Navarro-v.-Ermita-G.R.-No.-180050.docx - Navarro v Ermita G.R No 180050(resolution on the MR per J Nachura reversing the decision promulgated on per J

Navarro-v.-Ermita-G.R.-No.-180050.docx - Navarro v Ermita...

This preview shows page 1 - 3 out of 5 pages.

Navarro v. Ermita, G.R. No. 180050, April 12, 2011 (resolution on the MR, per J. Nachura, reversing the decision promulgated on February 10, 2010, per J. Peralta)On October 2, 2006, the President of the Republic approved into law Republic Act (R.A.) No. 9355 (An Act Creating the Province of Dinagat Islands) On October 2, 2006, the President of the Republic approved into law Republic Act (R.A.) No. 9355 (An Act Creating the Province of Dinagat Islands). 2 On December 3, 2006, the Commission on Elections (COMELEC) conducted the mandatory plebiscite for the ratification of the creation of the province under the Local Government Code (LGC). 3 The plebiscite yielded 69,943 affirmative votes and 63,502 negative votes. 4 With the approval of the people from both the mother province of Surigao del On December 3, 2006, the Commission on Elections (COMELEC) conducted the mandatory plebiscite for the ratification of the creation of the province under the Local Government Code (LGC) The plebiscite yielded 69,943 affirmative votes and 63,502 negative votes. 4 With the approval of the people from both the mother province of Surigao del Undaunted, petitioners, as taxpayers and residents of the Province of Surigao del Norte, filed another petition for certiorari 8 seeking to nullify R.A. No. 9355 for being unconstitutional. They alleged that the creation of Dinagat as a new province, if uncorrected, would perpetuate an illegal act of Congress, and would unjustly deprive the people of Surigao del Norte of a large chunk of the provincial territory, Internal Revenue Allocation (IRA), and rich resources from the area. They pointed out that when the law was passed, Dinagat had a land area of 802.12 square kilometers only and a population of only 106,951, failing to comply with Section 10, Article X of the Constitution and of Section 461 of the LGC, on both counts, viz. Constitution, Article X – Local Government Section 10. No province, city, municipality, or barangay 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 cast in a plebiscite in the political units directly affected. LGC, Title IV, Chapter I Section 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 ( 20,000,000.00) based on 1991 constant prices and either of the following requisites: (i) a continuous territory of at least two thousand (2,000) square kilometers ,( 802.12 square kilometers.) as certified by the Lands Management Bureau; or the province, which is composed of more than one island, is exempted from theland area requirementbased on the provision in the Rules and Regulations Implementing the Local Government Code of 1991 (IRR), specifically paragraph 2 of Article 9which states that [t]he land area requirement shall not apply where the proposed province is composed of one (1) or more
Image of page 1

Subscribe to view the full document.

islands.The certificate of compliance issued by the LandsManagement Bureau was also based on the exemption under paragraph 2, Article 9 of the IRR.
Image of page 2
Image of page 3
  • Fall '17
  • John Doe

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes