Supreme Court Petition versus RA 9495

REPUBLIC OF THE PHILIPPINES

SUPREME COURT City of Manila FRUMENCIO E. PULGAR and HOBART DEVEZA DATOR, JR., Petitioners,

SC G.R SP. No. ________  -versusFOR: CERTIORARI, PROHIBITION, AND INJUNCTION, WITH APPLICATION APPLICATION FOR TE MPORARY RESTRAINING ORDER

SECRETARY EDUARDO R. ERMITA, in his capacity as the EXECUTIVE SECRETARY, SECRETARY OF THE DEPARTMENT OF BUDGET, and the COMMISSION ON ELECTIONS, Respondents.  x-------------------------------------------------------x

PETITION PETITIONERS , by counsel, most respectfully state, THAT: I THE PARTIES

Petitioner FRUMENCIO E. PULGAR, is of legal age, married, with residence and postal address at Sitio Paang Bundok, Brgy. 5, Calauag, Quezon; whereas petitioner HOBART DEVEZA DATOR, JR., is of legal age, married, with residence and postal address at

Lucban,

Quezon.

Petitioners

ca n

be

served

with

orders,

resol resolut ution ions, s, pleadi pleadings ngs,, writs writs and other other proce processe sses s thro throug ugh h the the undersigned counsel.         1       e       g       a         P

On

the

other

hand,

respondents:

a)

HONORABLE

EXECUTIVE SECRETARY EDUARDO R. ERMITA, is being sued in

his hi s capa capaci city ty as Ex Exec ecut utiv ive e Secr Secret etar ary y an and d as impl implem emen ento torr of  Republic Act No. 9495. He may be served with writs, summons, pleadings, orders, decision and other court processes at his office at Room oom 234, 234, Mab Mabin inii Hall all, Mal Malacañ acañan ang g Palac alace e, Mani Manila la;; SECRETARY

OF

THE

DEPARTMENT

OF

BUDGET

b) AND

legall age, age, mar married ried,, with with princ rincip ipal al offi office ce MANAGEMENT, is of lega address at Department of Budget and Management, Malacañang Palace, alace, Manila; Manila; c) COMMISSION ON ELECTIONS holds office at Intr In tram amu uros, os, Man Manila, ila, where ere all of them them,, in their in ind dicat icated ed respective respective principal principal offices, may be served served with summons, writs writs and other processes of this Honorable Court. II NATURE OF THE PETITION

 This is a Petition for Certiorari under Rule 65 to declare the unco un cons nsti titu tuti tion onal alit ity y of Repub epubli lic c Act Act No. No. 9495 9495,, an and d COME COMELEC LEC Resolutions Nos. 8533, 8534, 8535, 8537, 8538 and 8539, all dated November 12, 2008;  This is also a special civil action for Prohibition to enjoin, forbid,

and

prohibit

the

above-named

respondents

from

implementing, implementing, enforcing, and effecting Republic Republic Act No. 9495 and the questioned COMELEC Resolutions, particularly:         6       e       g       a         P

the

i.

respondent

processing

the

Executive appointment

Secretary of

the

from interim

gove goverrnor, or, vice vice gove goverrnor an and d mem member bers of the Sangunia Sanguniang ng

Panglal Panglalawi awigan  gan  of

the

de

facto 

Quezon del Sur; and the the Secr Secret etar ary y of Budg Budget et from from disb disbur ursi sing ng publ public ic

ii.

monies necessary for: a. the conduc conductt of the plebiscite plebiscite;; b.

disb isbur ursi sing ng

the

sala salarries, ies,

allo allow wan anc ces

and an d

othe otherr

emoluments of the interim local government officials of the de facto Quezon del Sur; and the iii

Commission

on

Elections

from

initiating

and

conducting the plebiscite pursuant to Section 49 of  R.A. 9495. Lastly Lastly,, the the provi provisio sional nal remed remedy y of  PRELIMINARY PRELIMINARY INJUNCTION INJUNCTION and/ and/or or

TEMP TEMPOR ORAR ARY Y

REST RESTRA RAIN ININ ING G

ORDE ORDER R

is respe respectf ctfull ully y

appl applie ied d for unde nder the the same ame ten tenor of the the prayer ayer for Writ of  Prohibition. III STATEMENT OF FACTS

On 6 February 1901, the Philippine Commission enacted Act

Provincial Governme Government nt Act . It No. 83, otherwise known as the Provincial sought sought to prese present nt a templa template te of provi provinc ncial ial admini administr strati ation on and         6       e       g       a         P

granted these entities with corporate powers 1. Thereafter, on 12 March 1901, by virtue of Act No. 103, the provision of Act No. 83 was extended to the Province of Tayabas. On 1 Ju July ly 1916 1916,, the the Phil Philip ippi pine ne Comm Commis issi sion on en enac acte ted d the the Administrative Code, which expressly repealed Act Nos. 83 and 103, among other laws. The Revised Administrative Code of 1917 (Act No. 2711) recognized Tayabas as one of then 42 provinces of  the Philippine Islands (under Section 37). On 7 September 1946, the Province of Tayabas was renamed as Quezon Province through Republic Act No. 14. Later, the subprovi province nce of Aurora Aurora was creat created ed thro throug ugh h Republi epublic c Act Act No. No. 648 (1951) until it was separated from the province by the enactment of Batas Pambansa No. 7 (1979). In the the mean meanti time me,, Repub epubli lic c Act No. No. 1205 1205 was was en enac acte ted d in 1955, converting all specially organized provinces into regularly organized provinces. On 1 January 1992, the Local Government Code of 1991 took effect, among the pertinent effects thereof was an implied repeal of “[a]ll “[a]ll gener general al and specia speciall laws, laws, acts, acts, city city charte charters, rs, decre decrees, es, executive executive orders, proclamations and administrative regulations, or part part or part parts s ther thereo eoff whic which h are are inco incons nsis iste tent nt with with an any y of the the provisions of this Code… 2” 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 prop propert erty y real real or pers person onal al,, to mak make cont contra ract cts s for for labo laborr and and mate materi rial al need needed ed in the the construction of duly authorized public works and to incur any such other obligations as are expressly authorized by law. law. Section 534 (f), R.A. No. 7160. 1

2

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Relevant to the instant case is the passage of  Republic Act No. 9495, “An Act Creating the Province of Quezon del Sur,” 

which lapsed into law on 7 September 2007. It was published in the Official Gazette in Volume 104, No. 16, on April 21, 2008. Republic Act No. 9495 originated from House Bill 2862 (later H.B. H.B. 5970 5970)) an and d was was au auth thor ored ed prin princi cipa pall lly y by Repre eprese sent ntat ativ ives es Lorenzo Tañada III and Danilo Suarez of the 3rd and 4th Congressional Districts of Quezon Province. It was referred to the Committee on Local Government, which met on 15 February February 2006 and approved the passage of the bill for second reading of the plenary session. On 7 December 2006, H.B. 5970, through an omnibus motion to approve all other local bills, passed the second reading without debate 3. On 20 December 2006, H.B. 5970 was approved by the House for third reading 4. It passed the Senate on 7 June 2007. Implem Implement enting ing RA 9495, 9495, resp respond ondent ent COMELE COMELEC C issued issued the following

Resolutions

(please

go

to

http://comelec.wordpr http://comelec.wordpress.com/category/p ess.com/category/plebiscite/): lebiscite/): Resolution No. 8533 dated November 12, 2008 entitled “ RULES

AND REGULATIO TIONS GOVERNIN NING THE CONDU NDUCT OF THE PLEBISC PLEBISCITE ITE TO RATIF RATIFY Y THE CREA CREATION TION OF QUEZON QUEZON DEL SUR, SUR, PURSUANT TO REPUBLIC ACT NO. 9495 DATED SEPTEMBER 07, 2007, WHICH SHALL BE COMPOSED OF THE MUNICIPALITIES OF:   AGD AGDAN ANGA GAN, N, BUEN BUENA AVIST VISTA, A, CAT CATANAU ANAUAN AN,, GENE GENERA RALL LUNA LUNA,, MACALELON, MULANAY, PADRE BURGOS, PITOGO, SAN ANDRES, SAN FRANCISCO FRANCISCO,, SAN NARCISO NARCISO,, UNISAN, UNISAN, ALABAT ALABAT, ATIMONAN, TIMONAN, CALAUA CALAUAG, G, GUINY GUINYANG ANGAN, AN, GUMACA GUMACA,, LO LOPEZ PEZ,, PEREZ, PEREZ, PLARID PLARIDEL, EL, QUEZ QUEZON ON AND AND TAGKA AGKAW WAY AYAN AN;; AND AND TH THE E REMA REMAIN ININ ING G OF TH THE E MOTHER PROVINCE OF QUEZON TO KNOWN AS QUEZON DEL 3

Uncatalogued transcript of the Journal of the House of Representatives, Representatives, 12/07/06, page 240. Uncatalogued transcript of the Journal of the House of Representatives, Representatives, 12/20/06, page 109. 4

