DINAGAT ISLANDS CASE

NAVARRO VS EXECUTIVE SECRETARY

The National Statistics Office certified that Dinagat Islands population is 120,813.
Its land area is 802.12 square kilometers and its average annual income is
P82,696,433.23, as certified by the Bureau of Local Government Finance. On
October 2, 2006, the President approved into law R.A. 9355 creating the
Province of Dinagat Islands. On December 3, 2006, the COMELEC conducted
the mandatory plebiscite for the ratification of the creation of the province under
the LGC which yielded 69,943 affirmative votes and 63,502 negative votes. With
the approval of the people from both the mother province of Surigao del Norte
and the Province of Dinagat Islands (Dinagat), the President appointed the
interim set of provincial officials who took their oath of office on January 26, 2007.
Later, during the May 14, 2007 synchronized elections, the Dinagatnons elected
their new set of provincial officials who assumed office on July 1, 2007.

Meanwhile, on November 10, 2006, petitioners Rodolfo G. Navarro and other

former political leaders of Surigao del Norte, filed before the SC a petition for
certiorari and prohibition (G.R. No. 175158) challenging the constitutionality of
R.A. No. 9355 alleging that that the creation of Dinagat as a new province, if
uncorrected, would perpetuate an illegal act of Congress, and would unjustly
deprive the people of Surigao del Norte of a large chunk of the provincial territory,
Internal Revenue Allocation (IRA), and rich resources from the area. Is R.A. No.
9355 constitutional?

Yes. In Navarro vs. Executive Secretary (G.R. no. 180050, April 12, 2011), the
Honorable Supreme Court ruled that Republic Act No. 9355 is as VALID and
CONSTITUTIONAL, and the proclamation of the Province of Dinagat Islands and
the election of the officials thereof are declared VALID.

The SC also ruled that the provision in Article 9(2) of the Rules and Regulations
Implementing the Local Government Code of 1991 stating, The land area
requirement shall not apply where the proposed province is composed of one (1)
or more islands, is declared VALID.

According to the SC, with respect to the creation of barangays, land

area is not a requisite indicator of viability. However, with respect to the creation
of municipalities, component cities, and provinces, the three (3) indicators of
viability and projected capacity to provide services, i.e., income, population, and
land area, are provided for.

But it must be pointed out that when the local government unit to be created
consists of one (1) or more islands, it is exempt from the land area requirement
as expressly provided in Section 442 and Section 450 of the LGC if the local
government unit to be created is a municipality or a component city, respectively.
This exemption is absent in the enumeration of the requisites for the creation of a
province under Section 461 of the LGC, although it is expressly stated under
Article 9(2) of the LGC-IRR.

xxx There appears neither rhyme nor reason why this exemption
should apply to cities and municipalities, but not to provinces. In fact, considering
the physical configuration of the Philippine archipelago, there is a greater
likelihood that islands or group of islands would form part of the land area of a
newly-created province than in most cities or municipalities. It is, therefore,
logical to infer that the genuine legislative policy decision was expressed in
Section 442 (for municipalities) and Section 450 (for component cities) of the
LGC, but was inadvertently omitted in Section 461 (for provinces). Thus, when
the exemption was expressly provided in Article 9(2) of the LGC-IRR, the
inclusion was intended to correct the congressional oversight in Section 461 of
the LGC and to reflect the true legislative intent. It would, then, be in order for

the Court to uphold the validity of Article 9(2) of the LGC-IRR.

xxxConsistent with the declared policy to provide local government

units genuine and meaningful local autonomy, contiguity and minimum land area
requirements for prospective local government units should be liberally construed
in order to achieve the desired results. The strict interpretation adopted by the
February 10, 2010 Decision could prove to be counter-productive, if not outright
absurd, awkward, and impractical. Picture an intended province that consists of
several municipalities and component cities which, in themselves, also consist of
islands. The component cities and municipalities which consist of islands are
exempt from the minimum land area requirement, pursuant to Sections 450 and
442, respectively, of the LGC. Yet, the province would be made to comply with
the minimum land area criterion of 2,000 square kilometers, even if it consists of
several islands. This would mean that Congress has opted to assign a distinctive
preference to create a province with contiguous land area over one composed of
islands and negate the greater imperative of development of self-reliant
communities, rural progress, and the delivery of basic services to the
constituency. This preferential option would prove more difficult and burdensome
if the 2,000-square-kilometer territory of a province is scattered because the
islands are separated by bodies of water, as compared to one with a contiguous
land mass.

xxx What is more, the land area, while considered as an indicator of

viability of a local government unit, is not conclusive in showing that Dinagat
cannot become a province, taking into account its average annual income of
P82,696,433.23 at the time of its creation, as certified by the Bureau of Local
Government Finance, which is four times more than the minimum requirement of
P20,000,000.00 for the creation of a province. The delivery of basic services to
its constituents has been proven possible and sustainable. Rather than looking at
the results of the plebiscite and the May 10, 2010 elections as mere fait accompli

circumstances that cannot operate in favor of Dinagats existence as a province,

they must be seen from the perspective that Dinagat is ready and capable of
becoming a province.