Padilla vs. COMELEC

Governor (P) vs. COMELEC (D)
GR 103328, October 19,1992 (214 SCRA 735)	[T]

Summary: A plebiscite for a newly created municipality was conducted and the voters rejected its creation. The governor questioned the result and challenged the inclusion of the voters of the mother municipality in the plebiscite.

Rule of Law: 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 the approval by the majority of the votes cast in a plebiscite in the political units directly affected—Section 10, Article X, 1987 Constitution.

Facts: Republic Act No. 7155 created the new municipality of Tulay-Na-Lupa in the Province of Camarines Norte and pursuant to this law, the COMELEC (D) conducted a plebiscite for its approval. In its resolution for the conduct of the plebiscite, the COMELEC (D) included all the voters of the Municipality of Labo—the parent unit of the new municipality.

The result of the plebiscite showed that the majority rejected the creation of the new Municipality of Tulay-Na-Lupa. The governor, Hon. Roy Padilla, Jr. (P), petitioned the court to set aside the result arguing that the phrase "political units directly affected" in Section 10, Article X of the 1987 Constitution does not include the parent political unit—the Municipality of Labo.

Issues: Is the result of the plebiscite valid?

Ruling: Yes. When the law states that the plebiscite shall be conducted "in the political units directly affected," it means that residents of the political entity who would be economically dislocated by the separation thereof have a right to vote in said plebiscite. What is contemplated by the phrase "political units directly affected," is the plurality of political units which would participate in the plebiscite. Logically, those to be included in such political areas are the inhabitants of the proposed Municipality of Tulay-Na-Lupa as well as those living in the the parent Municipality of Labo, Camarines Norte.