        6       e       g       a         P

NORTE, WHICH SHALL BE COMPOSED OF THE MUNICIPALITIES OF  BURD BURDEO EOS, S, GENER ENERAL AL NAKA NAKAR, R, INF INFANT ANTA, JOMA JOMALI LIG, G, LUCB LUCBAN AN,, MAUBAN MAUBAN,, PAGBILA AGBILAO O, PANUKU ANUKULAN LAN,, PATNANUN TNANUNGAN GAN,, POLILI POLILIO O, REAL REAL,, SAMP SAMPAL ALOC OC,, CAND CANDEL ELAR ARIA IA,, DOL DOLORES ORES,, SAN SAN ANTO ANTONI NIO O, SARIAYA, TIAONG AND THE CITIES OF LUCENA AND TAYABAS, TO BE CONDUCTED ON DECEMBER 13, 2008.” xxxxx Resolu soluti tio on

xxxxx

dated d No. 8534 8534 date

xxxxx

Nove Novemb mber er 12, 12, 2008 2008 en enti titl tled ed

“CALENDAR OF ACTIVITIES AND PERIODS OF PROHIBITED ACTS

IN CONNECTION WITH THE DECEMBER 13, 2008 PLEBISCITE TO RATIFY 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 07, 2007.” xxxxx

xxxxx

xxxxx

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   ARM ARMED ED FORC FORCES ES OF TH THE E PH PHIL ILIP IPPI PINE NES, S, AND AND TH THE E PH PHIL ILIP IPPI PINE NE NATI NATION ONAL AL PO POLI LICE CE FOR FOR TH THE E PURP PURPOS OSE E OF ENSU ENSURI RING NG FREE 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 MOT MOTHER PROVINCE INTO QUEZON DEL NORTE PURSUANT TO REPUBLIC  ACT NO. 9495 DATED SEPTEMBER 7, 2007. ” xxxxx

xxxxx

xxxxx

Resolution No. 8537 dated November 12, 2008 entitled “ RULES

AND REGULATIONS ON : (A) BEARING, CARRYING OR TRANSP TRANSPORT ORTING ING FIREAR FIREARMS MS OR OTH OTHER ER DEADL DEADLY Y WEAPONS WEAPONS;; (B) SECURITY PERSONNEL OR BODYGUARDS; (C) BEARING ARMS BY    ANY ANY MEMB MEMBER ER OF SECU SECURI RITY TY OR PO POLI LICE CE ORGA ORGANI NIZA ZATI TION ON OF  GOVERNMENT GOVERNMENT AGENCIES AGENCIES AND OTHER SIMILAR ORGANIZA ORGANIZATION TION (D) ORGANI ORGANIZA ZATIO TION N OR MAINTE MAINTENAN NANCE CE OF REACTIO REACTION N FORCES FORCES DURI DURING NG TH THE E PLEBI PLEBISC SCIT ITE E PERI PERIOD OD IN CO CONN NNEC ECTIO TION N WITH WITH TH THE E DECEMBER 13, 2008 PLEBISCITE TO RATIFY THE CREATION OF  QUEZON DEL SUR AND THE RENAMING OF THE MOT MOTHER PROVINCE INTO QUEZON DEL NORTE PURSUANT TO REPUBLIC  ACT NO. 9495 DATED SEPTEMBER 7, 2007. ” xxxxx

xxxxx

xxxxx

Resolution No. 8538 dated November 12, 2008 entitled “ RULES

ON THE LIQUOR BAN IN CONNECTION WITH THE DECEMBER 13, 2008 PLEBISCITE TO RATIFY THE CREATION OF QUEZON DEL SUR  AND THE RENAMING OF THE MOTHER PROVINCE INTO QUEZON DEL DEL NO NORT RTE E PURS PURSUA UANT NT TO REPU REPUBL BLIC IC ACT ACT NO NO.. 9495 9495 DATED DATED SEPTEMBER 7, 2007.” xxxxx

xxxxx

xxxxx

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Resolu soluti tio on

dated d No. 8539 8539 date

Nove Novemb mber er 12, 12, 2008 2008 en enti titl tled ed

“ AUTHORITY OF THE COMMISSION ON ELECTIONS TO APPOINT,

FILL-UP FILL-UP POSITIONS AND TRANSFER OR REASSIGN ITS PERSONNEL IN CONNECTION WITH THE DECEMBER 13, 2008 PLEBISCITE TO RATIFY RATIFY THE CREATION OF QUEZON DEL SUR AND THE RENAMING OF THE MOTHER PROVINCE INTO QUEZON DEL NORTE PURSUANT TO REPUBLIC ACT NO. 9495.” IV GROUNDS FOR THE PETITION

R.A. 9495 IS CONSTITUTIONALLY INFIRM BECAUSE NO SUFF SUFFICI ICIENT ENT STAN STANDAR DARD D WAS WAS LAID LAID DOWN DOWN FOR THE POWERS THAT THE INTERIM APPOINTEES MAY EXERCISE. R.A. 9495 IS CONSTITUTIONALLY INFIRM BECAUSE OF ITS FAILURE TO COMPLY WITH THE PROVISIONS OF THE IMPLEMENTING RULES AND REGULATIONS OF R.A. 7160. R.A. 9495 IS VIOLATIVE OF THE CONSTITUTIONAL  PRECEPT THAT NO MORE THAN ONE (1) SUBJECT SHALL EMBRACE A STATUTE: A. THE LAW LAW CRE CREATES ANO ANOTHER LOC LOCAL  GOVERNMENT UNIT OTHER THAN QUEZON DEL  SUR; B. THE LAW RENAMES PROVINCE AS QUEZON DEL NORTE;

QUEZON

C.

R.A R.A. 94 9495 DE DEVIS VISES AN AN EX EXCEP CEPTION TO THE REQUIREMENT OF SITUS IN THE ASSESSMENT, EXACTION, AND COLLECTION OF REAL PROPERTY TAXES AND THEREFORE NOT GERMANE TO THE INTENDMENT OF THE STATUTE; THE PLEBISCITE CAN NO LONGER BE CONDUCTED  ON DECEMBER 13, 2008 AS THE PERIOD FIXED BY  THE SAID LAW HAS LAPSED;  RESPONDENT COMELEC’S QUESTIONED   RSOLUTIONS ISSUED ON NOVEMBER 12, 2008 CAN  NOT NOT BE ENFO ENFORC RCED ED FOR FOR LACK LACK OF PUBL PUBLIC ICAT ATIO ION  N  THRU THE UP LAW CENTER.

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V DISCUSSION Requisites of Judicial Inquiry Are Present In the Case at Bar. -------------------------------------------------

In Duml the Hono Honora rabl ble e Dumlao ao v. Co Comm mmis issi sion on on Elec Electi tion onss 5, the

Supreme Court ruled that no constitutional question will be heard unless there is compliance with what are known as requisites of a  judicial inquiry. These requisites are the following: a. There must be an actual case or controversy; controversy; b.

The question question of const constitut itutional ionality ity must be raised raised by the

proper party; c.

The constitutional question must be raised at the earliest

possible opportunity; and d.

The decisi decision on on the the cons constit titut ution ional al questi question on must must be be

necessary to the determination of the case itself. It is submitted that the above requisites requisites are applicable in the case at bar. There must be an Actual Case or Controversy. -------------------------------------------------

An actual case or controversy involves a conflict of legal right, an opposite opposite legal claims susceptible susceptible of judicial resolution. resolution. It is “definite and concrete, touching the legal relations of parties

5

95 SCRA 392, 401-404 [1980]. Also in David v. Macapagal-Arroyo, [Supreme Court] G.R. Nos. Nos. 1713 171396 96,, 1714 171400 00,, 1714 171409 09,, 1714 171424 24,, 1714 171483 83,, 1714 171485 85,, and and 1714 171489 89,, 5/3/ 5/3/06 06,, page 21

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having adverse legal interest interest 6;” a real and substantial controversy admitting of specific relief. In the case at bar, the petitioners are seeking to restrain: restrain: a.

the illegal disbursement of funds that would result in the appointment of interim officers;

b.

the il illegal di disbursement of fu funds to to ex execute a defective law; and

c.

the illegal disbursement of funds to conduct a plebiscite on December 13, 2008 in view of  the the laps lapse e of time time pro provide vided d by law law fo for r its its execution.

The Question of Constitutionality must be raised by the Proper Party. -------------------------------------------------

“Locus standi”  is defined as “a right of appearance in a court of justice on a given question 7.” In private suits, standing is gover governed ned by the “realreal-par partie ties-i s-in n inter interest est” ” ru rule le as contai contained ned in Secti ection on 2, Rule 3 of the 1997 997 Rules les of Civi Civill Proce ocedur dure, as amended. It provides that “every action must be prosecuted or defended in in the name of the real real party in interest.” interest.” Accordingly, Accordingly, the the “realeal-pa part rty y-in -in in inte terrest” est” is “the “the part party y who who stan stands ds to be bene benefi fite ted d or inju injurred by the the judg judgme ment nt in the the suit suit or the the part party y 6

Cruz, Isagani A., “Philippine Political Political Law” 1993 e d., p. 238. Cited in David, v. MacapagalArroyo, page 22. Black’s Law Dictionary, 6 th ed., 1991, p.94, cited in David v. Macapagal-Arroyo, Macapagal-Arroyo, supra, page 24. 7

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entitled to the avails of the suit 8.” Succinctly put, the petitioner’s standing is based on his own right to the relief sought. In the instant case, the petitioners are real-parties-in-interest real-parties-in-interest as they they are are resid resident ents s of Qu Quezo ezon n Provi Province nce and are are regis register tered ed vote voters rs ther thereo eof, f, wher where e they they own own real real prop proper erti ties es an and d pay pay the the cor correspo espond ndin ing g real eal prop proper erty ty tax taxes. es.

Petit etitio ione nerr Pulg Pulgar ar is a

registered voter of Calauag, Quezon and exercises his right to vote therein, copy of a Certification from the Calauag, Quezon Commission on Elections is hereto attached as ANNEX “A” and made part hereof. hereof. Petitioner Petitioner Dator, Jr. Jr. is likewise likewise a real property property owne ownerr in Lucba ucban, n, Qu Quez ezon on,, copy copy of the the Cert Certif ific icat atio ion n from from the the Lucban, Quezon Assessor’s Office is hereto attached as ANNEX “B” and his Voter Certification as ANNEX “C” made parts hereof.

