08 - Bara Lidasan v.

Commission on Elections
Oct. 25, 1967; Sanchez
Prepared by Tobie Reynes
Facts
1. [June 18, 1966] The Chief Executive signed into law House Bill No. 1247, which
became Republic Act No. 4790, entitled An Act Creating the Municipality of Dianaton
in the Province of Lanao del Sur.
a. The Act mentioned 21 barrios in the municipalities of Butig and Balabagan,
Province of Lanao del Sur that were to be separated from said municipalities
and constituted into a distinct and independent municipality to be known as
the Municipality of Dianaton, Province of Lanao del Sur.
b. It also established Togaig (one of the 21 barrios) as the seat of the
government of the municipality.
2. However, it turned out that two of the barrios (i.e. Togaig and Madalum) are actually
within the municipality of Buldon, Province of Cotabato; while ten were part of
the municipality of Parang, Province of Cotabato. These eleven provinces were
not part of Lanao del Sur.
3. [Aug. 15, 1967] The COMELEC issued a resolution implementing the Act for purposes
of establishment of precincts, registration of voters, and other election purposes.
4. [Sept. 7, 1967] The Office of the President, recommended to COMELEC that the
operation of the statute be suspended until clarified by correcting legislation.
5. [Sept. 20, 1967] COMELEC stood by its own interpretation and declared that the Act
should be implemented unless declared unconstitutional.
6. Petitioner Lisadan filed the present petition for certiorari and prohibition in his
capacity as a resident and taxpayer of the detached portion of Parang, Cotabato, and
as a qualified voter for the 1967 elections. He prays for the Act to be declared
unconstitutional and for the COMELEC resolutions to be nullified.
Petitioners arguments
1. The Constitution provides that [n]o bill which may be enacted into law shall embrace
more than one subject which shall be expressed in the title of the bill. [CONST. (1935)
art. VI, 21 (1)]
Respondents arguments
1. The change in boundaries of the two provinces (Cotabato and Lanao del Sur) is
merely the incidental legal result of the definition of the boundary of the municipality
of Dianaton.
a. Thus, reference to the fact that portions in Cotabato are taken away need not
be expressed in the title of the law.
2. The case of Felwa v. Salas is controlling. There, the title An Act Creating the
Provinces of Benguet, Mountain Province, Ifugao, and Kalinga, Apayao was assailed
as the provisions thereof in reference to the elective officials of the provinces created
were not set forth in the title. The Court ruled that a law creating provinces must be
expected to provide for the officers who shall run its affairssomething which is
manifestly germane to the subject of legislation.
3. Assuming that the Act is unconstitutional for the arguments presented, it may still be
salvaged with reference to the nine barrios. The limited title of the Act still covers
those barrios actually in Lanao del Sur.
4. Petitioner has no substantial legal interest adversely affected by the Act.
Issues/Held/Ratio
W/N the petitioner is the real party in interest YES, he is.
1. He is a qualified voter who expects to vote in the 1967 elections. His right to vote in
his own barrio before it was annexed to a new town is affected.

W/N Rep. Act No. 4790 is unconstitutional for having a defective title YES, it is.
1. Rationale behind the constitutional mandate relied on by petitioner:
a. The provision contains two limitations upon legislative power: (1) Congress is
to refrain from conglomeration of heterogeneous subjects under one statue;
and (2) the title of the bill is to be couched in a language sufficient to notify
the legislators and the public and those concerned of the import of the single
subject thereof.
b. The Constitution does not require Congress to employ in the title of an
enactment language of such precision as to mirror all the contents and the
minute details therein. It is simply to prevent surprise or fraud upon the
legislators.
c. The test of sufficiency of a title is whether or not it is misleading. Its substance
rather than its form should be considered.
2. The title An Act Creating the Municipality of Dianaton, in the Province of Lanao
del Sur creates the impression that solely the province of Lanao de Sur is
affected by the creation of Dianaton. However, it is a fact that the communities in
the adjacent province of Cotabato are incorporated in this new town in Lanao del Sur.
a. In the Province of Lanao del Sur is thus misleading and deceptive.
3. COMELECs posture that the change in boundaries is merely an incidental legal result
only emphasizes the error of constitutional dimensions in writing down the title of the
bill.
a. Transfer of a sizeable portion of territory from one province to another
necessarily involves reduction of area, population, and income of the first and
the corresponding increase of the other; this is as important as the creation of
a municipality.
4. Felwa v. Salas is inapplicable as the Act in question is totally different, as the statute
involved here contemplates the lumping together of barrios from two separate
provinces under one statuteneither a natural nor logical consequence of the
creation of a new municipality.
W/N Rep. Act No. 4790 is unconstitutional as a whole YES, it is.
1. The provisions of Rep. Act No. 4790 are inseparable. It is thus null and void in its
entirety.
2. When the bill was presented in Congress, the totality of 21 barrios (not just 9) was
in the mind of the proponent.
a. The Explanatory Note to House Bill 1247 read: The territory is now a
progressive community; the aggregate population is large; and the collective
income is sufficient to maintain an independent municipality. This bill, if
enacted into law, will enable the inhabitants concerned to govern themselves
and enjoy the blessings of municipal autonomy.
b. It can further be seen that Togaigone of the barrios located in Cotabato
was established in the Act as the seat of the government of the municipality.
c. With the known premise that Dianaton was created upon the basic
considerations of progressive community, large aggregate population, and
sufficient income, the Court cannot now say that Congress intended to
create Dianaton with only 9 barrios with a seat of government left to be
conjectured.
Rep. Act No. 4790 is declared NULL and VOID. The COMELEC is PROHIBITED from
implementing the same for electoral purposes.