.

From Eight to Ten: How Agusan del Norte’s Upgrade Triggered a Battle Over SP Seats

The crux of this case, The Province of Agusan del Norte v. The Commission on Elections, revolves around the province’s challenge to COMELEC Resolution No. 04-0856. This resolution directed the proclamation of the 8th and 9th placed winning Sangguniang Panlalawigan (SP) candidates for the Second District of Agusan del Norte during the May 2004 elections. The province argued that the proclamation was illegal because only seven SP slots were initially allocated in the official ballots, and only seven winners were originally proclaimed by the Provincial Board of Canvassers (PBOC).

The increase in SP seats stemmed from Agusan del Norte’s reclassification from a third to a second-class province. Following this upgrade, the COMELEC issued Resolution No. 6662, allocating two additional SP seats for the Second District. While the Sangguniang Panlalawigan (SP) of Agusan del Norte initially concurred with the COMELEC resolution, the COMELEC later issued Resolution No. 04-0291, deferring the implementation of Resolution No. 6662. The COMELEC based the deferment on the premise that the province had failed to formally petition for the additional SP seats as required under the Local Government Code.

After the May 2004 elections, the COMELEC revisited its decision and issued Resolution No. 04-0856, directing the proclamation of the 8th and 9th placed candidates. This decision prompted the Province of Agusan del Norte to file a petition for certiorari, asserting that the COMELEC had gravely abused its discretion. The Supreme Court, however, sided with the COMELEC, dismissing the province’s petition and upholding the proclamation of the additional SP members. The Court anchored its decision on the provisions of Republic Act No. 8553, which amends the Local Government Code and governs the allocation of SP seats.

The Court cited Sections 1 and 2 of R.A. No. 8553, which state that first and second-class provinces shall have ten regular SP members. They further clarified that, upon the petition of the provincial board, the election for any additional regular member to the SP shall be held not earlier than six months after the May 11, 1998, national and local elections. In this context, the Supreme Court emphasized the COMELEC’s broad constitutional mandate to enforce and administer all laws and regulations pertaining to elections.

SECTION 1. Section 41(b) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows:

(b) The regular members of the [SP], sangguniang panlungsod, and sangguniang bayan shall be elected by district as follows:

First and second-class provinces shall have ten (10) regular members; xxx; Provided: That in provinces having more than five (5) legislative districts, each district shall have two (2) [SP] members, without prejudice to the provisions of Section 2 of Republic Act No. 6637. xxx. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the [SP] concerned. The presidents of the liga ng mga Barangay and the pederasyon ng mga sangguniang kabataan elected by their respective chapters, as provided in this Code, shall serve as ex officio members of the [SP], sangguniang panlungsod, and sangguniang bayan.

SEC. 2. Upon the petition of the provincial board, the election for any additional regular member to the [SP] as provided for under this Act, shall be held not earlier than six (6) months after the May 11, 1998 national and local elections.

Building on this principle, the Court affirmed the COMELEC’s discretion in revisiting its initial deferment of Resolution No. 6662. While acknowledging that the COMELEC should have ideally excluded Agusan del Norte from the deferment advice after the province had expressed its intention to comply, the Court recognized the practical constraints faced by the COMELEC in making swift decisions during electoral processes. It should be noted that while COMELEC issued Res. No. 04-0291 postponing the effectivity of Res. No. 6662, COMELEC Resolution No. 04-0291, as the Solicitor General stated, was given on the erroneous grounds that the provinces specified had not yet submitted petitions with the COMELEC for the implementation of Res. No. 6662.

The Court also upheld the COMELEC’s authority to constitute a new PBOC for Agusan del Norte, emphasizing its power of supervision and control over boards of election inspectors and canvassers. This includes the authority to relieve any member for cause or to appoint a substitute, ensuring the integrity and efficiency of the electoral process. It may do so when, in its performance, its actions are not impeccable.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC acted with grave abuse of discretion in ordering the proclamation of the 8th and 9th placed winning SP candidates for the Second District of Agusan del Norte.
Why did Agusan del Norte challenge the COMELEC’s decision?	The province argued that only seven SP slots were initially allocated in the official ballots and that only seven winners were originally proclaimed by the PBOC.
What prompted the increase in SP seats for Agusan del Norte?	The increase stemmed from Agusan del Norte’s reclassification from a third to a second-class province, triggering the application of laws governing SP seat allocation based on province classification.
What is the legal basis for allocating SP seats?	The allocation is governed by Republic Act No. 8553, which amends the Local Government Code and provides that first and second-class provinces shall have ten regular SP members.
What was the effect of COMELEC Resolution No. 6662?	COMELEC Resolution No. 6662 allocated two additional SP seats for the Second District of Agusan del Norte, reflecting the province’s upgraded economic status.
Why did the COMELEC initially defer the implementation of Resolution No. 6662?	The COMELEC initially deferred implementation based on the erroneous assumption that the province had not yet formally petitioned for the additional SP seats.
What power does the COMELEC have over provincial boards of canvassers?	The COMELEC has broad power of supervision and control over the boards, including the authority to relieve members for cause and appoint substitutes.
What was the final outcome of the case?	The Supreme Court dismissed the petition filed by the Province of Agusan del Norte, affirming the COMELEC’s decision and upholding the proclamation of the additional SP members.

The Supreme Court’s decision in this case underscores the importance of upholding the COMELEC’s authority to implement electoral laws and regulations, ensuring that local governance structures reflect the changing realities of provinces. By affirming the proclamation of additional SP members, the Court has reinforced the principle of adequate representation and has honored the will of the electorate.

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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: THE PROVINCE OF AGUSAN DEL NORTE VS. COMELEC, G.R. NO. 165080, April 24, 2007