TAN vs. COMELEC G.R. No.

73155 July 11, 1986

TAN vs. COMELEC
G.R. No. 73155 July 11, 1986
Governing law: Art XI Sec. 3 of Constitution in relation to Sec. 197 of Local Government Code
Facts:
This case was prompted by the enactment of Batas Pambansa Blg. 885, An Act Creating a
New Province in the Island of Negros to be known as the Province of Negros del Norte,
effective Dec. 3, 1985. (Cities of Silay, Cadiz and San Carlos and the municipalities of
Calatrava, Taboso, Escalante, Sagay, Manapla, Victorias, E.R. Magalona, and Salvador
Benedicto proposed to belong to the new province).
Pursuant to and in implementation of this law, the COMELEC scheduled a plebiscite for
January 3, 1986. Petitioners opposed, filing a case for Prohibition and contending that the
B.P. 885 is unconstitutional and not in complete accord with the Local Government Code
because:
The voters of the parent province of Negros Occidental, other than those living within the
territory of the new province of Negros del Norte, were not included in the plebiscite.
The area which would comprise the new province of Negros del Norte would only be about
2,856.56 sq. km., which is lesser than the minimum area prescribed by the governing
statute, Sec. 197 of LGC.
Issue:
WON the plebiscite was legal and complied with the constitutional requisites of the
Consititution, which states that Sec. 3. No province, city, municipality or barrio may be
created, divided, merged, abolished, or its boundary substantially altered except in
accordance with the criteria established in the Local Government Code, and subject to the
approval by a majority of the votes in a plebiscite in the unit or units affected? NO.
Held:
Whenever a province is created, divided or merged and there is substantial alteration of the
boundaries, the approval of a majority of votes in the plebiscite in the unit or units
affected must first be obtained. The creation of the proposed new province of Negros del
Norte will necessarily result in the division and alteration of the existing boundaries of
Negros Occidental (parent province).
Plain and simple logic will demonstrate that two political units would be affected. The first
would be the parent province of Negros Occidental because its boundaries would be
substantially altered. The other affected entity would be composed of those in the area
subtracted from the mother province to constitute the proposed province of Negros del
Norte.
Paredes vs. Executive (G.R. No. 55628) should not be taken as a doctrinal or compelling
precedent. Rather, the dissenting view of Justice Abad Santos is applicable, to wit:
when the Constitution speaks of the unit or units affected it means all of the people of
the municipality if the municipality is to be divided such as in the case at bar or of the
people of two or more municipalities if there be a merger.
The remaining portion of the parent province is as much an area affected. The substantial
alteration of the boundaries of the parent province, not to mention the adverse economic
effects it might suffer, eloquently argue the points raised by the petitioners.
SC pronounced that the plebscite has no legal effect for being a patent nullity.
TAN VS COMELEC [142 SCRA 727]
A plebiscite for creating a new province should include the participation of the residents of
the mother province in order to conform to the constitutional requirement. XXXXXX BP 885,
creating the Province of Negros del Norte, is declared unconstitutional because it excluded
the voters of the mother province from participating in the plebiscite (and it did not comply
with the area of criterion prescribed in the LGC). XXXX Where the law authorizing the holding
of a plebiscite is unconstitutional, the Court cannot authorize the holding of a new one. XXXX
The fact that the plebiscite which the petition sought to stop had already been held and
officials of the new province appointed does not make the petition moot and academic, as
the petition raises an issue of constitutional dimension.