In fine, petitioners are suing as taxpaye ayers of and as registered voters in the Province of Quezon. The Constitutional Question must  be raised at the Earliest Possible Opportunity. -------------------------------------------------

It is not the date of filing of the petition that determines whet whethe herr the the cons consti titu tuti tion onal al issu issue e was was rais raised ed at the the earl earlie iest st opportunity. opportunity. The earliest opportunity to raise a constitutional issue is to raise it in the pleadings before a competent court that can resolve the same, such that, “if it is not raised in the pleadings, it Salonga v. Warner Barnes Co., 88 Phil 125, also cited in David v. Macapagal-Arroyo, supra, page 25. 8

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cannot be considered at trial, and, if not considered at the trial, it cannot be considered on appeal 9.” The The peti petiti tion oner er is cons constr trai aine ned d to rais raise e the the issu issue e of the the constitutionality of RA 9495 before this Honorable Court because there is no plain, adequate nor speedy remedy available to them other than the filing of this case. R.A. 9495 IS CONSTITUTIONALLY INFIRM BECAUSE NO SUFFICIENT STANDARD WAS LAID DOWN FOR THE POWERS THAT THE INTERIM APPOINTEES MAY EXERCISE. -------------------------------------------------

As previou viousl sly y stat tated, ed, R.A. 949 9495 lap lapsed sed in intto law on 7 September 2007. In accordance with Section 58 thereof, the law is to become effective upon its actual publication in a newspapers of gene general ral circul circulati ation. on.

This This was was not not done. done.

As pro provid vided ed in in its its

Section 49, a plebiscite was scheduled within 60 days from the effectivity of the law.  Thereafter, pursuant to the second paragraph of Section 52 (a), the President shall appoint interim officials to their positions as interim governor, vice governor and interim members of the Sanggu Sanggunian niang g

Panlala Panlalawig wigan  an .

Here

lies

the

crux

of

the

controversy. What powers can the interim appointees exercise? Section 52 (a), R.A. 9495 provides:

9

Matibag v. Benipayo, 380 SCRA 49, 65, citing People v. Vera 65 Phil 56.

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“xxx The President of the Philippines shall appoint in the  province herein created an interim governor, vice-governor and members of the sangguiniang panlalawigan who shall serve only  until a new set of provincial officials have been elected and qualified.” 

 The law does not say anything about the powers that the interim appointees can exercise. Neither would the application of  the the prov provis isio ions ns of R.A. .A. 7160 7160 prov prove e adeq adequa uate te to supp supply ly such such powers, as would be discussed below.   The The Local ocal Gove Goverrnmen nmentt Code Code prov provid ides es for for poli politi tica call an and d corporate powers of a local government unit (LGU) (Section 15, R.A. 7160). This “dual personality” means that as political units of  government, the LGUs have governmental powers as agents of  the national government. As corporate units, they have powers which are proprietary, not necessari necessarily ly governme governmental ntal,, but which which they may perform for the benefit of their constitutencies 10. It is submitted that the respondents could not exercise any of thes these e afor aforec ecit ited ed power owers. s. The The in inte teri rim m appo appoin inte tees es cann cannot ot exercise the province’s political power because R.A. 9495 did not expressly give them such powers. Neither could these appointees appoint any person to work with them and could therefore “not act on anything or transact any business.” This is so since the organization of the provincial government of Quezon del Sur can only be filled “within sixty (60) days after the commencement of  the the corp corpor orat ate e ex exis iste tenc nce e of the the prov provin ince ce…” …” (Sec (Secti tion on 53). 53). This This

Pimentel, Jr., Jr., A.Q., “The Local Government Code of 1991: The Key to National Development,” 1993 ed., p. 45.

10

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could possibly occur sometime between 10 May 2010 but not later than 30 August 2010. With respect to its corporate powers (Section 4, R.A. 9495/ Section 22, R.A. 7160) the interim appointees cannot exercise exercise the same because the period when the Province of Quezon del Sur can commence its corporate existence was set “upon the election and qualification of the governor, vice governor and the majority of the members of the sangguniang panlalawigan.” (Section 52, R.A. .A. 9495 9495/S /Sec ecti tion on 14, 14, R.A. .A. 7160 7160). ). This This coul could d occu occurr some someti time me between 10 May 2010 until 30 June 2010, and at such time, the term of interim appointees ends. In Mejia, et al., v. Balolong, et al 11., the Supreme Supreme Court ruled, thus: “…But as a city is a public corporation or a juridical entity, and as such can not operate or transact business by itself but  thro throug ugh h its agen agents ts or offi officcers, ers, it was was nec necessa essary ry that that the the government of the city be organized, that is, that the officials thereof be appointed or elected in order that it may act or  transact business as such public corporation corp oration or entity.”  Any doubt as to the nature of the powers that the interim appointees may exercise is negated by the express powers that the

law

grants

to

the

Ad-hoc

Committee

composed

of 

incu incumb mben entt offi offici cial als s and and repr repres esen enta tati tive ves s of the the Prov Provin ince ce of  Quezon (Section 50, R.A. 9495). As matter cannot exist in the

same space and time, neither could the exercise of delegated powers

11

exist

81 Phil 468.

in

the

Ad-hoc

Committee

and

the

interim         6       e       g       a         P

appo appoin inte tees es.. In esse essenc nce, e, the the appo appoin inte ted d inte interi rim m offi offici cial als s are are a bureaucratic bureaucratic surplusage. With the aforecited defects, R.A. 9495 could not stand the tests of delegation of powers as enunciated in the seminal case of 

Pelaez v. Auditor General 12 R.A. 9495 IS CONSTITUTIONALLY INFIRM BECAUSE OF ITS FAILURE TO COMPLY WITH THE PROVISIONS OF THE IMPLEMENTING RULES AND REGULATIONS OF R.A. 7160. -------------------------------------------------

Section 6 of R.A. 7160 provides that; “Section 6. Authority to Create Local Government Units. A loca locall gove govern rnme ment nt unit unit may may be crea create ted, d, divi divide ded, d, merg merged ed,, abolished, or its boundaries substantiall altered either by law enacted by Congress in the case of a province, city, municipality, or any other political political subdivision, subdivision, ..... subject subject to such limitations limitations and requirements prescribed in this Code.” 

The

limitations

and

requirements

are

found

in

the

Implementing Rules and Regulations (hereinafter, IRR). Section 533 of the same law directed the formulation of the IRR. Article 9 (b) of the IRR provides, to wit: “Article 9. Provinces. (a) xxx 

(b)Procedure for creation. –  (1)

12

Petitio Petition n – Interes Interested ted munici municipali palitie tiess or compon component ent cities cities shall submit the petition in the form of a resolution, of their  respective sanggunians requesting the creation of a new  province to the Congress, and furnish copies thereof to the sangg sanggun unia iang ng panla panlala lawi wiga gan n of the the ori origi gina nall provi provinc nce e or   provinces.

15 SCRA 569.

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(2)

Comments on petition – The sangguiang panlalawigan of  the original province province or provinces provinces shall submit to the  Congres Congress s its commen comments ts and recomm recommend endati ations ons on the    peti petiti tion on for the the crea creati tion on of the the propo propose sed d prov provin ince ce.”  .” 

(Emphasis supplied)

A peru perusa sall of the the Comm Commit itte tee e on Local ocal Gove Govern rnme ment nt publ public ic hear he arin ing g cond conduc ucte ted d on 15 Febru ebruar ary y 2006 2006 woul would d show show seri seriou ous s defects in the compliance of its proponents with the mandatory requirements of the law. Attached as ANNEX “D” is a copy of the transcript of the public hearing conducted by the Committee on Local Government. Mention was made by the sponsor of the bill, Rep. Lorenzo  Tañada III of their compliance with the statutory requisites for the creation of a LGU13. However, the Committee displayed a cavalier atti attitu tude de towa toward rds s the the comp compli lian ance ce of the the prop propon onen ents ts with with the the mandatory requirement requirement of the IRR on the resolutions of interested municipalities and the Sangguniang Panlalawigan of Quezon, to wit: “REP. EDUARDO V. ROQUERO, M.D. Mr. Chairman. THE PRESIDING OFFICER. The Honorable Roquero REP. ROQUERO. Thank you. Maari din po ba nating malaman kung ano po ang pleasure o stand ng provincial board, the governor? REP. REP. T TAÑADA. AÑADA. Yeah, Mr. 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 Provincial Board , so it is hard for me to speculate on how the 13

a. 2000 Census – 746,883 746,883 for “Quezon del Sur” and 736,072 for “Quezon del Norte.” Minimum is 250,000. b. Department of Finance Finance 2002-2003 reported reported earnings of “Quezon “Quezon del Sur” as 198.3 Million and “Quezon del Norte” – 276.1 Million. Minimum is 20 Million per 1991 constant price. c. Land Area - “Quezon “Quezon del Sur” 4,033 sq.km. and 4,892 4,892 sq. km. for “Quezon del Norte.” Minimum is 2,000 sq.km. Source: Transcript Transcript of the public hearing of the Committee on Local Government, 2/25/06, p. 4

