Professional Documents
Culture Documents
SUPREME COURT
City of Manila
FRUMENCIO E. PULGAR and
HOBART DEVEZA DATOR, JR.,
Petitioners,
PETITION
PETITIONERS, by counsel, most respectfully state, THAT:
THE PARTIES
undersigned counsel.
Page1
On the other hand, respondents: a) HONORABLE
II
Resolutions Nos. 8533, 8534, 8535, 8537, 8538 and 8539, all
R.A. 9495.
applied for under the same tenor of the prayer for Writ of
Prohibition.
III
STATEMENT OF FACTS
March 1901, by virtue of Act No. 103, the provision of Act No. 83
as Quezon Province through Republic Act No. 14. Later, the sub-
organized provinces.
1
Act No. 83, Section 2 – Every provincial government established under this Act shall be a
body corporate, with power to sue and be sued, to have and use a corporate seal, to hold
property real or personal, to make contracts for labor and material needed in the
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construction of duly authorized public works and to incur any such other obligations as are
expressly authorized by law.
2
Section 534 (f), R.A. No. 7160.
Relevant to the instant case is the passage of Republic Act
No. 9495, “An Act Creating the Province of Quezon del Sur,”
the Official Gazette in Volume 104, No. 16, on April 21, 2008.
Republic Act No. 9495 originated from House Bill 2862 (later
Lorenzo Tañada III and Danilo Suarez of the 3rd and 4th
and approved the passage of the bill for second reading of the
omnibus motion to approve all other local bills, passed the second
7 June 2007.
http://comelec.wordpress.com/category/plebiscite/):
240.
4
Uncatalogued transcript of the Journal of the House of Representatives, 12/20/06, page
109.
NORTE, WHICH SHALL BE COMPOSED OF THE MUNICIPALITIES OF
BURDEOS, GENERAL NAKAR, INFANTA, JOMALIG, LUCBAN,
MAUBAN, PAGBILAO, PANUKULAN, PATNANUNGAN, POLILIO,
REAL, SAMPALOC, CANDELARIA, DOLORES, SAN ANTONIO,
SARIAYA, TIAONG AND THE CITIES OF LUCENA AND TAYABAS, TO
BE CONDUCTED ON DECEMBER 13, 2008.”
Resolution No. 8535 dated November 12, 2008 entitled “IN THE
MATTER OF DEPUTIZING THE DEPARTMENT OF EDUCATION, THE
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, THE
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, THE
ARMED FORCES OF THE PHILIPPINES, AND THE PHILIPPINE
NATIONAL POLICE FOR THE PURPOSE OF ENSURING FREE,
ORDERLY, HONEST, PEACEFUL AND CREDIBLE CONDUCT OF THE
DECEMBER 13, 2008 PLEBISCITE TO RATIFY THE CREATION OF
QUEZON DEL SUR AND THE RENAMING OF THE MOTHER
PROVINCE INTO QUEZON DEL NORTE PURSUANT TO REPUBLIC
ACT NO. 9495 DATED SEPTEMBER 7, 2007.”
IV
DISCUSSION
proper party;
case at bar.
5
95 SCRA 392, 401-404 [1980]. Also in David v. Macapagal-Arroyo, [Supreme Court] G.R.
Nos. 171396, 171400, 171409, 171424, 171483, 171485, and 171489, 5/3/06,
<www.supremecourt.gov.ph> page 21
is “definite and concrete, touching the legal relations of parties
execution.
-------------------------------------------------
-
6
Cruz, Isagani A., “Philippine Political Law” 1993 ed., p. 238. Cited in David, v. Macapagal-
Page29
voters thereof, where they own real properties and pay the
“B” and his Voter Certification as ANNEX “C” made parts hereof.
-------------------------------------------------
-
8
Salonga v. Warner Barnes Co., 88 Phil 125, also cited in David v. Macapagal-Arroyo, supra,
page 25.
resolve the same, such that, “if it is not raised in the pleadings, it
“Article 9. Provinces.
(a) xxx
Local Government.
Tañada III of their compliance with the statutory requisites for the
wit:
10
a. 2000 Census – 746,883 for “Quezon del Sur” and 736,072 for “Quezon del
Norte.” Minimum is 250,000.
b. Department of Finance 2002-2003 reported earnings of “Quezon del Sur” as 198.3
Million and “Quezon del Norte” – 276.1 Million. Minimum is 20 Million per 1991
constant price.
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c. Land Area - “Quezon del Sur” 4,033 sq.km. and 4,892 sq. km. for “Quezon del Norte.”
