Tag: Gerrymandering

Upholding Local Government Code: Creation of Province Based on Land Area and Population Requirements

In a landmark decision, the Supreme Court of the Philippines struck down Republic Act No. 9355, which created the Province of Dinagat Islands, for failing to meet the land area or population requirements stipulated in the Local Government Code. The Court emphasized that the Constitution mandates strict adherence to the criteria established in the Code for the creation of local government units. This ruling reinforces the importance of complying with statutory requirements to ensure the validity and constitutionality of creating new provinces, cities, municipalities, or barangays.

Dinagat Islands: Can an Island Province Sidestep Land Area Requirements?

The case of Navarro v. Ermita arose from a challenge to the constitutionality of Republic Act (R.A.) No. 9355, which created the Province of Dinagat Islands. Petitioners, taxpayers and residents of Surigao del Norte, argued that the new province did not meet the requisites for creation under Section 461 of the Local Government Code of 1991 (LGC). The legal battle centered on whether Dinagat Islands, primarily composed of several islands, could be exempted from the land area requirement typically imposed on the creation of a new province.

Section 461 of the Local Government Code outlines the requisites for the creation of a province. It specifies that a province may be created if it possesses an average annual income of at least P20 million, as certified by the Department of Finance, and either a contiguous territory of at least 2,000 square kilometers, as certified by the Lands Management Bureau, or a population of not less than 250,000 inhabitants, as certified by the National Statistics Office (NSO). Significantly, the Code also states that the territory need not be contiguous if it comprises two or more islands or is separated by a chartered city or cities which do not contribute to the income of the province.

SEC. 461. Requisites for Creation. — (a) A province may be created if it has an average annual income, as certified by the Department of Finance, of not less than Twenty million pesos (P20,000,000.00) based on 1991 constant prices and either of the following requisites:

(i) a contiguous territory of at least two thousand (2,000) square kilometers, as certified by the Lands Management Bureau; or

(ii) a population of not less than two hundred fifty thousand (250,000) inhabitants as certified by the National Statistics Office:

Provided, That, the creation thereof shall not reduce the land area, population, and income of the original unit or units at the time of said creation to less than the minimum requirements prescribed herein.

(b) The territory need not be contiguous if it comprises two (2) or more islands or is separated by a chartered city or cities which do not contribute to the income of the province.

Dinagat Islands, as a proposed province, had a land area of only 802.12 square kilometers, well below the 2,000 square kilometer threshold. Furthermore, based on the 2000 Census, the population was only 106,951, far short of the 250,000 inhabitants required. While the province claimed an average annual income exceeding the P20 million requirement, the crucial question was whether the island nature of the territory could exempt it from the land area requirement altogether.

The respondents relied on paragraph 2 of Article 9 of the Rules and Regulations Implementing the Local Government Code of 1991, which stated that “[t]he land area requirement shall not apply where the proposed province is composed of one (1) or more islands.” The Supreme Court, however, invalidated this provision, holding that it contradicted the express provisions of the Local Government Code. The Court emphasized that implementing rules cannot expand or modify the law they are intended to implement.

The Supreme Court, in its analysis, referenced the case of Tan v. Commission on Elections (COMELEC), where it was clarified that the term “territory” refers to the land mass and excludes the waters over which the political unit exercises control. The Court stated that the use of the word territory in the specific provision of the Local Government Code, particularly in the sentence stating that the “territory need not be contiguous if it comprises two or more islands,” clearly indicates that territory as used therein only refers to the mass of land area and excludes the waters over which the political unit exercises control.

The use of the word territory in this particular provision of the Local Government Code and in the very last sentence thereof, clearly, reflects that territory as therein used, has reference only to the mass of land area and excludes the waters over which the political unit exercises control.

The Court emphasized that if the legislators had intended that the term “territory” embrace not only land area but also territorial waters, there would have been no need to use the word contiguous. This is because contiguous, when employed as an adjective, is only used when it describes physical contact, or a touching of sides of two solid masses of matter. Therefore, the Court concluded that the word territory in the first paragraph of Section 197, which is the counterpart provision in the former Local Government Code, is meant to be synonymous with “land area” only.

