PADILLA vs. COMELEC

PADILLA vs. COMELEC

G.R. No. 103328 - October 19, 1992

FACTS:

On November 13, 1991, the COMELEC promulgated Resolution No. 2312 pursuant to Republic Act No. 7155. Resolution No. 2313 provides: “x x x The plebiscite shall be held on December 15, 1991 in the areas or units affected, namely the barangays comprising the proposed Municipality of Tulay-Na-Lupa and the remaining areas of the mother Municipality of Labo, Camarines Norte.”

In the plebiscite held on December 15, 1991 throughout the Municipality of Labo, only 2,890 favored its creation while 3,439 voted against the creation of the Municipality of Tulay-Na-Lupa. Consequently, the day after the political exercise, the Plebiscite Board of Canvassers declared the rejection and disapproval of the independent Municipality of Tulay-Na-Lupa by a majority of votes.

Thus, in this special civil action of certiorari, petitioner as Governor of Camarines Norte, seeks to set aside the plebiscite conducted on December 15, 1991 throughout the Municipality of Labo and prays that a new plebiscite be undertaken as provided by RA 7155. It is the contention of petitioner that the plebiscite was a complete failure and that the results obtained were invalid and illegal because the plebiscite, as mandated by COMELEC Resolution No. 2312 should have been conducted only in the political unit or units affected, i.e. the 12 barangays comprising the new Municipality of Tulay-Na-Lupa namely Tulay-Na-Lupa, Lugui, San Antonio, Mabilo I, Napaod, Benit, Bayan-Bayan, Matanlang, Pag-Asa, Maot, and Calabasa. Petitioner stresses that the plebiscite should not have included the remaining area of the mother unit of the Municipality of Labo, Camarines Norte.

ISSUE:

Whether or not the plebiscite conducted is valid.

RULING:

Yes.

The Court ruled that respondent COMELC did not commit grave abuse in promulgating Resolution No. 2312 and that the plebiscite, which rejected the creation of the proposed Municipality of Tulay-Na-Lupa is valid.

It stands to reason that 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 of a portion thereof have a right to vote in said plebiscite. Evidently, 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 12 barangays of the proposed Municipality of Tulay-Na-Lupa was well as those living in the parent Municipality of Labo, Camarines Norte.