Miranda v Aguirre HELD

G.R. No. 133064, September 16, 1999 YES. IN VIEW WHEREOF, the petition is granted.
Republic Act No. 8528 is declared unconstitutional and
TOPIC: Justiciable and political question the writ of prohibition is hereby issued commanding
the respondents to desist from implementing said law.
Petitioners: JOSE C. MIRANDA, ALFREDO S. DIRIGE,
MANUEL H. AFIADO, MARIANO V. BABARAN AND RATIO
ANDRES R. CABUYADAO - LOCUS STANDI - the constitutionality of law can be
Respondents: HON. ALEXANDER AGUIRRE, IN HIS challenged by one who will sustain a direct injury as a
CAPACITY AS EXECUTIVE SECRETARY; HON. EPIMACO result of its enforcement.
VELASCO, IN HIS CAPACITY AS SECRETARY OF LOCAL - Petitioner Mayor Miranda filed the present petition in
GOVERNMENT, HON. SALVADOR ENRIQUEZ, IN HIS his own right as mayor, so he did not need the consent
CAPACITY AS SECRETARY OF BUDGET, THE of the city council of Santiago City.
COMMISSION ON AUDIT THE COMMISSION ON - the change from independent component city to
ELECTIONS HON. BENJAMIN G. DY, IN HIS CAPACITY AS component city will affect his powers as mayor
GOVERNOR OF ISABELA, THE HONORABLE - other petitioner are residents and voters of Santiago
SANGGUNIANG PANLALAWIGAN OF ISABELA, ATTY. have the right to be heard through a plebiscite
BALTAZAR PICIO, IN HIS CAPACITY AS PROVINCIAL
ADMINISTRATOR, AND MR. ANTONIO CHUA, IN HIS - JURISDICTION - NOT a political question
CAPACITY AS PROVINCIAL TREASURER - Political question - a question of policy; to those
Pon: Puno questions which under the Constitution are to be
decided by the people in their sovereign capacity; or in
FACTS regard to which full discretionary authority has been
- writ of prohibition assailing the constitutionality of delegated to the legislative or executive branch of the
Republic Act No. 8528 converting the city of Santiago, government. It is concerned with issues dependent
Isabela from an independent component city to a upon the wisdom, not legality, of a particular measure
component city. Tanada v. Cuenco
- May 5, 1994, Republic Act No. 7720 which converted - justiciable issue - implies a given right, legally
the municipality of Santiago, Isabela into an demandable and enforceable, an act or omission
independent component city was signed into law. violative of such right, and a remedy granted and
Ratified by plebiscite on July 4, 1994 sanctioned by law, for said breach of right. Casibang
- RA 8525 amended RA 7720 on Feb 14, 1998 - v. Aquino
changed the status of Santiago from an independent - the issue is a legal one whether petitioners have the
component city to a component city right to a plebiscite
- petitioner Miranda is mayor of Santiago
- petitioners say that the amendment should have - Section 10, Article X
been subject to a plebiscite No province, city, municipality, or barangay may be
- respondent provincial officials counter that the issue created, or divided, merged, abolished, or its boundary
is a political one substantially altered except in accordance with the
- OSG the reclassification did not involve any creation, criteria established in the local government code and
division, merger, abolition, or substantial alteration of subject to approval by a majority of the votes cast in a
boundaries of local government units, hence, a plebiscite in the political units directly affected.
plebiscite of the people of Santiago is unnecessary.
- Intervenor Aggabao said both the Constitution and - Section 10, Chapter 2 of the Local Government Code
the Local Government Code of 1991 do not require a (R.A. No. 7160
plebiscite to approve a law that merely allowed Sec. 10. No province, city, municipality, or barangay
qualified voters of a city to vote in provincial elections. may be created, divided, merged, abolished, or its
The rules implementing the Local Government Code boundary substantially altered except in accordance
cannot require a plebiscite. with the criteria established in the local government
code and subject to approval by a majority of the votes
ISSUES cast in a plebiscite in the political units directly
Whether the downgrading of Santiago City affected.
from an independent component city to a mere
component city requires the approval of the - The power to create, divide, merge, abolish or
people of Santiago City in a plebiscite. substantially alter boundaries of local government units
Whether R.A. No. 8528 is unconstitutional for belongs to Congress.
its failure to provide that the conversion of the - The resolution of the issue depends on whether or not
city of Santiago from an independent the downgrading falls within the meaning of creation,
component city to a component city division, merger, abolition or substantial alteration of
boundaries of municipalities per Section 10, Article X of
the Constitution.
- material change in the political and economic rights local government unit concerned. They were not
of the local government units directly affected as well imposed to determine the necessity for a plebiscite of
as the people therein needs approval of the people the people.