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Provincial Board will vote on the matter but there is a resolution that  was filed. REP. VIRADOR. Just a follow-up on that, Mr. Chairman. THE PRESIDING OFFICER. The Honorable Virador. REP. REP. VIRADOR. VIRADOR. I noticed noticed that the Governor is not mentioned mentioned in this resolution. What is really his stand on this proposal Mr. Chairman? REP REP. TAÑAD AÑADA. A. Agai Again, n, Mr. Mr. Chai Chairm rman an,, this this woul would d be mere mere speculation on my part, but when this bill has been filed (sic) as early  as the 11th Congress, this was sponsored then by my father, the former  Senator Bobby Tañada,and Congressman Raffy Nantes. It passed the House in the 11th Congress but due to the impeachment case of then President Erap Estrada in 2001, it was not tackled in the Senate. The position of Governor Enverga the (sic) time was to let the    peo peopl ple e dec decide ide. So I am not sure ure if the Gove Govern rnor or woul would d still  till  th maintai maintain n the same same positi position on today  today . In the 12 Congress, this bill

crea creatting ing the the Prov Proviince nce of Quezo uezon n del del Sur Sur was, was, agai again, n, file filed d 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. x xx

xxx

xx x  

REP. VIRADOR. Mr. Chairman, while I recognize that the approval of the governor or other members of the sangguiniang panlalawigan is not  necessary for the creation of a new province, I just want to mani manife fest st that that,, mayb maybe, e, I can can inte interp rpre rett this this that that this this is also also the the sentiment of other governors that they don’t want that their allocation, their IRA will be divided. I hope that is not the reason. But at any rate, Mr. Chairman, I do support this bill for the betterment of the lives of  the people from Quezon. REP. TAÑADA. Mr. Chairman. THE PRESIDING OFFICER. Okay. The Honorable Tañada. REP. TAÑADA. Yeah, just to clarify what Congressman Virador  not stat stated ed in Repu Republ blic ic Act Act 7160 7160 or the the Loca Local  l  mentioned. It is not Gove Govern rnme ment nt Code Code that that the the appr approv oval al of the the gove govern rnor or or the  sang sanggu guni nian ang g panla panlala lawi wiga gan n is a cond condit itio ion n prece precede dent nt for for this  this  Committee to tackle House Bill 2861 ….”  (Emphasis supplied)

As can be culled from this discussion, the proponent of the bill did not possess any resolution from the sangguniang bayan  sangguniang panlalawigan  panlalawigan  of the and sangguniang the aff affecte cted LGU LGUs; the Sanguniang Panlalawigan of Quezon was not given a chance to

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officially file its comments and recommendation on the petition; and the prevailing view of the committee was that it was not necessary to obtain these matters as a condition precedent for the passage passage of the bill into law. law. Please Please refer to the Certific Certification ation dated April 11, 2008 executed by

the Secretary

of the

Sanggu Sanggunia niang ng Panlala anlalawig wigan an of Qu Quezo ezon n attest attesting ing the absenc absence e of  any affirmative resolution endorsing for approval the proposed bill on the division of Quezon as ANNEX “E” hereof.   The The cons consti titu tuti tion onal al ques questi tion on is: is: can can Cong Congrress ess igno ignore re the the provision of the IRR in the creation of a LGU? R.A. 9495 EMBRACES MULTIPLE SUBJECTS. -------------------------------------------------

  The The subj subjec ectt law law is viol violat ativ ive e of the the gene genera rall prin princi cipl ple e that that every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof. xxxxx

xxxxx

xxxxx

1.15. Title of statute. The The Consti Constitut tution ion provi provides des that that “every “every bill bill passed passed by Cong Congre ress ss shal shalll embr embrac ace e only only one one subj subjec ectt whic which h shal shalll be expressed in the title thereof.” This provision is mandatory, and a law enacted in violation thereof is unconstitutional . The

cons consti titu tuti tion onal al prov provis isio ion n cont contai ains ns dual dual limi limita tati tion ons s upon upon the the legislature. First , the legislature is to refrain from conglomerat conglomeration, ion, under one statue, statue, of heteroge heterogeneous neous subjects. Second, the title of the Bill is to be couched in a language suff suffic icie ient nt to noti notify fy the the legi legisl slat ators ors an and d the the publ public ic an and d thos those e concerned of the import of the single subject thereof. 1.16. Purposes of Requirement. Requirement.

  The The princi principal pal purpose purpose of the consti constitut tution ional al requi require remen mentt that every bill shall embrace only one subject which shall be expressed in its title is to apprise the legislators of the object,

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nature and scope of the provisions of the bill, and to prevent the enac en actm tmen entt into into law law of matt matter ers s whic which h ha have ve not not rece receiv ived ed the the noti notice ce,, acti action on an and d stud study y of the legi legisl slat ator ors. s. It is to prohib prohibit it dupl duplic icit ity y in legi legisl slat atio ion, n, the the titl title e of whic which h comp comple lete tely ly fail fails s to apprise the legislators or the public of the nature, scope and consequenc consequences es of the law or its provisi provisions. ons. In other words, words, the aims aims of the consti constitut tution ional al requi require remen mentt are: are: “First , to prev preven entt hodgepodge or log-rolling legislation; second, to prevent surprise or fraud upon the legislature, by means of provisions in bills of  which the title gave no information, and which might therefore be overlooked and carelessly and unintentionally adopted; and third, to fairly apprise the people, through such publication of  legislative proceedings as is usually made, of the subjects of the legislation that are being heard thereon, by petition or otherwise, if they shall so desire. A fourth purpos purpose e may be added. added. The title title of a statue statue is used used as a guide guide in ascert ascertain aining ing legisl legislati ative ve inten intentt when when the language of the act does not clearly clearly express its its purpose. The title may clarify doubt or ambiguity in the meaning and scope of a stat statue ue,, and and limi limiti ting ng a stat statue ue to only only one one subj subjec ectt and and expres expressin sing g it in its title title will will stren strength gthen en its functi function on as an 14 intrinsic aid to statutory construction.

In the the subj subjec ectt law, law, an anot othe herr prov provin ince ce is bein being g crea create ted, d, Quezon Del Norte, which is an entirely new province, carved out from the Province of Quezon.   The creation of Province of Quezon as shown elsewhere is embod mbodiied in Repu epublic lic Act No. No. 14 which was was app approve oved on September 7, 1946. What What Repub epubli lic c Act Act 9495 9495 seek seeks s to acco accomp mpli lish sh,, amon among g its its many many subject subjects, s,

is to rename rename Quezo Quezon n Provin Province ce as Quezon Quezon del

Norte which is totally not germane to the purpose of the law. xxxxx

xxxxx

xxxxx

1.23. Purview of statute.

  The purview or body of a statue is that part which tells what the law is all about. about. The body of a statue statue should should embrace embrace only only one subjec subjectt matter matter.. The constitut constitutional ional requireme requirement nt that that a bill bill shou should ld have have only only one one subj subjec ectt matt matter er whic which h should be expressed in its title is complied with where the provisions thereof, no matter how diverse that may 14

Ruben E. Agpalo, Statutory Construction, Fifth Fifth Edition, pp. 11-12 (Emphasis ours)

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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.

 The legislative practice in writing a statue is to divide an act into sections, each of which is numbered and contains a sing single le prop propos osit itio ion. n. A comp comple lex x an and d comp compre rehe hens nsiv ive e piec piece e of  legisl legislati ation on usuall usually y contai contains, ns, in this this sequen sequence, ce, a short short title, title, a policy section, definition section, administrative section, sections prescribing standards of conduct, section imposing sanctions for viol violat atio ion n of its its provi provisi sion ons, s, tran transi sito tory ry prov provis isio ion, n, separ separab abil ilit ity y 15 clause, repealing clause, and effectivity clause.

  This case is on all fours with the case of  Baralidasan vs. where e this this Honora Honorable ble Court Court struc struck k Commission on Elections16, wher down Republic Act 4790 entitled “An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur” as unconstitutional.  This Honorable Court ruled as follows:   The The ques questi tion on init initia iall lly y pres presen ente ted d to the the Comm Commis issi sion on on Elections,1 is this: Is Republic Act 4790, which is entitled "An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur", but which includes barrios located in another province — Cotabato — to be spared fro from attack planted upon the constitutional mandate that "No bill which may be enacted into law law shal shalll embra mbrac ce mor more tha han n one one subj subjec ectt which hich sha hall ll be expressed in the title of the bill"? Comelec's answer is in the affirmative. Offshoot is the present original petition for certiorari and prohibition. On June June 18, 18, 1966 1966,, the the Ch Chie ieff Ex Exec ecut utiv ive e sign signed ed into into law law House Bill 1247, known as Republic Act 4790, now in dispute.  The body of the statute, reproduced in haec verba , reads: Sec. Sec. 1. Barr Barrio ios s Togai ogaig, g, Mada Madalu lum, m, Bayan Bayanga ga,, Lang Langko kong ng,, Sarak Sarakan an,, KatKat-bo bo,, Diga Digaka kapa pan, n, Magab Magabo, o, Taban abanga gao, o, Tiong iongk ko, Colo Coloda dan, n, Kaba Kabama maka kawa wan, n, Kapa Kapata taga gan, n, Bong Bongab abon ong, g, Aipa Aipang ng,, Dagowan, Bakikis, Bungabung, Losain, Matimos and Magolatung, in the Municipalities of Butig and Balabagan, Province of Lanao del Sur, are separated from said municipalities and constituted into into a dist distin inct ct an and d inde indepe pend nden entt muni munici cipa pali lity ty of the the same same province to be known as the Municipality of Dianaton, Province of  Lanao del Sur. The seat of government of the municipality shall be in Togaig. Sec. 2. The first mayor, vice-mayor and councilors of the new municipality shall be elected in the nineteen hundred sixtyseven general elections for local officials. 15 16

Ruben E. Agpalo, Statutory Construction, Fifth Fifth Edition, pp. 15-16 (emphasis ours). GR No. L-28089, October 25, 1967