Minimum is 2,000 sq.km. Source: Transcript of the public hearing of the Committee
on Local Government, 2/25/06, p. 4
REP. TAÑADA. Yeah, Mr. Chairman, the resolution signed by the
Board Members are comprised by Board Member Roderick Magbuhos,
Board Member Gerald Ortiz, Board Member Icias Ubana and Board
Member Rommel Edaño. This has not yet been voted upon by the
Provincial Board, so it is hard for me to speculate on how the
Provincial Board will vote on the matter but there is a resolution that
was filed.
The position of Governor Enverga the (sic) time was to let the
people decide. So I am not sure if the Governor would still
maintain the same position today. In the 12th Congress, this bill
creating the Province of Quezon del Sur was, again, filed by
Congressman Nantes and former Congresswoman Aleta Suarez, but
this was not passed in the Committee nor in the Plenary of the House.
So this will be the third attempt. Hopefully, we will see the light of day
and get it pass through the Senate.
bill did not possess any resolution from the sangguniang bayan
and sangguniang panlalawigan of the affected LGUs; the
and the prevailing view of the committee was that it was not
the passage of the bill into law. Please refer to the Certification
September 7, 1946.
11
Ruben E. Agpalo, Statutory Construction, Fifth Edition, pp. 11-12 (Emphasis ours)
The purview or body of a statue is that part which tells
what the law is all about. The body of a statue should embrace
only one subject matter. The constitutional requirement
that a bill should have only one subject matter which
should be expressed in its title is complied with where
the provisions thereof, no matter how diverse that may
be, are allied and germane to the subject and purpose of
the bill or, negatively stated, where the provisions are not
inconsistent with, but in furtherance of, the single subject
matter.
down Republic Act 4790 entitled “An Act Creating the Municipality
12
Ruben E. Agpalo, Statutory Construction, Fifth Edition, pp. 15-16 (emphasis ours).
13
GR No. L-28089, October 25, 1967
Lanao del Sur. The seat of government of the municipality shall
be in Togaig.
In the case at bar, the people of Quezon Province are kept in the
dark by the title of the defective law. Technically, two provinces are
the mother province thereof. Yet, the law went out of bounds by
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14
G.R. No. L-28089, October 25, 1967
creating another entirely new province, Quezon del Norte, with new
Quezon del Norte whichever one looks at it is no longer the old and
This Honorable Court can take judicial notice that there are
“F” and “F-1” and made parts hereof. Mauban and Pagbilao are
Quezon del Norte and Quezon del Sur, seeking to amend the
15
Meralco Securities Industrial Corporation vs. Central Board of Assessment Appeals. L-
46245, May 31, 1982; 114 SCRA 267 (emphasis ours)
surreptitiously added as palliative to the soon to be decimated
property tax and all its incidents pursuant to Art SEC. 271 of the
(i) Fifty percent (50%) shall accrue to the barangay where the
property is located;
from the real property taxes collected from another distinct and
All realty taxes in Quezon del Norte perforce accrue only to the
divided with its new neighbor, Quezon del Sur. Nothing was
arrangements.
controversy.
The law does not say anything about the powers that the
exercise the province’s political power because R.A. 9495 did not
appoint any person to work with them and could therefore “not
16
Pimentel, Jr., A.Q., “The Local Government Code of 1991: The Key to National
Development,” 1993 ed., p. 45.
could possibly occur sometime between 10 May 2010 but not
Section 22, R.A. 7160) the interim appointees cannot exercise the
same because the period when the Province of Quezon del Sur
can commence its corporate existence was set “upon the election
between 10 May 2010 until 30 June 2010, and at such time, the
thus:
17
81 Phil 468.
appointees. In essence, the appointed interim officials are a
bureaucratic surplusage.
With the aforecited defects, R.A. 9495 could not stand the
But RA 9495 has a fixed timetable. The bill lapsed into law on
law was already published in Volume 104, No. 16, April 21, 2008
plebiscite should have been set on June 21, 2008, or sixty (60)
2007 or April 21, 2008 and June 21, 2008. Even if RA 9495 does
18
15 SCRA 569.
19
G.R. No. L-63915. December 29, 1986
by all indications already unreasonable given the importance we
TAÑADA.
1987:
Filing. --- (1) Every agency shall file with the University of the
Philippines Law Center three (3) certified copes of every rule
adopted by it. Rules in force on the date of effectivity of this
Code which are not filed within three (3) months from the date
shall not thereafter be the basis of any sanction against any
party or persons.
COMELEC were not yet filed with the UP Law Center much less
Art. 2. Laws shall take effect after fifteen (15) days following the
completion of their publication in the Official Gazatte, unless it is
otherwise provided. . . . (Civil Code.)