The Court found that R.A. No. 9355 failed to comply with either the territorial or the population requirement. While the law stated that the Province of Dinagat Islands contained an approximate land area of 802.12 square kilometers, this fell far short of the 2,000 square kilometer requirement. Moreover, based on the 2000 Census, the population was only 106,951. The Court also noted that a special census conducted by the Provincial Government of Surigao del Norte, which yielded a population count of 371,000, was not certified by the NSO as required by the Local Government Code.

The Supreme Court also addressed the argument that the lack of certification by the NSO was cured by the presence of NSO officials during the deliberations on the house bill creating the Province of Dinagat Islands. The Court rejected this contention, stating that the NSO representative, Statistician II Ma. Solita C. Vergara, stated that based on their computation, the population requirement of 250,000 inhabitants would be attained by the Province of Dinagat Islands by the year 2065. This computation was based on the growth rate of the population, excluding migration.

Finally, the petitioners alleged that R.A. No. 9355 was ratified by a doubtful mandate in a plebiscite held on December 2, 2005, where the “yes” votes were 69,9343, while the “no” votes were 63,502. They contended that the 100% turnout of voters in the precincts of San Jose, Basilisa, Dinagat, Cagdianao and Libjo was contrary to human experience, and that the results were statistically improbable. The Court stated that allegations of fraud and irregularities in the conduct of a plebiscite are factual in nature, and cannot be the subject of a special civil action for certiorari under Rule 65 of the Rules of Court, which is a remedy designed only for the correction of errors of jurisdiction, including grave abuse of discretion amounting to lack or excess of jurisdiction.

In conclusion, the Supreme Court declared R.A. No. 9355 unconstitutional for its failure to comply with the criteria for the creation of a province prescribed in Sec. 461 of the Local Government Code. The proclamation of the Province of Dinagat Islands and the election of the officials thereof were declared null and void.

FAQs

What was the key issue in this case?	The key issue was whether the creation of the Province of Dinagat Islands complied with the requirements of the Local Government Code, specifically regarding land area and population.
What did the Local Government Code require for the creation of a province?	The Local Government Code requires a certain income level and either a minimum land area or a minimum population, as certified by the relevant government agencies.
Why did the Supreme Court declare R.A. No. 9355 unconstitutional?	The Court declared R.A. No. 9355 unconstitutional because Dinagat Islands failed to meet either the minimum land area or the minimum population requirement prescribed by the Local Government Code.
Did the island nature of Dinagat Islands provide an exemption from the land area requirement?	The Court ruled that the island nature of Dinagat Islands did not provide an exemption from the land area requirement. The implementing rules stating otherwise were declared null and void.
*What is the significance of the Tan v. COMELEC* case in this ruling?**	The Tan v. COMELEC case clarified that the term “territory” in the context of creating local government units refers to land area and excludes territorial waters.
What happens to the officials elected in Dinagat Islands after this ruling?	The election of officials in the Province of Dinagat Islands was declared null and void, effectively removing them from their positions.
What was the effect on the municipalities that comprised Dinagat Islands?	The municipalities that comprised the Province of Dinagat Islands reverted to their former status before the enactment of R.A. No. 9355.
What is gerrymandering and was it an issue in this case?	Gerrymandering is the practice of drawing electoral district boundaries to favor a particular political party or candidate. The Court found the claim of gerrymandering to be unsubstantiated.
What are implementing rules and regulations (IRR)?	Implementing Rules and Regulations (IRR) are guidelines issued by government agencies to provide the details necessary to carry out the provisions of a law. They cannot go beyond the scope of the law itself.