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Sec. 3. This Act shall take effect upon its approval. It came to light later that barrios Togaig and Madalum just mentio mentioned ned are within within the municip municipali ality ty of Buldon Buldon,, Provi Province nce of  Cota Cotaba bato to,, an and d that that Baya Bayang nga, a, Lang Langk kong, ong, Sara Saraka kan, n, KatKat-bo bo,, Dig Digakapan, Magabo, Tabangao, Tiongko, Colodan and Kabamakawan are parts and parcel of another municipality, the municipality of Parang, also in the Province of Cotabato and not of Lanao del Sur. Prompted by the coming elections, Comelec adopted its resolution of August 15, 1967, the pertinent portions of which are: For purposes of establishment of precincts, registration of  vote voters rs an and d for for othe otherr elect lectiion purp purpos oses es,, the the Comm Commis issi sion on RESOLVED that pursuant to RA 4790, the new municipality of  Dianaton, Lanao del Sur shall comprise the barrios of Kapatagan, Bong Bongabo abong ng,, Aipa Aipang ng,, Dagow Dagowan an,, Baki Bakiki kis, s, Bung Bungab abun ung, g, Losa Losain in,, Mati Matimo mos, s, an and d Mago Magola latu tung ng situ situat ated ed in the the muni munici cipa pali lity ty of  Balabagan, Lanao del Sur, the barrios of Togaig and Madalum situated in the municipality of Buldon, Cotabato, the barrios of  Baya Bayang nga, a, Lang Langko kong ng,, Sara Saraka kan, n, KatKat-bo, bo, Diga Digaka kapan pan,, Maga Magabo, bo,  Tabangao, Tiongko, Colodan and Kabamakawan situated in the municipality of Parang, also of Cotabato. Doubtless, as the statute stands, twelve barrios — in two municipalities in the province of Cotabato — are transferred to the province of Lanao del Sur. Sur. This brought about a change in the boundaries of the two provinces. Apprised of this development, on September 7, 1967, the Offi Office ce of the the Presid esiden ent, t, thr through ough the the Assis ssista tant nt Ex Exec ecut utiv ive e Secretary, recommended to Comelec that the operation of the statute be suspended until "clarified by correcting legislation." Comelec, by resolution of September 20, 1967, stood by its own own inte interp rprretat etatio ion, n, decl declar ared ed that that the the stat statut ute e "sho "shoul uld d be implemented unless declared unconstitutional by the Supreme Court."  This triggered the present original action for certiorari and proh prohib ibit itio ion n by Bara Bara Lida Lidasa san, n, a resi reside dent nt and taxp taxpay ayer er of the the detached portion of Parang, Cotabato, and a qualified voter for the 1967 elections. He prays that Republic Act 4790 be declared unconstitutional; and that Comelec's resolutions of August 15, 1967 1967 an and d Sept Septem embe berr 20, 20, 1967 1967 impl implem emen enti ting ng the the same same for electoral purposes, be nullified. 1. Petitio etitioner ner relie relies s upon upon the consti constitut tution ional al requir requireme ement nt aforestated, that "[n]o bill which may be enacted into law shall embrace embrace more than one subject subject which shall be expressed expressed in the title of the bill."2         6       e       g       a         P

It may may be well well to stat state, e, righ rightt at the the outs outset et,, that that the the constitutional provision contains dual limitations upon legislative power. First. Congress is to refrain from conglomeration, under one statute, of heterogeneous subjects. Second. The title of the bill bill is to be couc couche hed d in a lang langua uage ge suff suffic icie ient nt to noti notiffy the the legislators and the public and those concerned of the import of  the single subject thereof. Of relevance here is the second directive. The subject of  the the stat statut ute e must must be "exp "expre ress ssed ed in the the titl title" e" of the the bill bill.. This This constituti constitutional onal require requirement ment "breathes "breathes the spirit of command."3 command."3 Compliance is imperative, given the fact that the Constitution does does not not ex exac actt of Cong Congre ress ss the the obli obliga gati tion on to read ead duri during ng its its deliberations the entire text of the bill. In fact, in the case of  House Bill 1247, which became Republic Act 4790, only its title was read from its introduction to its final approval in the House of  Repre eprese sent ntat ativ ives es4 4 wher where e the the bill bill,, bein being g of loca locall appl applic icat atio ion, n, originated.5 Of course, the Constitution does not require Congress to employ in the title of an enactment, language of such precision as to mirror, fully index or catalogue all the contents and the minute details therein. It suffices if the title should serve the purp purpos ose e of the cons consttitut itutio iona nall dema demand nd tha hatt it infor nform m the the legislators, the persons interested in the subject of the bill, and the the publ public ic,, of the the na natu turre, scop scope e an and d cons conseq eque uenc nces es of the the proposed law and its operation. And this, to lead them to inquire into into the the body body of the the bill bill,, stud study y an and d disc discus uss s the the same same,, tak take appropriate action thereon, and, thus, prevent surprise or fraud upon the legislators.6 In our task of ascertaining whether or not the title of a stat statut ute e confo conform rms s with with the the cons consti titu tuti tion onal al requ requir irem emen ent, t, the the following, we believe, may be taken as guidelines:  The test of the sufficiency of a title is whether or not it is misleading; and, which technical accuracy is not essential, and the the subj subjec ectt ne need ed not not be stat stated ed in ex expr pres ess s term terms s wher where e it is clearly inferable from the details set forth, a title which is so unce un cert rtai ain n that that the the aver averag age e perso person n read readin ing g it woul would d not not be informed of the purpose of the enactment or put on inquiry as to its its cont conten ents ts,, or whic which h is misl mislea eadi ding ng,, eith either er in refe referr rrin ing g to or indicating one subject where another or different one is really embraced in the act, or in omitting any expression or indication of the real subject or scope of the act, is bad. xxx

xxx

xxx

In determining sufficiency of particular title its substance rather than its form should be considered, and the purpose of the cons consti titu tuti tion onal al requi require reme ment nt,, of givi giving ng noti notice ce to all all pers person ons s interested, should be kept in mind by the court.7 With the foregoing principles at hand, we take a hard look at the the disp disput uted ed stat statut ute. e. The The titl title e — "An "An Act Crea Creati ting ng the the Municipality of Dianaton, in the Province of Lanao del Sur"8 —

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projects the impression that solely the province of Lanao del Sur is affe affect cted ed by the the crea creati tion on of Dian Dianat aton on.. Not Not the the slig slight htes estt intimation is there that communities in the adjacent province of  Cotabato are incorporated in this new Lanao del Sur town. The phrase "in the Province of Lanao del Sur," read without subtlety or contor contortio tion, n, makes makes the title title mislea misleadin ding, g, decept deceptive ive.. For, For, the known known fact fact is that that the legislat legislation ion has a two-pr two-prong onged ed purpose purpose combi combine ned d in one one stat statut ute: e: (1) (1) it crea create tes s the the munic municip ipal alit ity y of  Dianaton purportedly from twenty-one barrios in the towns of  Butig and Balabagan, both in the province of Lanao del Sur; and (2) it also dismembers two municipalities in Cotabato, a province different from Lanao del Sur. The baneful effect of the defective title here presented is not not so diff diffic icul ultt to perc percei eive ve.. Such Such titl title e did did not not info inform rm the the members of Congress as to the full impact of the law; it did not apprise the people in the towns of Buldon and Parang in Cotabato and in the province of Cotabato itself that part of  thei theirr terr territ itor ory y is bein being g take taken n away away from from thei theirr town towns s and and province and added to the adjacent Province of Lanao del Sur; it kept the public in the dark as to what towns and provinces were were actua actually lly affec affected ted by the the bill. bill. These These are are the the pressu pressures res which heavily weigh against the constitutionality of Republic Act 4790.

Respondent's stance is that the change in boundaries of  the two provi province nces s resul resulting ting in "the "the substa substanti ntial al diminu diminutio tion n of  territorial limits" of Cotabato province is "merely the incidental legal results of the definition of the boundary" of the municipality of Dian Dianat aton on an and d that that,, ther theref efor ore, e, refer referen ence ce to the the fact fact that that portions in Cotabato are taken away "need not be expressed in the the titl title e of the the law law." This This post postur ure e — we must must say say — but but emphas emphasiz izes es the error error of consti constitut tution ional al dimens dimension ions s in writin writing g down the title of the bill. Transfer Transfer of a sizeable portion of territory from one province to another of necessity involves reduction of  area, population and income of the first and the corresponding incr increa ease se of thos those e of the the othe otherr. This This is as impo import rtan antt as the the creation of a municipality. And yet, the title did not reflect this fact. Respo espond nden entt asks asks us to read read Felwa elwa vs. vs. Sala Salas, s, L-16 L-1651 511, 1, October 29, 1966, as controlling here. The Felwa case is not in focus. For there, the title of the Act (Republic Act 4695) reads: "An Act Creating the Provinces of Benguet, Mountain Province, Ifug Ifugao ao,, an and d Kali alinganga-Ap Apay ayao ao." ." That That titl title e was assai ssaile led d as unconstitutional upon the averment that the provisions of the law (Section, 8 thereof) in reference to the elective officials of the provinces thus created, were not set forth in the title of the bill. We there ruled that this pretense is devoid of merit "for, surely, an Act creating said provinces must be expected to provide for the the offi office cers rs who who shal shalll run run the the affa affair irs s ther thereo eof" f" — whic which h is "manifestly germane to the subject" of the legislation, as set forth in its title. The statute now before us stands altogether on a different footing. The lumping together of barrios in adjacent but separate provinces under one statute is neither a natural nor logical consequence of the creation of the new municipality of 

