Aurelio M. Umali, Petitioner v. COMELEC, Julius Cesar V.

Vergara, and the City Government of Cabanatuan,

FACTS:
July 11, 2011, the Sangguniang Panglungsod of Cabanatuan City passed Resolution No. 183-2011
- Resolution No. 183-2011  requesting the President to declare the conversion of Cabanatuan City from a
component city of the province of Nueva Ecija into a highly urbanized city (HUC)
- Presidential Proclamation No. 418, Series of 2012  proclaiming the City of Cabanatuan as an HUC
subject to "ratification in a plebiscite by the qualified voters therein, as provided for in Section 453 of the
Local Government Code of 1991."
COMELEC issued assailed Minute Resolution No. 12-0797  the purposes of the plebiscite for the conversion of
Catanduanez City from component city to highly-urbanized city, only those registered residents of Cabanatuan City
should participate in the said plebiscite.
- COMELEC based this resolution on Sec. 453 of the LGC of 1991.
o Section 453. Duty to Declare Highly Urbanized Status. - It shall be the duty of the President to
declare a city as highly urbanized within thirty (30) days after it shall have met the minimum
requirements prescribed in the immediately preceding section, upon proper application therefore
and ratification in a plebiscite by the qualified voters therein.
 Puerto Princesa City in Palawan
 Tacloban City in Southern Leyte
 Lapu-Lapu City in Cebu,
***the residents of the city proposed to be converted were allowed to vote in the corresponding plebiscite.

Aurelio M. Umali (Gov. Of Nueva Ecija)  filed a Verified Motion for Reconsideration, maintaining that the
proposed conversion in question will necessarily and directly affect the mother province of Nueva Ecija.
- Main Argument: Section 453 of the LGC should be interpreted in conjunction with Sec. 10, Art. X of the
Constitution. He argues that while the conversion in question does not involve the creation of a new or the
dissolution of an existing city, the spirit of the Constitutional provision calls for the people of the local
government unit (LGU) directly affected to vote in a plebiscite whenever there is a material change in their
rights and responsibilities.
o Sec 10, Art X: 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 approval by a majority of the votes cast in a plebiscite
in the political units directly affected.
 "qualified voters therein" used in Sec. 453 of the LGC should then be interpreted to refer
to the qualified voters of the units directly affected by the conversion and not just those in
the component city proposed to be upgraded.

Julius Cesar Vergara (City Mayor of Cabanatuan)  nterposed an opposition on the ground that Sec. 10, Art. X
does not apply to conversions, which is the meat of the matter. He likewise argues that a specific provision of the
LGC, Sec. 453, as couched, allows only the qualified voters of Cabanatuan City to vote in the plebiscite.
- when Santiago City was converted in 1994 from a municipality to an independent component city pursuant
to Republic Act No. (RA) 7720, the plebiscite held was limited to the registered voters of the then
municipality of Santiago.

Hearing  October 4, 2012: the COMELEC En Banc on October 16, 2012, in E.M No. 12-045 (PLEB), by a vote of 5-
24 ruled in favor of respondent Vergara through the assailed Minute Resolution 12-0925.
a. To DENY the Motion for Reconsideration of oppositor Governor Aurelio M. Umali
 b. To SCHEDULE the conduct of Plebiscite for the conversion of Cabanatuan City from component
city into highly-urbanized city with registered residents only of Cabanatuan City to participate in
said plebiscite

*** “The conversion would merely reinforce the powers and prerogatives already being exercised by the city, with the political
unit’s probable elevation to that of an HUC as demanded by its compliance with the criteria established under the LGC. Thus, the
participation of the voters of the entire province in the plebiscite will not be necessary.”

Dr. Rodolfo B. Punzalan filed a Petition for Declaratory Relief in RTC branch 40 (Palayan City)
1. Punzalan prayed that Minute Resolution No. 12-0797 be declared unconstitutional,
2. That the trial court decree that all qualified voters of the province of Nueva Ecija be included in the
plebiscite
3. that a Temporary Restraining Order (TRO) be issued enjoining public respondent from implementing the
questioned resolution.
October 19, 2012  RTC granted the prayer for a TRO.
November 6, 2012, public respondent through Minute Resolution No. 12-0989 suspended the preparations for the
event in view of the TRO issued by the RTC

December 3, 2012 (J.V. Bautista , petitioner)  filed a case before this Court for Mandamus, docketed as G.R. No.
204371, praying that public respondent be ordered to schedule the plebiscite either on December 15 or 22, 2012.
- argued that since the TRO issued by the RTC has already expired, the duty of the public respondent to hold
the plebiscite has become mandatory and ministerial
- alleged that the delay in holding the plebiscite is inexcusable given the requirement that it should be held
within a period of 120 days form the date of the President’s declaration.
After the conclusion of the 2013 elections, public respondent issued Resolution No. 1353 scheduling the plebiscite to
January 25, 2014.
- However, a TRO was issued by this Court on January 15, 2014 in G.R. No. 203974 to suspend the conduct of
the plebiscite for Cabanatuan City’s conversion.