- Section 10, Article X addressed the undesirable - the people's plebiscite is required to achieve a
practice in the past whereby local government units political purpose --- to use the people's voice as a
were created, abolished, merged or divided on the check against the pernicious political practice of
basis of the vagaries of politics and not of the welfare gerrymandering (manipulate the boundaries of (an
of the people. electoral constituency) so as to favor one party or
- a checking mechanism to any exercise of legislative class.)
power creating, dividing, abolishing, merging or - The records show that the downgrading of Santiago
altering the boundaries of local government units. City was opposed by certain segments of its people.
- It is one instance where the people in their sovereign - Some legislators expressed surprise for the sudden
capacity decide on a matter that affects them - - - move to downgrade the status of Santiago City as
direct democracy of the people as opposed to there had been no significant change in its socio-
democracy thru peoples representatives. economic-political status. The only reason given for the
- this is also in accord with the constitutions aim to downgrading is to enable the people of the city to
grant more autonomy to LGUs aspire for the leadership of the province.
- downgrading is substantial - it is the essence of an independent component city
= The city mayor will be placed under the that its people can no longer participate or be voted for
administrative supervision of the provincial governor, in the election of officials of the province. The people of
not the Office of the President anymore Santiago City were aware that they gave up that
= resolutions and ordinances of the city council privilege when they voted to be independent
of Santiago for review by Provincial board of Isabela - There was an attempt on the part of the Committee
= taxes will be shared with the province on Local Government to submit the downgrading for
= the territorial land area of Santiago City will plebiscite when a recess was called. After the recess,
be added to the land area comprising the province of the chairman of the Committee announced the
Isabela. withdrawal of the amendment "after a very
= will benefit the province = increase of its enlightening conversation with the elders of the Body."
share from the internal revenue allotment
= diminished funds for the local operations of - sponsorship speech and interpellation
the City Government because of reduced shares of the Senator Sotto. Mr. President, the officials of the
IRA province said during the public hearing that they are
no longer vested with the power and authority of
- There is more reason to consult the people when R.A. general supervision over the city. The power and
No. 8528 downgrades the status of their city. authority is now being exercised by the Office of the
- LGC IRR President and it is quite far from the City of Santiago.
(f) Plebiscite - (1) no creation, conversion, division, there is a clamor from some sectors that they want
merger, abolition, or substantial alteration of to participate in the provincial elections.
boundaries of LGUS shall take effect unless approved - senator roco - I thought it should be put on record
by a majority of the votes cast in a plebiscite called for that we have supported originally the proposal to make
the purpose in the LGU or LGUs affected. it an independent city. But now if it is their request,
- The rules cover all conversions, whether upward or then, on the manifestation of the Chairman, let it be so.
downward in character, so long as they result in a -Senator Drilon - on the matter of the opinion of the
material change in the local government unit directly citizens of Santiago City, there is a resolution passed
affected, especially a change in the political and by the Sanggunian on January 30, 1997 opposing the
economic rights of its people. conversion of Santiago from an independent city.
- Congress power to amend the charter of Santiago - senator alvarez, who hails from this town - the ones
City is limited by Section 10, Article X of the who will benefit from this are the citizens of Santiago
Constitution who will now be enfranchised in the provincial electoral
process, and whose children will have the opportunity
2 conditions of the constitution to grow into provincial leadership. This is one of the
1) the creation, division, merger, abolition or prime reasons why this amendment is being put
substantial alteration of boundary of a local forward. This bill was sponsored by the congressman of
government unit must meet the criteria fixed by the that district who represents a constituency, the voice of
LGC on income, population and land area the district.
2) the law must be approved by the people "by a - Senator Drilon wanted to do another plebiscite but Mr
majority of the votes cast in a plebiscite in the political alavarez said 10 of Article X that the downgrading is
units directly affected." not part of created, divided, merged, abolished, or its
boundary substantially altered
- requirements on income, population and land area are - Sotto now wanted to withdraw his amendment of
imposed to help assure the economic viability of the downgrading, but Maceda said senatorial courtesy
demands that we, as much as possible, accommodate - two other downgrades without plebiscite: City of
the request of the Senator from Isabela as we have Oroquieta, Misamis Occidental,[16] and the City of San
done on matters affecting the district of other Carlos, Pangasinan - charters were amended to allow
senators since the matter affects only his city their people to vote and be voted upon in the election
- Sen Alvarez: I campaigned against the cityhood of of officials of the province to which their city belongs
Santiago not because I do not want it to be a city but without submitting the amendment to a plebiscite. The
because it had disenfranchised the young men of my two cities were chartered but were not independent
city from aspiring for the leadership of the province. component cities for both were not highly urbanized
The town is the gem of the province. How could we cities which alone were considered independent cities
extricate the town from the province? at that time.