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20
G.R. No. 101279 August 6, 1992 (emphasis ours)
Art. 5. Rules and Regulations. — The Department of Labor and
other government agencies charged with the administration and
enforcement of this Code or any of its parts shall promulgate the
necessary implementing rules and regulations. Such rules and
regulations shall become effective fifteen (15) days after
announcement of their adoption in newspapers of general
circulation. (Emphasis supplied, Labor Code, as amended.)
Sec. 3. Filing. — (1) Every agency shall file with the University of
the Philippines Law Center, three (3) certified copies of every
rule adopted by it. Rules in force on the date of effectivity of this
Code which are not filed within three (3) months shall not
thereafter be the basis of any sanction against any party or
persons. (Emphasis supplied, Chapter 2, Book VII of the
Administrative Code of 1987.)
purposes.
Page29
21
429 SCRA 81, 102-103 (Emphasis supplied)
Moreover, the continuance of the Republic Act No. 9495 as a
law necessarily affect and will continue to affect the right of the
by the Honorable Court (Section 3 (a) and (b), Rule 58, Revised
this case moot as any judgment that will be rendered herein will
IMPLICATION OF DIVISION
Now that the bill cutting Quezon has finally become a law (GMA
failed to sign it within the reglamentary period), we are now
faced with the last hurdle of its implementation: the plebiscite.
Once the people blindly vote for the division, we perpetually lose
the physical, cultural, and psychological connect with the rest of
Quezon. We lose the crown jewels including the head that adorns
them.
Moreover, the proponent failed to see that the half of the IRA is
for salaries and wages of a new bureaucracy for the new
province. Assuming that one half of the P900M IRA goes to the
South, or P450M, P225M of it goes to employees’ pay. Its 20%
development fund is pegged at P90M or P45M for each district.
We lose our availments from the RPT from the crown jewels,
estimated at P1.25B annually, not to mention priority in landing a
job where employment opportunities loom in the North. Why
should we rely on the palliative Countrywide Development Fund
of the Congressmen when we know that 50% of it goes where it
shouldn’t go? Someone is looking at the multimillion peso budget
for the construction of the new South Capitol Complex housing
the new center for the newly minted province.
law.
Republic Act No. 9495 and Resolution Nos. 8533, 8534, 8535,
other person assisting them or acting for and on their behalf, from
fix to answer for any and all damages which the respondents may
entitled thereto.
Act No. 9495 and the issues involved are novel and pure
Page29
questions of law. Petitioners moves for the elevation of this case
PRAYER
Resolution No. 8535 dated November 12, 2008 entitled “IN THE
MATTER OF DEPUTIZING THE DEPARTMENT OF EDUCATION, THE
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, THE
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, THE
ARMED FORCES OF THE PHILIPPINES, AND THE PHILIPPINE
NATIONAL POLICE FOR THE PURPOSE OF ENSURING FREE,
ORDERLY, HONEST, PEACEFUL AND CREDIBLE CONDUCT OF THE
DECEMBER 13, 2008 PLEBISCITE TO RATIFY THE CREATION OF
QUEZON DEL SUR AND THE RENAMING OF THE MOTHER
PROVINCE INTO QUEZON DEL NORTE PURSUANT TO REPUBLIC
ACT NO. 9495 DATED SEPTEMBER 7, 2007.”
Republic Act No. 9495, and making final the writ of preliminary
Court en banc.
By :
CELSO O. ESCOBIDO
Roll of Attorneys No. 23974
IBP No.: 738978/01-17-2008/Quezon City
PTR No.: 9878790/01-17-2008/Quezon City
VERIFICATION / CERTIFICATION
tribunal or agency;
4. To the best of my knowledge, no similar Petition is
pending in the Supreme Court, the Court of Appeals, or different
Divisions thereof, or any other tribunal agency;
Driver’s License No. TIN ID No. _________________ Com. Tax Cert. No.
____________ Passport No. _______________ __________ issued on
SSS ID No. _________________ ___________ issued at
Company I.D.
_______________.
GSIS ID No. _________________
________________
cc:
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo St. Legaspi Village, Makati City
AFFIDAVIT OF SERVICE
I, JOMEL A. VALLES, as Liaison Officer of Escobido and Pulgar Law
Offices with office address at 2/F, Africa Building, #2041 Edison corner
Aragon Streets, San Isidro, Makati City, Metro Manila, subscribing under oath
hereby depose and state, THAT:
Nature of Pleading
PETITION
Driver’s License No. TIN ID No. _________________ Com. Tax Cert. No.
_____________ Passport No. _______________ 13774922 issued on January
SSS ID No. 33-4522830-8 4, 2008 issued at Del
Company I.D.
Gallego, Camarines Sur.
GSIS ID No. _________________
________________
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