ISSUE:
whether the qualified registered voters of the entire province of Nueva Ecija or only those in Cabanatuan City can
participate in the plebiscite called for the conversion of Cabanatuan City from a component city into an HUC.
*** the public respondent will be ordered the plebiscite (THE ONLY VARIATION WILL BE AS REGARDS ITS
PARTICIPANTS:
RULING:
Umali (argued Sec 10, Art X) v. COMELEC (argued Sec. 453 LGC)
First of all, we have to restate the general principle that legislative power cannot be delegated. Nonetheless, the
general rule barring delegation is subject to certain exceptions allowed in the Constitution, namely:
- Delegation by Congress to the President of the power to fix "tariff rates, import and export quotas, tonnage
and wharfage dues, and other duties or imposts within the framework of the national development program
of the Government" under Section 28(2) of Article VI of the Constitution;
- Delegation of emergency powers by Congress to the President "to exercise powers necessary and proper to
carry out a declared national policy" in times of war and other national emergency under Section 23(2) of
Article VI of the Constitution.
*** The power to create, divide, merge, abolish or substantially alter boundaries of provinces, cities, municipalities or barangays,
which is pertinent in the case at bar, is essentially legislative in nature

however, allowed for the delegation of such power in Sec. 10, Art. X of the Constitution as long as :
- the criteria prescribed in the LGC is met
 - the creation, division, merger, abolition or the substantial alteration of the boundaries is subject to the
approval by a majority vote in a plebiscite.

Section 6. Authority to Create Local Government Units. - A local government unit may be created, divided, merged,
abolished, or its boundaries substantially altered either by law enacted by Congress in the case of a province, city,
municipality, or any other political subdivision, or by ordinance passed by the sangguniang panlalawigan or
sangguniang panlungsod concerned in the case of a barangay located within its territorial jurisdiction, subject to such
limitations and requirements prescribed in this Code."
Section 10. Plebiscite Requirement. – No creation, division, merger, abolition, or substantial alteration of boundaries
of local government units shall take effect unless approved by a majority of the votes cast in a plebiscite called for the
purpose in the political unit or units directly affected."

*** With the twin criteria of standard and plebiscite satisfied, the delegation to LGUs of the power to create, divide,
merge, abolish or substantially alter boundaries has become a recognized exception to the doctrine of non-delegation
of legislative powers.
Section 453. Duty to Declare Highly Urbanized Status.  the provision merely authorized the President to make a
determination on whether or not the requirements under Sec. 452

the Court concludes that the source of the delegation of power to the LGUs under Sec. 6 of the LGC and to the
President under Sec. 453 of the same code is none other than Sec. 10, Art. X of the Constitution
*** Respondents, however, posit that Sec. 453 of the LGC is actually outside the ambit of Sec. 10, Art. X of the
Constitution, considering that the conversion of a component city to an HUC is not "creation, division, merge,
abolition or substantial alternation of boundaries" encompassed by the said constitutional provision. (This
proposition is bereft of merit. Because:
- the Court held that the downgrading of an independent component city into a component city comes within
the purview of Sec. 10, Art. X of the Constitution.
- while conversion to an HUC is not explicitly provided in Sec. 10, Art. X of the Constitution we nevertheless
observe that the conversion of a component city into an HUC is substantial alteration of boundaries.

** Hornbook doctrine is that neither the legislative, the executive, nor the judiciary has the power to act beyond the
Constitution’s mandate. The Constitution is supreme; any exercise of power beyond what is circumscribed by the
Constitution is ultra vires and a nullity.

the Court treats the phrase "by the qualified voters therein" in Sec. 453 to mean the qualified voters not only in the
city proposed to be converted to an HUC but also the voters of the political units directly affected by such conversion
in order to harmonize Sec. 453 with Sec. 10, Art. X of the Constitution. (SUPREMACY OF THE CONSTITUTION)
*** The entire province of Nueva Ecija will be directly affected by Cabanatuan City’s conversion

xxx
WHEREFORE, premises considered, the Petition for Certiorari, docketed as G.R. No. 203974, is hereby GRANTED.
- COMELEC Minute Resolution No. 12-0797 dated September 11, 2012 and Minute Resolution No. 12-0925
dated October 16, 2012 are hereby declared NULL and VOID.
o Additionally, COMELEC is hereby ordered to conduct a plebiscite for the purpose of converting
Cabanatuan City into a Highly Urbanized City to be participated in by the qualified registered
voters of Nueva Ecija within 120 days from the finality of this Decision.