This Supreme Court decision underscores the importance of strict compliance with the requirements of the Local Government Code in the creation of local government units. It serves as a reminder that any deviation from these requirements, even if seemingly minor, can render the creation of a province or other local government unit unconstitutional. This ruling has significant implications for future attempts to create new provinces and other local government units in the Philippines.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

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: Navarro v. Ermita, G.R. No. 180050, February 10, 2010

February 10, 2010

Legislative District Creation: Population Thresholds and the Limits of Projections

The Supreme Court declared Republic Act No. 9591 unconstitutional, preventing the creation of a separate legislative district for the city of Malolos, Bulacan. The Court held that the city failed to meet the constitutionally mandated minimum population of 250,000. This decision underscores the importance of adhering to strict constitutional requirements when establishing legislative districts, ensuring equitable representation based on verified population data rather than speculative projections.

Malolos’s Congressional Aspirations: When a City’s Growth Forecast Falls Short

At the heart of this case is Republic Act No. 9591 (RA 9591), legislation aimed at carving out a separate legislative district for the city of Malolos, Bulacan. Petitioners Victorino B. Aldaba, Carlo Jolette S. Fajardo, Julio G. Morada, and Minerva Aldaba Morada challenged the law’s constitutionality, arguing it violated Section 5(3), Article VI of the 1987 Constitution, which mandates a minimum population of 250,000 for a city to merit its own legislative district. The controversy centered on whether Malolos met this population threshold, particularly since proponents relied on projected, rather than actual, population figures.

The petitioners argued that the population requirement was not met, while the Office of the Solicitor General (OSG), representing the Commission on Elections (COMELEC), contended that Congress’s reliance on projected population figures was a matter of legislative discretion and therefore non-justiciable. The pivotal piece of evidence was a certification from a Regional Director of the National Statistics Office (NSO), projecting Malolos’s population to reach 254,030 by 2010. This projection became the crux of the legal battle, with the Supreme Court scrutinizing its validity and the authority of the NSO official to issue such a certification.

The Supreme Court sided with the petitioners, emphasizing that the Constitution explicitly requires “a population of at least two hundred fifty thousand” for a city to have its own legislative district. The court found that the projected population of Malolos did not meet this requirement in time for the 2010 elections. A key point of contention was the legal effect of the Certification issued by the Regional Director of the NSO, which the Court deemed invalid due to several reasons.

The Court highlighted that certifications on demographic projections can only be issued if such projections are declared official by the National Statistics Coordination Board (NSCB). Moreover, such certifications can only be issued by the NSO Administrator or a designated certifying officer. This requirement is outlined in Section 6 of Executive Order No. 135, issued by President Fidel V. Ramos, which provides clear guidelines on the issuance of certifications of population sizes. According to the Court, the Regional Director’s certification failed to meet these requirements, rendering it without legal effect.

SECTION 6. Guidelines on the Issuance of Certification of Population sizes Pursuant to Section 7, 386, 442, 450, 452, and 461 of the New Local Government Code.

(a) The National Statistics Office shall issue certification on data that it has collected and processed as well as on statistics that it has estimated.

(b) For census years, certification on population size will be based on actual population census counts; while for the intercensal years, the certification will be made on the basis of a set of demographic projections or estimates declared official by the National Statistical Coordination Board (NSCB).

The Supreme Court also scrutinized the methodology used to project Malolos’s population. Based on the growth rate of 3.78% between 1995 and 2000, the Court calculated that the population of Malolos would only reach approximately 241,550 by 2010, falling short of the 250,000 threshold. Even using the 2007 Census data, the projected population for 2010 was still below the required minimum. This discrepancy further undermined the credibility of the NSO Regional Director’s certification.

Moreover, the Court emphasized the importance of timing, citing Section 3 of the Ordinance appended to the 1987 Constitution: “Any province that may be created, or any city whose population may hereafter increase to more than two hundred fifty thousand shall be entitled in the immediately following election to at least one Member.” The Court interpreted this to mean that a city must actually attain the 250,000 population mark, and only in the subsequent election can it be entitled to a legislative district. Since Malolos did not meet the population requirement before the 2010 elections, the creation of a separate legislative district was deemed unconstitutional.

The Court also addressed the OSG’s argument that Congress’s choice of means to comply with the population requirement was non-justiciable. The Supreme Court firmly asserted its power to review actions of other branches of government for grave abuse of discretion, stating that compliance with constitutional standards is a matter of judicial review. This checking function is crucial to ensure that all branches of government adhere to the Constitution.

