Navarro vs Ermita

GR No 180050

Facts:

The mother province of Surigao del Norte was created and established under RA 2786 on June
18, 1960. The province is subdivided into three main groups of islands namely, (1) Mainland and
Surigao City (2000 census: 281,111 and 118,534 inhabitants, respectively); (2) Siargao Island
and Bucas Grande (93,354); (3) Dinagat Island (106,951). Petitioners filed a petition for
certiorari seeking to nullify RA No. 9355 (Act Creating the Province of Dinagat Islands) for being
unconstitutional. Petitioners allege that the creation of the Dinagat Islands as a new province
perpetuates an illegal act of Congress, and unjustly deprives the people of Surigao del Norte of
a large chunk of its territory, internal revenue allocation and rich resources from the area.

Issues:
(1) Whether or not the RA No. 9335 complied with the constitution and statutory
requirements under Section 461 of RA 7160 , known as Local Government Code of 1991
(2) Whether or not the creation of Dinagat islands as new province is an act of
gerrymandering
(3) Whether or not the result of the plebiscite is credible and truly reflects the mandate of
the people

Held: Petition is granted. RA 9355 is declared unconstitutional. Proclamation of Dinagat Islands

as a new province is null and void. Article 9 of the Rules and Regulations where the proposed
province is composed of one or more islands is declare null and void.

(1.a) RA 9355 expressly states that the Province of Dinagat islands contains an approximate
land area of 802.12 sq. km., including Hibuson Island and approximately 47 islets. RA 9355,
therefore failed to comply with land area requirement of 2,000 sq. km. by the Lands
Management Bureau.

(1.b) RA 9355 failed to comply with the population requirement of not less than 250,000
inhabitants, whereas, based on 2000 census was total inhabitants is approximately 106,951.
Respondents contend the 2003 special census which yielded count of 371,000 and
therefore compliant to the statutory requirement. The special census was conducted in the
presence of an NSO representative; this was neither certified by NSO nor persuasive to the
court.

(2) As to the creation of Province of Dinagat Islands is an act of gerrymandering. The argument
of petitioners is unsubstantiated.

(3) Allegations of fraud and irregularities during the plebiscite cannot be resolved in a special
civil action for certiorari. Petitioners should have filed the proper action with the COMELEC.