Navarro vs Ermita

G.R. No. 180050

February 2010;
May 2010;
April 2011
FACTS
Republic Act No. 9355 created a province of Dinagat Islands, formerly part of Surigao
Del Norte.
Navarro et al. filed a petition seeking to declare RA 9355 as unconstitutional on the
ground (1) that it would substantially deprive the mother province, Surigao del Norte, of
territory, IRAs, and resources, and (2) that its land area and population fell below the
requirements provided in the LGC.
Dinagat Islands have a certified income of P82, 696, 433.25. The issue lies with its
territory and population.
It has a total land area of only 802.12 sqkm which falls short of the statutory requirement.
As for its population, based on the official 2000 Census of the NSO, Dinagat Island only
has 106, 951 inhabitants (Mainland had 281,111 inhabitants; Surigao City 118, 534;
Siargao and Bucas Grande 93, 354)
In July 2003, the Provincial Government of SDN conducted a special census in Dinagat
Island, with the assistance of NSO District Census Coordinator to determine the actual
population in support of the house bill creating the province of Dinagat. The census
yielded a population count of 371,576 inhabitants. The NSO however, did not certify the
special census.
On August 2006 the Senate and the House of Representatives respectively passed the bill
creating the Province of Dinagat Islands. It was enacted into law as RA 9355 by Pres.
GMA.
December 2006: A plebiscite was held in the province of SDN to determine whether the
LGUs affected approved of the creation of Dinagat province. The result yielded 69,943
affirmative votes and 63,502 negative votes.
New officials were appointed and some were later on elected during the May 2007
elections.
February 2010 Decision
ISSUE
W/N the creation of the province of Dinagat Islands is constitutional? NO.
RATIO
Pursuant to the Constitution, the LGC of 1991 prescribed the criteria for the creation of a
province. Under Sec. 461 of LGC a province may be created if it has an average annual income
of P20M as certified by the Dept. of Finance, AND either of the following requisites: a) a
population of not less than 250,000 inhabitants as certified by NSO OR (b) a contiguous territory
of at least 2,000 sqkm as certified by the Lands Management Bureau. The territory need not be

contiguous if it comprises two or more islands or is separated by a chartered city not contributing
to the income of the province.
As to the territory: The use of the word territory in this particular provision of the LGC clearly
reflects that it has reference only to the mass land of area and excludes the waters over which the
political unit exercises control. Contiguous as an adjective is only used when it describes
physical contact, or touching or sides of two solid masses of matter. (Tan v. Comelec) Under Sec.
461 therefore, what need not be contiguous is the physical mass of land area.
However, the IRR of the LGC went beyond the criteria prescribed by LGC when it added the
portion the land area requirement shall not apply where the proposed province is composed of
more than 1 islands. NOWHERE in the LGC is the said exception stated or implied. The only
instance when the territorial or land area requirement need not be complied with when there is
already compliance with the population requirement. Hence, Sec. 2 Art 9 of IRR containing said
exception is null and void.
As to the population: Although the 2003 special census yielded a population count of 371,000
this result was not certified by the NSO as required by the LGC. Based on the official 2000
Census of Population conducted by the NSO, the population of Dinagat as of May 2000 was only
106, 951. The lack of certification by NSO was not cured by the fact that the District Coordinator
of NSO was present during the deliberations of the house bill and did not object to the result of
the special census because it was agreed by the participants that the result was not certified by
the NSO which is the requirement under the LGC.
Moreover, the respondents failed to prove that with the population count if 371,000, the
population of the original unit (mother Province of SDN) would not be reduced to less than the
minimum requirement prescribed by the law at the time of the creation of the new province.
May 2010 Decision
ISSUE
W/N the creation of the province of Dinagat Islands is constitutional? NO.
RATIO
The requirement of a contiguous territory and the requirement of a land area of at least 2,000
square kilometers are distinct and separate requirements for land.
A sufficient land area in the creation of a province is at least 2,000 square kilometres. Thus, Sec.
461, providing the requisites for the creation of a province, specifically states the requirement of
"a contiguous territory of at least two thousand (2,000) square kilometers."
The exemption in Sec. 461, par. (b) pertains only to the requirement of territorial contiguity. It
clearly states that the requirement of territorial contiguity may be dispensed with in the case of a
province comprising two or more islands, or is separated by a chartered city or cities which do
not contribute to the income of the province.
Nowhere in par. (b) is it expressly stated or may it be implied that when a province is composed
of two or more islands, or when the territory of a province is separated by a chartered city or
cities, such province need not comply with the land area requirement of at least 2,000 square
kilometers or the requirement in paragraph (a) (i) of Sec.461 of the LGC.
Where the law is free from ambiguity, the court may not introduce exceptions or conditions
where none is provided from considerations of convenience, public welfare, or for any laudable

purpose. Where the law speaks in clear and categorical language, there is no room for
interpretation, but only for application.
April 2011 Decision
ISSUE
W/N the creation of the province of Dinagat Islands is constitutional? YES.
RATIO
The land area requirement should be read together with territorial contiguity. Under the LGC, the
land area exemption is only applicable to municipalities and cities only as provided in the second
sentences of Sections 442(b) and 450(b). No similar provision appears for the creation of
provinces. The Court held that the exemption should likewise apply to provinces. The genuine
legislative policy decision expressed in Sections 442 and 450 was inadvertently omitted in the
land area requirement provided for provinces in Section 461.
Section 9(2), LGC IRR (see third bullet of the Facts) was intended to correct the inadvertence of
Congress and to reflect the true legislative intent. It should be deemed incorporated in the LGC.
Consistent with the general policy to provide LGUs local autonomy, contiguity and minimum
land area requirements for LGUs should be liberally construed in order to achieve desired
results. An absurdity will result wherein component cities and/or municipalities consisting of
islands are exempt from the land area requirement but the province which includes those cities
and municipalities is subject to the strict land area requirement.
The Court said that a strict construction of the land area requirement provision for provinces
violates the equal protection clause as it defeats the policy of local autonomy and
decentralization.
The enactment of RA 9355 validated the exemption extended to provinces under art. 9(2) of the
LGC IRR. That the law was favorably voted upon in both houses of Congress show the
legislative intent to incorporate into the LGC the land area requirement exemption for the
creation of provinces.
DINAGAT was ready and capable of becoming a province because of its average annual income
of about 82.7 million, as certified by the Bureau of Local Government Finance, is above the
minimum requirement for the creation of provinces. The delivery of basic services to its
constituents has been proven possible and sustainable.
Among the three central policy considerations in the creation of LGUs, economic viability is the
primordial criterion the creation of LGUs. The other considerations, land area and population,
are merely functions of the viability of the area. A high income level would be a trigger point for
economic development, and population will increase due to immigration.