Dissenting Opinion	Majority Opinion
Argued that Congress has discretion to rely on NSO projections and the court should not interfere absent grave abuse of discretion.	Stressed the importance of adhering to constitutional population requirements and proper certification procedures for demographic projections.
Claimed Executive Order 135 does not apply because the case involves legislative district establishment, not LGU creation/conversion.	Maintained that any population projection must be based on credible and official sources, as outlined in EO 135.
Asserted the NSO Regional Director’s certification was based on official data.	Found the certification lacked legal effect due to non-compliance with Executive Order 135 and inconsistencies in the calculation of population projections.

In a dissenting opinion, Justice Abad argued that the Court should be reluctant to second-guess Congress’s judgment and that the use of projected population figures was not explicitly prohibited by the Constitution. He also contended that Executive Order No. 135 did not apply to the creation of legislative districts and that the NSO Regional Director’s certification was based on official data. Justice Abad emphasized that the certification issued by the NSO Region III Director, whose office has jurisdiction over Malolos City, partakes of official information based on official data.

This case highlights the delicate balance between legislative authority and constitutional constraints. While Congress has broad powers to create legislative districts, it must adhere to the specific requirements outlined in the Constitution. The Supreme Court’s decision serves as a reminder that population thresholds are not mere formalities but essential safeguards to ensure fair and equitable representation. By invalidating RA 9591, the Court reinforced the principle that compliance with constitutional mandates is paramount, even when pursuing legitimate legislative goals.

FAQs

What was the key issue in this case?	The key issue was whether Republic Act No. 9591, creating a separate legislative district for Malolos City, was constitutional given that the city’s population was below the 250,000 threshold required by the Constitution. The Court examined whether projected population figures could be used to satisfy this requirement.
What population is required for a city to have its own legislative district?	The 1987 Constitution mandates that a city must have a population of at least 250,000 to be entitled to its own legislative district. This requirement is outlined in Section 5(3), Article VI of the Constitution.
Why did the Supreme Court declare RA 9591 unconstitutional?	The Supreme Court declared RA 9591 unconstitutional because Malolos City did not meet the minimum population requirement of 250,000. The Court ruled that the projected population figures relied upon were not valid or credible under the existing legal framework.
What is the significance of Executive Order No. 135 in this case?	Executive Order No. 135 outlines the guidelines for issuing certifications of population sizes. The Supreme Court cited this EO to demonstrate that the NSO Regional Director’s certification lacked legal effect because it did not comply with the requirements for official demographic projections.
Can projected population figures be used to justify the creation of a legislative district?	While population projections can be considered, the Supreme Court emphasized that these projections must be based on official data and comply with established guidelines, such as those outlined in Executive Order No. 135. In this case, the Court found the projections to be unreliable.
What role does the National Statistics Coordination Board (NSCB) play in population projections?	The NSCB is responsible for declaring demographic projections official. According to Executive Order No. 135, certifications based on demographic projections can only be issued if the projections have been declared official by the NSCB.
What did the dissenting Justice argue in this case?	The dissenting Justice argued that Congress has the discretion to rely on NSO projections and that the Court should not interfere unless there is a grave abuse of discretion. He also claimed that Executive Order No. 135 did not apply to the creation of legislative districts.
What is the key takeaway from this Supreme Court decision?	The key takeaway is that the creation of legislative districts must strictly adhere to constitutional requirements, including population thresholds. Population projections must be based on credible data and comply with established guidelines to ensure fair and equitable representation.

The Supreme Court’s decision in this case reinforces the importance of adhering to constitutional mandates when creating legislative districts. The ruling underscores the need for reliable population data and proper certification procedures to ensure fair and equitable representation. This case sets a precedent for future legislative apportionment, emphasizing the judiciary’s role in safeguarding constitutional principles.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

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: VICTORINO B. ALDABA VS. COMMISSION ON ELECTIONS, G.R No. 188078, January 25, 2010

January 25, 2010