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    Tan v. Comelec Digest

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    Nicole Cruz
    The Supreme Court ruled the planned plebiscite on creating the province of Negros del Norte was unconstitutional and invalid. The Court held that whenever a province is created or its boundaries substantially altered, the approval of the voters in both the new province and the parent province whose boundaries are altered must be obtained. However, only voters in the proposed Negros del Norte province and not the whole of Negros Occidental were included in the plebiscite. This failed to comply with the constitutional requirement to obtain approval from all units affected by the boundary changes. Therefore, the plebiscite had no legal effect.

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    Tan v. Comelec Digest

    Uploaded by

    Nicole Cruz
    178 views1 page
    The Supreme Court ruled the planned plebiscite on creating the province of Negros del Norte was unconstitutional and invalid. The Court held that whenever a province is created or its boundaries substantially altered, the approval of the voters in both the new province and the parent province whose boundaries are altered must be obtained. However, only voters in the proposed Negros del Norte province and not the whole of Negros Occidental were included in the plebiscite. This failed to comply with the constitutional requirement to obtain approval from all units affected by the boundary changes. Therefore, the plebiscite had no legal effect.

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    (5) Tan v. Comelec Digest

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    The Supreme Court ruled the planned plebiscite on creating the province of Negros del Norte was unconstitutional and invalid. The Court held that whenever a province is created or its boundaries substantially altered, the approval of the voters in both the new province and the parent province whose boundaries are altered must be obtained. However, only voters in the proposed Negros del Norte province and not the whole of Negros Occidental were included in the plebiscite. This failed to comply with the constitutional requirement to obtain approval from all units affected by the boundary changes. Therefore, the plebiscite had no legal effect.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    178 views1 page

    Tan v. Comelec Digest

    Uploaded by

    Nicole Cruz
    The Supreme Court ruled the planned plebiscite on creating the province of Negros del Norte was unconstitutional and invalid. The Court held that whenever a province is created or its boundaries substantially altered, the approval of the voters in both the new province and the parent province whose boundaries are altered must be obtained. However, only voters in the proposed Negros del Norte province and not the whole of Negros Occidental were included in the plebiscite. This failed to comply with the constitutional requirement to obtain approval from all units affected by the boundary changes. Therefore, the plebiscite had no legal effect.

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    © All Rights Reserved
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    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.

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