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Dianaton. A change of boundaries of the two provinces may be made without necessarily creating a new municipality and vice versa. As we canvass the authorities on this point, our attention is drawn to Hume vs. Village of Fruitport, 219 NW 648, 649. There, the statute in controversy bears the title "An Act to Incorporate the Village of Fruitport, in the County of Muskegon." The statute, howe howeve ver, r, in its its sect sectio ion n 1 reads reads:: "The "The peopl people e of the the stat state e of  Mich Michig igan an en enac act, t, that that the the follo followi wing ng desc descri ribe bed d terr territ itory ory in the the counties of Muskegon and Ottawa Michigan, to wit: . . . be, and the same is hereby constituted constituted a village village corporate, by the name of the Village of Fruitport." This statute was challenged as void by plaintiff, a resident of Ottawa county, in an action to restraint the Village from exercising jurisdiction and control, including taxing his lands. Plaintiff based his claim on Section 20, Article IV of the Michigan State Constitution, which reads: "No law shall embrace more than one object, which shall be expressed in its title." The Circuit Court decree voided the statute and defendant appealed.  The Supreme Court of Michigan voted to uphold the decree of  nullity. nullity. The following, said sa id in Hume, may well apply to this case: It may be that words, "An act to incorporate the village of  Fruitport," would have been a sufficient title, and that the words, "in the county of Muskegon" were unnecessary; but we do not agree with appellant that the words last quoted may, for that reason, be disregarded as surplusage. . . . Unde Underr the the guis guise e of disc discar ardi ding ng surp surplu lusa sage ge,, a cour courtt cannot reject a part of the title of an act for the purpose of  saving the act. Schmalz vs. Woody, 56 N.J. Eq. 649, 39 A. 539. A purp purpos ose e of the the prov proviision sion of the Cons Consti titu tuti tion on is to "cha "chall llen enge ge the the atte attent ntio ion n of those those affec affecte ted d by the the act act to its its provisions." Savings Bank vs. State of Michigan, 228 Mich. 316, 200 NW 262.  The title here is restrictive. It restricts the operation of the act of Muskegon county. The act goes beyond the restriction. As was said in Schmalz vs. Wooly, supra: "The title is erroneous in the worst degree, for it is misleading."9 Similar statutes aimed at changing boundaries of political subdivisions, which legislative purpose is not expressed in the title, were likewise declared unconstitutional."10 We rule that Republic Republic Act 4790 is null and void. 2. Suggestion was made that Republic Act 4790 may still be salvaged with reference to the nine barrios in the municipalit municipalities ies of Butig and Balabagan in Lanao del Sur, with the mere mere nul nullif lifica icatio tion n of the portio portion n there thereof of which which took took away away the twelve barrios in the municipalities of Buldon and Parang in the other province province of Cotabato. Cotabato. The reasoning reasoning advocated advocated is that the limited title of the Act still covers those barrios actually in the province of Lanao del Sur.

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We are not unmindful of the rule, buttressed on reason and of long standing, that where a portion of a statute is rendered unco un cons nsti titu tuti tion onal al an and d the the rema remain inde derr vali valid, d, the the part parts s will will be separated, and the constitutional portion upheld. Black, however, gives the exception to this rule, thus: . . . But when the parts of the statute are so mutually depe depend nden entt an and d conn connec ecte ted, d, as cond condit itio ions ns,, cons consid ider erat atio ions ns,, inducements, or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that if  all could not be carried into effect, the legislature would not pass the residue independently, then, if some parts are uncons unconstit tituti utional onal,, all the provi provisio sions ns which which are are thus thus depend dependent ent,, conditional, or connected, must fall with them, In substa substanti ntiall ally y simila similarr langu language age,, the same same ex excep ceptio tion n is recognized in the jurisprudence of this Court, thus:  The general rule is that where part of a statute is void, as repugnant to the Organic Law, while another part is valid, the valid portion if separable from the invalid, may stand and be enforced. But in order to do this, the valid portion must be so far independent of the invalid portion that it is fair to presume that the the Legi Legisl slat atur ure e woul would d ha have ve en enac acte ted d it by itse itself lf if they they ha had d supposed that they could not constitutionally enact the other. . . Enough must remain to make a complete, intelligible, and valid statute, which carries out the legislative intent. . . . The language used in the invalid part of the statute can have no legal force or effi effica cacy cy for for an any y purpo purpose se what whatev ever er,, an and d what what rema remain ins s must must express the legislative will independently of the void part, since the court has no power to legislate, . . . . Could Could we indulg indulge e in the assump assumptio tion n that that Congr Congress ess still still intended, by the Act, to create the restricted area of nine barrios in the towns of Butig and Balabagan in Lanao del Sur into the town of Dianaton, if the twelve barrios in the towns of Buldon and Parang, Cotabato were to be excluded therefrom? The answer must be in the negative. Municipal corporations perform twin functions. Firstly. They serve serve as an inst instru rume ment ntal alit ity y of the the Stat State e in carr carryi ying ng out out the the functions of government. Secondly. They act as an agency of the community in the administration of local affairs. It is in the latter character that they are a separate entity acting for their own purposes and not a subdivision of the State.13 Cons Conseq eque uent ntly ly,, seve several ral fact factors ors come come to the the for fore in the the cons consid ider erat atio ion n of whet whethe herr a grou group p of barr barrio ios s is capa capabl ble e of  maintaining itself as an independent municipality m unicipality.. Amongst these are population, territory, and income. It was apparently these same factors which induced the writing out of House Bill 1247 creating the town of Dianaton. Speaking of the original twentyone barrios whic hich compris rise the new municipali ality, the expla ex planat natory ory note note to House House Bill Bill 1247, 1247, now Republi epublic c Act Act 4790, 4790, reads:

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  The The ter territo ritory ry is now a prog progrressi essive ve commu ommuni nitty; the aggr aggreg egat ate e popu popula lati tion on is larg large; e; an and d the the coll collec ecti tive ve inco income me is sufficient to maintain an independent municipality. municipality.   This bill, if enacted into law, will enable the inhabitants conc concer erne ned d to gove govern rn them themse selv lves es an and d en enjo joy y the the bles blessi sing ngs s of  municipal autonomy. When When the the for foregoi egoing ng bill bill was was pres presen ente ted d in Cong Congrress, ess, unquestionably, the totality of the twenty-one barrios — not nine barrios — was in the mind of the proponent thereof. That this is so, is plainly evident by the fact that the bill itself, thereafter enacted into law, states that the seat of the government is in   Togai ogaig, g, whic which h is a barr barrio io in the the muni munici cipa pali lity ty of Buld Buldon on in Cota Cotaba bato to.. And the hen n the the reduc educe ed are area pose poses s a nu numb mber er of  ques questi tion ons, s, thus thus:: Coul Could d the the obse observ rvat atio ions ns as to prog progrressi essive ve comm communi unity ty,, larg large e aggr aggreg egat ate e popu popula lati tion on,, coll collec ecti tive ve inco income me sufficient to maintain an independent municipality, still apply to a motley group of only nine barrios out of the twenty-one? Is it fair to assume that the inhabitants of the said remaining barrios would have agreed that they be formed into a municipality, what with with the conseq consequen uentt duties duties and liabil liabiliti ities es of an indepe independe ndent nt municipal corporation? Could they stand on their own feet with the income to be derived in their community? How about the peace peace and order, order, sanita sanitatio tion, n, and other other corpora corporate te obliga obligatio tions? ns?  This Court may not supply the answer to any of these disturbing ques questi tion ons. s. And And ye yet, t, to remai remain n deaf deaf to thes these e prob proble lems ms,, or to answ an swer er them them in the the ne nega gati tive ve an and d stil stilll clin cling g to the the rule rule on sepa separa rabi bili lity ty,, we are are afra afraiid, is to imput mpute e to Cong Congrress an unde un decl clar ared ed will will.. With With the the kn know own n prem premis ise e that that Dian Dianat aton on was was created upon the basic considerations of progressive community, large aggregate population and sufficient income, we may not now say that Congress intended to create Dianaton with only nine nine — of the the origi origina nall twen twenty ty-on -one e — barr barrio ios, s, with with a seat seat of  government still left to be conjectured. For, this unduly stretches  judicial interpretation of congressional intent beyond credibility point. To do so, indeed, is to pass the line which circumscribes the the judi judici ciar ary y an and d trea tread d on legi legisl slat ativ ive e prem premis ises es.. Payin aying g due due respect to the traditional separation of powers, we may not now melt and recast Republic Act 4790 to read a Dianaton town of  nine instead of the originally intended twenty-one barrios. Really, if these nine barrios are to constitute a town at all, it is the func functi tion on of Congr ongres ess, s, not not of thi this Cour Courtt, to spel spelll out out tha hatt congressional will. Republic Act 4790 is thus indivisible, and it is accordingly null and void in its totality.14 3. Ther There e remai emains ns for for cons consid ider erat atio ion n the the issu issue e rais raised ed by respo responden ndent, t, namely namely,, that that petiti petitione onerr has no substa substanti ntial al legal legal interest interest adversely adversely affected affected by the implementa implementation tion of Republic epublic Act 4790. Stated differently, respondent's pose is that petitioner is not the real party in interest.         6       e       g       a         P

Here the validity of a statute is challenged on the ground that it violates the constitutional requirement that the subject of  the the bill bill be ex expr pres esse sed d in its its titl title. e. Capa Capaci city ty to sue, sue, ther theref efor ore, e, hinges on whether petitioner's substantial rights or interests are impaired by lack of notification in the title that the barrio in Parang, Cotabato, where he is residing has been transferred to a different provincial hegemony.   The The righ rightt of ev eve ery citiz itizen en,, taxp taxpay aye er an and d vot voter of a community affected by legislation creating a town to ascertain that that the the law law so cre create ated is not not dism dismem embe beri ring ng his his plac place e of  residence "in accordance with the Constitution" is recognized in this jurisdiction.15 Petitioner is a qualified voter. He 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. He may not want, as is the case here, to vote in a town different from his actual residence. He may not desire to be considered a part of hitherto different communities which are fanned into the new town; he may prefer to remain in the place where he is and as it was constituted, and continue to enjoy the rights and benefits he acquired therein. He may not even know the candidates of the new town; he may express a lack of desire to vote for anyone of them; he may feel that his vote should be cast for the officials in the town before dismemberment. Since by constitutional direction the purpose of  a bill must be shown in its title for the benefit, amongst others, of  the community affected thereby,16 it stands to reason to say that when the constitutional right to vote on the part of any citizen of that community is affected, he may become a suitor to challenge the constitutionality of the Act as passed by Congress. For For the reason reasons s given, given, we vote vote to declar declare e Republi epublic c Act Act 4790 null and void, and to prohibit respondent Commission from implementing the same for electoral purposes.17 (emphasis ours)

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 created by RA 9495. Quezon del Sur can exist independently with Quezon Province, being the mother province thereof. Yet, the law   went went out of bounds bounds by creat creating ing anoth another er entir entirely ely new provi provinc nce, e, Quezon del Norte, with new technical boundaries yet retaining the

17

G.R. No. L-28089, October 25, 1967

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old capital of Lucena City. Quezon del Norte whichever one looks at it is not Quezon Province.

