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    Padilla vs. Comelec

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    Mich Angeles
    - The document discusses a case regarding a plebiscite that was conducted on the proposed creation of the Municipality of Tulay-Na-Lupa from barangays of the existing Municipality of Labo in Camarines Norte. - The petitioner argued that the plebiscite was invalid as it was conducted in both the areas of the proposed municipality and the remaining areas of Labo, instead of just the affected barangays. - However, the court held that the plebiscite conducted throughout Labo was valid, as residents of the entire political entity would be economically affected by the separation, and both areas were considered "political units directly affected."

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    Padilla vs. Comelec

    Uploaded by

    Mich Angeles
    194 views1 page
    - The document discusses a case regarding a plebiscite that was conducted on the proposed creation of the Municipality of Tulay-Na-Lupa from barangays of the existing Municipality of Labo in Camarines Norte. - The petitioner argued that the plebiscite was invalid as it was conducted in both the areas of the proposed municipality and the remaining areas of Labo, instead of just the affected barangays. - However, the court held that the plebiscite conducted throughout Labo was valid, as residents of the entire political entity would be economically affected by the separation, and both areas were considered "political units directly affected."

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    Padilla vs. Comelec

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    - The document discusses a case regarding a plebiscite that was conducted on the proposed creation of the Municipality of Tulay-Na-Lupa from barangays of the existing Municipality of Labo in Camarines Norte. - The petitioner argued that the plebiscite was invalid as it was conducted in both the areas of the proposed municipality and the remaining areas of Labo, instead of just the affected barangays. - However, the court held that the plebiscite conducted throughout Labo was valid, as residents of the entire political entity would be economically affected by the separation, and both areas were considered "political units directly affected."

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    194 views1 page

    Padilla vs. Comelec

    Uploaded by

    Mich Angeles
    - The document discusses a case regarding a plebiscite that was conducted on the proposed creation of the Municipality of Tulay-Na-Lupa from barangays of the existing Municipality of Labo in Camarines Norte. - The petitioner argued that the plebiscite was invalid as it was conducted in both the areas of the proposed municipality and the remaining areas of Labo, instead of just the affected barangays. - However, the court held that the plebiscite conducted throughout Labo was valid, as residents of the entire political entity would be economically affected by the separation, and both areas were considered "political units directly affected."

    Copyright:

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    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    of 1

    G.R. No. 103328 October 19, 1992 HON. ROY A. PADILLA, JR.

    , In his capacity as Governor of the Province of Camarin es Norte, petitioner,vs. COMMISSION ON ELECTIONS, respondent. FACTS: Republic Act No. 7155 creates the Municipality of Tulay-Na-Lupa in the Province of Camarines Norte to becomposed of Barangays Tulay-Na-Lupa, Lugui, San Antonio, Mabilo I, Napaod, Benit, Bayan-Bayan, Matanlang, Pag-Asa, Maot, and Calabasa, a ll in the Municipality of Labo, same province.Pursuant to said law, the COMELEC issued a resolution for the conduct of a plebiscite. The said resolution provide sthat the plebiscite shall be held in the areas or units affected, namely the ba rangays comprising he proposedMunicipality of Tulay-Na-Lupa and the remaining ar eas of the mother Municipality of Labo, Camarines Norte.In the plebiscite held t hroughout the Municipality of Labo, majority of the votes cast were against the creation of the Municipality of Tulay-Na-Lupa.Thus, petitioner as Governor of Ca marines Norte, seeks to set aside the plebiscite conducted throughout theMunicip ality of Labo and prays that a new plebiscite be undertaken. It is the contentio n of petitioner that theplebiscite was a complete failure and that the results o btained were invalid and illegal because the plebiscite, asmandated by COMELEC, should have been conducted only in the political unit or units affected, i.e. the 12barangays comprising the new Municipality of Tulay-Na-Lupa namely Tulay-Na -Lupa, Lugui, San Antonio, Mabilo I,Napaod, Benit, Bayan-Bayan, Matanlang, Pag-A sa, Maot, and Calabasa. Petitioner stresses that the plebisciteshould not have i ncluded the remaining area of the mother unit of the Municipality of Labo, Camar ines Norte. Insupport of his stand, petitioner argues that where a local unit is to be segregated from a parent unit, only thevoters of the unit to be segregate d should be included in the plebiscite. ISSUE: Was the plebiscite conducted in the areas comprising the proposed Municipality o f Tulay-Na-Lupa and theremaining areas of the mother Municipality of Labo valid? HELD: Yes.When the law states that the plebiscite shall be conducted "in the political units directly affected," it means thatresidents of the political entity who wo uld be economically dislocated by the separation of a portion thereof havea righ t to vote in said plebiscite. Evidently, what is contemplated by the phase "poli tical units directly affected," isthe plurality of political units which would p articipate in the plebiscite. Logically, those to be included in suchpolitical a reas are the inhabitants of the 12 barangays of the proposed Municipality of Tul ay-Na-Lupa as well asthose living in the parent Municipality of Labo, Camarines Norte. Thus, it was concluded that respondent COMELECdid not commit grave abuse of discretion in promulgating the resolution

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