CAWALING vs.

COMELEC
G.R. No. 146319 & 146342, October 26, 2001

FACTS:
In August 2000, former President Joseph E. Estrada approved R.A. No. 8806, merging the Bacon
and Sorsogon municipalities in Sorsogon Province to establish the City of Sorsogon, with allocated
funds. Following Article X, Section 10 of the Constitution, the COMELEC organized a public vote
on December 16, 2000, in both municipalities. The Plebiscite City Board of Canvassers (PCBC)
confirmed that the majority of votes supported the creation of Sorsogon City.

Benjamin E. Cawaling, Jr., a resident and taxpayer of former Sorsogon Municipality, filed a
certiorari petition on January 2, 2001, seeking to void the plebiscite. He claimed the vote violated
R.A. 8806's Section 54, as it exceeded the 120-day limit after approval. He also alleged that the
COMELEC didn't conduct a mandatory twenty-day information campaign. On January 4, 2001,
he filed a prohibition petition to stop R.A. No. 8806's implementation, citing constitutional
violations. He argued that the merger of the municipalities into a city contradicted the Local
Government Code's Section 450(a), and the law covered two distinct matters, violating the "one
subject-one bill" principle in Section 26(1), Article VI of the Constitution.

These petitions combine to challenge Republic Act No. 8806's legality, establishing Sorsogon
City, and the validity of the associated plebiscite.

ISSUES:
I. Whether or not the plebiscite conducted by the COMELEC for the ratification of the
creation of Sorsogon City is valid.
II. Whether or not the COMELEC failed to conduct an extensive information campaign
on the proposed Sorsogon cityhood 20 days prior to the scheduled plebiscite as required
by Article 11 (b.4.ii), Rule II of the Rules and Regulations Implementing the Code.

RULING:
I. The COMELEC's validation of the plebiscite confirming the establishment of Sorsogon City is
valid. According to R.A. No. 8806's Section 54, the city's formation becomes official when a
majority of eligible voters approve it within 120 days of its approval. However, Section 65 of the
same law states that it becomes effective after being published in both a widely circulated
newspaper and a local newspaper. The law was first published in a widely circulated newspaper,
TODAY, on August 25, 2000, and later in a local newspaper in Sorsogon on September 1, 2000,
completing the publication process.
Moreover, Section 10's final sentence in the governing Code mandates the COMELEC to conduct
the plebiscite within 120 days of the law's effective date, unless the law specifies another date.
This clarifies that the plebiscite's timeframe is tied to the law's effectiveness, not its approval.

Although the same provision permits the law to set a different date for the plebiscite, this date must
still be calculated from the law's effective date. Consequently, the term "approval" in R.A. No.
8806's Section 54 should be interpreted in conjunction with Section 65 (concerning the law's
effectivity) and corresponds to the meaning of "effectivity" as outlined in Section 10 of the Code.
This interpretation aligns with the principle that all aspects of laws related to the same subject
should be harmonized to prevent inconsistencies or contradictions with established legal
interpretations.

II. No. The COMELEC successfully carried out the necessary comprehensive information
campaign about the proposed Sorsogon city establishment, adhering to the stipulated requirement
of Article 11 (b.4.ii), Rule II of the Regulations that Implement the Code. The petitioner failed to
provide any evidence to support his claim. As a result, the Court upholds the assumption that the
COMELEC dutifully and appropriately fulfilled its obligations according to the law while
conducting the plebiscite.