RA 9495 AMENDS THE LOCAL GOVERNMENT CODE 

Another glaring defect of Republic Act 9495 is Section 55 thereof, which states: Upon the effecti effectivit vity y of this this Act, Act, the Equitable Division. - Upon obligations, funds, assets and other properties of the present Province of Quezon, renamed Quezon del Norte, shall, as much as possible, be divided equitably between Quezon del Sur and Quezon del Norte. The President of the Philippines shall order such division upon the recommendation of the ad hoc committee which may avail of assistance from the Commission on Audit and other departments concerned. The tax revenues from business enterprises principally located in one of the two provinces created herein but whose facilities or structures extend to the other such as, but not limite limited d to, power power gener generati ating ng plant plants s shall shall be propor proportio tiona nally lly divi divide ded d betw betwee een n the the two two prov provin ince ces: s: Prov Provid ided ed,, That That such such enterprises shall not be subjected to a second tax in addition to what is already imposed by the province where they are principally located. (emphasis ours)

 The said section is in effect a mandate that the tax revenues from the business enterprises principally located in Quezon del Nor Norte

part articu icular larly

the the

power ower

gen ene erati ating

plan plants ts

sha halll

be

proportionally divided between the two provinces.  This Honorable Court can take judicial notice that there are two gigantic power generators located in two municipalities in Quezon particularly in the municipalities of Mauban and Pagbilao. Under Under the the law, law, these these munic municipa ipalit lities ies are are inclu included ded in the the newly newly propo proposed sed Quezon Quezon del Norte. Norte.

Quezo Qu ezon n Power Power Plant Plant is locate located d in

Mauban Mauban,, Qu Quezo ezon n while while Team Ene Energ rgy y former formerly ly Hopew Hopewell ell Powe Powerr Plant is located in Pagbilao, Pagbilao, Quezon, copies of the Certifications of 

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the Provincial Assessor’s Office are hereto attached as ANNEXES “F” and “F-1” and made parts hereof. Mauban and Pagbilao are

prop propos osed ed to be with within in the the ne new w Qu Quez ezon on del del Nort Norte, e, a seco second nd province sought to be created under RA 9495. Realty Tax has been defined as follows: REALTY TAX Local Tax. The difference is that a realty tax

has always been imposed by the lawmaking body and later by the President of the Philippines in the exercise of his lawmaking power powers, s, an and d is en enfor force ced d throu through ghou outt the the Phil Philip ippi pine nes s an and d not merely in a particular municipality or city, but the proceeds of  accrue to the provin province, ce, city city,, munici municipal palit ity y and the tax accrue barrio where the realty taxed is situated. In contrast, a local tax is imposed by the municipal or city council.18.

Under Section 201 of the Local Government Government Code it provides: provides: SEC. 201. Appraisal of Real Property. - All real property,

whether taxable or exempt, shall be appraised at the current and fair market value prevailing in the locality where the property is The The Depar Departm tmen entt of Fina Financ nce e shal shalll prom promul ulgat gate e the the situated. necessary rules and regulations for the classification, appraisal, and assessment of real property pursuant to the provisions of  this Code. (emphasis ours)

In other words, Republic Act 9495 is sui  generis  limited to Quezon del Norte and Quezon del Sur, seeking to amend the effects of Section 201 of Republic Act 7160, otherwise known as the Loca Locall Gover overn nmen entt Code Code..

Whil While e in BARALIDASAN  the

insertion of twelve barrios from the Province of Cotabato in the proposed Municipality of Dianaton in the Province of Lanao del Sur, changed the boundaries of the two provinces, Section 55 is surreptitiously added as palliative to the soon to be decimated Quezo Qu ezon n del Sur Sur.. 18

It runs runs count counter er to the the dispo disposit sition ion of of the the real real

Meralco Securities Industrial Corporation vs. Central Board of Assessment Appeals. L46245, May 31, 1982; 114 SCRA 267 (emphasis ours)

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property tax and all its incidents pursuant to Art SEC. 271 of the Local Government Code: The proc proce eeds of the basic asic real Distri Distribut bution ion of Proceeds Proceeds.. - The property tax, including interest thereon, and proceeds from the use, lease or disposition, sale or redemption of property acquired at a public auction in accordance with the provisions of this Title by the province or city or a municipality within the Metropolitan Manila Area shall be distributed as follows: (a) In the case of provinces: (1) province - Thirty-five percent (35%) shall accrue to the general fund; (2) munic municipa ipalit lity y - Forty Forty perce percent nt (40%) (40%) to the genera generall fund of the municipality where the property is located; and (3) barangay - Twenty-five percent (25%) shall accrue to the barangay where the property is located.

(b) In the case of cities: (1) city - Seventy percent (70%) shall accrue to the general fund of the city; and (2) Thirty percent (30%) shall be distributed among the component barangays of the cities where the property is located in the following manner: (i) Fifty percent (50%) shall accrue to the barangay where the property is located; (ii) Fifty percent (50%) shall accrue equally to all component barangays of the city; and (c) In the case of a municipality within the Metropolitan Manila Area: (1) Metrop Metropoli olitan tan Manila Manila Authori Authority ty - Thirty Thirty-fi -five ve percen percentt (35%) (35%) shall accrue to the general fund of the authority; (2) municipality - Thirty-five percent (35%) shall accrue to the general fund of the municipality where the property is located; (3) barangays - Thirty percent (30%) shall be distributed among the component barangays of the municipality where the property is located in the following manner: (i) Fifty percent (50%) shall accrue to the barangay where the property is located; (ii) Fifty percent (50%) shall accrue equally to all component barangays of the municipality. municipality.

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(d) The share of each barangay shall be released, without need of any further action, directly to the barangay treasurer on a quarterly quarterly basis within five (5) days after the end of each quarter and shall not be subject to any lien or holdback for whatever purpose. (emphasis ours)

Real Property Tax is a tax imposed, assessed and collected wher where e the the realt ealty y is situ situat ated ed (and (and of cour course se en enjo joye yed d by the the collecting collecting LGU LGU to the exclusi exclusion on of other LGUs). LGUs). In other words words,, R.A. .A. 9495 9495 seek seeks s to mak make an ex exce cept ptio ion n that that a ne newl wly y crea create ted d province such such as Quezon del Sur shall have a participatory benefit from the real property taxes collected from another distinct and independ independent ent provinc province e which is Quezon Quezon del Norte. Norte. This state state of  affairs is clearly absurd, illogical and therefore unconstitutional. All realty taxes in Quezon del Norte perforce accrue only to the LGU as envisioned by R.A. 7160 and the jurisprudence that goes with it.

There is no such thing as participatory or joint

benefi beneficia ciarie ries s in land land or real real prope property rty taxes taxes ex excep ceptt the the cities cities,, municipalities, or barangays within the same local government unit. The clear purpose of Section 55 is to inveigle prospective oppositors that the author thereof is bent on the preservation of  the the stat status us quo quo relat elativ ive e to the the coll collec ecti tion on of real real prop proper erty ty tax tax wind windfa fall lls s from from the the powe powerr behe behemo moth ths s loca locate ted d in Maub Mauban an an and d Pagbilao. Regrettably, this is nowhere near the desired objective.  The legal ploy is constitutionally infirmed. The law provides no work orkable able stan stand dard ard on how the gross oss real prope operty tax taxes collec collectib tible le by the propo proposed sed Qu Quezo ezon n del Norte Norte from from the power power

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genera generator tors s locate located d within within its territ territory ory shall shall be propo proporti rtiona onatel tely y divi divide ded d with with its its ne new w ne neig ighb hbor or,, Qu Quez ezon on del del Sur Sur. Noth Nothin ing g was was furthe rtherr ment mentio ion ned or specif ecifie ied d on what admin dminis istr trat ativ ive e or executive agency shall implement these peculiar, if not magical, arrangements. Non-publication for Unreasonable Period of Time

Remember that R.A. 9495 lapsed into law on September 7, 2007. But RA 9495 has a fixed timetable. The bill lapsed into law on September 7, 2007 without the signature of the President. The law was already published in Volume 104, No. 16, April 21, 2008 issue of the Official Gazette, copy of the Certification issued by the Bureau of Printing is hereto attached as ANNEX “G” hereof. hereof. In In its section 49 however, the law provides for the conduct of a plebiscite “within sixty (60) days from the date of (its)  affe affect ctiv ivit ity… y…o or

on

the the

imme immedi diat atel ely y

succ succee eedi ding ng

nati nation onal  al 

elections elections whichever whichever comes first.”  Per Tañada v. Tuvera19, the

plebiscite should have been set on June 21, 2008, or sixty (60) days days from from OG publi publicat cation ion which which of course course came came first first becaus because e there is no “succeeding national elections” between September 7, 2007 or April 21, 2008 and June 21, 2008. Even if RA 9495 does not mention its publication in the Official Gazette, the Tañada doct doctri rine ne is deem deemed ed read ead in the the stat statut ute. e. Ei Eigh ghtt mont months hs from from becoming a law and no publication is done yet as the final step is by all indications already unreasonable given the importance we 19

G.R. No. L-63915. December 29, 1986

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must ust acco accorrd on the the fina finall bilat ilater eral al act of Con Congre gress an and d the Executive. This Honorable Court is justified in striking the law as unconstitutional on the strength of the doctrinal instructions of 

TAÑADA. RESOL RESOLUT UTION IONS S NOS. NOS. 8533, 8534, 8535, 8537, 8538 and 8539(ANNEXES “H”, “I”, “J”, “K”, “L”, and “M” hereof), ALL  DATED NOVEMBER 12, 2008 WERE NOT PUBLISHED UNDER THE AEGIS OF THE UP LAW CENTER

Under Book VII, Chapter 2, Section 3 of the Administrative Code of  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. (2) (2) The The recor ecords ds offi office cerr of the the age agency, ncy, or his his equi equiva vallen entt functi functiona onary, ry, shall shall carry carry out the requir requireme ements nts of this this sectio section n under pain or disciplinary action. (3) A permanent register of all rules shall be kept by the issuing agency and shall be open to public inspection.

Resolution Resolution No 8537 declares and penalizes the following acts: SECTION SECTION 2. Prohibiti Prohibitions ons. - During the plebiscite period

commencing November 19, 2008 up to December 16, 2008. (a)No person, including those possessing a permit to carry firearms outside of residence or place of business, shall bear, carry or transport firearms or other deadly weapons in public places including all public buildings, streets, parks and private vehicle or public conveyances. For this purpose, “firearm” includes airgun, while “deadly weap weapon ons” s” incl includ udes es ha hand nd gren grenad ade e or othe otherr ex expl plos osiv ives es,, exce ex cept pt pyrot pyrotec echn hnic ics; s; whil while e “dea “deadl dly y weap weapon on” ” incl includ udes es bladed instruments;   The The issu issuan ance ce of fire firear arms ms lice licens nses es shal shalll be susp suspen ende ded d during the election period; (b)No membe mber or offi fficer of the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), or any other other law enfor enforcem cement ent agency agency of the govern governmen ment, t, shall shall bear bear fir firearms arms out outside side of the their respec specti tive ve bar barrac racks, ks,

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garrisons, camps, offices or such other military or police installations; (c) No candidate for public office, including incumbent officials officials seeking election to any public office or who are not seeking election, to employ, avail himself/herself/themselves of or engage the services of security personnel or bodyguards, whether or not such bodyguards is/are members or officers of the PNP, the AFP or any other law enforcement agency of the governm government ent,, unl unless ess duly duly authori authorize zed d by his/th his/their eir commanders and granted exemption of the commission; (d)No person shall act as security personnel or bodyguard of  any candidate or to authorize or order such assignment; (e)No member of securit rity or poli olice organ ganizatio ation n of  governm government ent agenci agencies, es, commis commission sions, s, counci councils, ls, bureau bureaus, s, offices offices or government-o government-owned wned or controlled controlled corporations corporations or priv privat ate ely-o ly-own wne ed or ope operate rated d secur ecuriity, ty, inve invest stiigat gate, prot protec ecti tive ve or inte intell llig igen ence ce agen agenci cies es,, to bear bear fir firearm earms s outside the immediate vicinity of his place of work; and (f) No person person to organi organize ze or mainta maintain in react reaction ion forces forces strik strikes es forces or any other similar forces.

Admi Admitt tted edly ly,, thes these e ques questi tion oned ed Resol esolut ution ions s of the the respo espond nden entt COMELEC were not yet filed with the UP Law Center much less published in the National Administrative Register. In the case of  PHILIPPINE ASSOCIATION OF SERVICE EXPORTERS, INC vs. HON. RUBEN D. TORRES, as Secretary of the Department of Labor & Employment, and JOSE N. SARMIENTO, as Administrator of the PHILIP PHILIPPINE PINE

OVERS OVERSEAS EAS

EMPL EMPLOYMENT YMENT

ADMINIS ADMINISTR TRA ATION TION20,

this

Honorable Supreme Court ruled: Neverth rtheless, they are are legally invalid, defective and unen un enfor force ceab able le for for lack lack of powe powerr publ public icat atio ion n an and d fili filing ng in the the Office Office of the Nation National al Admin Administ istrat rative ive Registe egisterr as requi require red d in Arti Articl cle e 2 of the the Civi Civill Code Code,, Arti Articl cle e 5 of the the Labo Laborr Code Code an and d Sections 3(1) and 4, Chapter 2, Book VII of the Administrative Code of 1987 which provide: 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.)

20

G.R. No. 101279 August 6, 1992 (emphasis ours)

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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 regul egulat atio ions ns shal shalll beco become me effe effect ctiv ive e fif fifteen teen (15) (15) days days afte afterr anno an noun unce ceme ment nt of thei theirr adop adopti tion on in ne news wspap paper ers s of gene genera rall 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 Code whic which h are are not not file filed d with within in thr three (3) (3) mont months hs shal shalll not not ther therea eaft fter er be the the basi basis s of an any y sanc sancti tion on agai agains nstt an any y part party y or pers person ons. s. (Emp (Emph hasis asis supp suppli lie ed, Ch Chap apte terr 2, Book Book VII of the Administrative Code of 1987.) Sec. 4. Effectivit vity. — In add addition to other rule-makin king requirements provided by law not inconsistent with this Book, each rule shall become effective effective fifteen fifteen (15) days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public heal he alth th,, safe safety ty an and d welf welfar are, e, the the ex exis iste tenc nce e of whic which h must must be expressed in a statement accompanying the rule. The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them. (Emphasis supplied, Chapter 2, Book VII of the Administrative Code of 1987). Once, more we advert to our ruling in Tañada vs. Tuvera, 146 SCRA 446 that: . . . Administrative rules and regulations must also be published if  their purpose is to enforce or implement existing law pursuant also to a valid delegation. (p. 447.) Interpretative regulations and those merely internal in nature, that that is, is, regu regula lati ting ng only only the the pers person onne nell of the the admi admini nist stra rati tive ve agency and not the public, need not be published. Neither is publication required of the so-called letters of instructions issued by administrative superiors concerning the rules or guidelines to be followed by their subordinates in the performance of their duties. (p. 448.) We agree that publication publication must be in full or it is no publication at all since its purpose is to inform the public of the content of the laws. (p. 448.) For lack of proper publication, the administrative circulars in question may not be enforced and implemented.

ALLE ALLEGA GATI TION ONS S IN SUPP SUPPOR ORT T OF PRAY PRAYER ER FOR FOR THE ISSU SSUANCE OF A TEMP EMPORARY ARY

        6       e       g       a         P

RESTRAINING ORDER AND PRELIMINARY INJUNCTION

WRIT

OF

Petitioners replead, by reference, the foregoing allegations. In Executive Secretary v. Court of Appeals 21, the Honorable Supreme Court enumerated the requisites for an application for the the issu issuan ance ce of a temp tempor orar ary y rest restra rain inin ing g orde orderr an and d the the writ writ of  preliminary preliminary injunction, to wit: “To be entitled to a preliminary injunction to enjoin the enforce enforcement ment of a law assail assailed ed to be uncons unconstit tituti utiona onal, l, the   party must establish that it will suffer irreparable harm  in the absence of injunctive relief and must demonstrate  that it is likely to succeed on the merits, or that there are  sufficiently serious questions going to the merits and the  balance of hardship tips directly in its favor . The The high higher  er 

standa standard rd reflect reflectss judici judicial al deferenc deference e toward toward “legis “legislat lation ion or  regul regulat atio ions ns devel develop oped ed thro throug ugh h presu presump mpti tivel vely y reas reason oned ed democra democratic tic process processes.” es.” Moreover Moreover,, an injunc injunctio tion n will will alter alter,, rather than maintain, status quo, or will provide the movant  with substantially all the relief sought and that relief cannot  be undone even if the defendant prevails at a trial on the merits. Considering that injunction is an exercise of equitable reli elief and authorit rity, in assess essing wheth ether to issue a  preliminary injunction, the courts must sensitively assess all the equities of the situation, including the public interest. In litigations between governmental and private parties, courts go much further both to give and withhold relief in furtherance of public interests than they are accustomed to go when when only only priv privat ate e inte intere rest stss are are invo involv lved ed.. Befo Before re the the   pla plaiinti ntiff may may be ent entitl itled to inj injunct unctiion agai agains nstt fut future ure enfo enforc rcem emen ent, t, he is burd burden ened ed to show show some some subs substa tant ntia iall hardship.” 

As clearly shown from the foregoing, the petitioners have an actual and substantial interest over the resolution of this issue because public monies are poised to be spent on clearly unlawful purposes. 21

429 SCRA 81, 102-103 (Emphasis supplied)

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Moreover, the continuance of the Republic Act No. 9495 as a law necessarily affect and will continue to affect the right of the petitioners over public funds and cause irremediable injury and injustice to the petitioners, unless its implementation is enjoined by the Honorable Court (Section 3 (a) and (b), Rule 58, Revised Rules of Court). There is an urgent necessity for the issuance of a writ of preliminary injunction to prevent serious damage that is caus caused ed an and d will will be caus caused ed by Repub epubli lic c Act Act No. No. 9495 9495.. Unle Unless ss enjoined, the respondents will continue to enforce and implement Republic Act No. 9495 - the constitutionality of which is in serious question, conduct a costly plebiscite and render the outcome of  this case moot as any judgment that will be rendered herein will be ineffectual (Section 3 (c), Rule 58). As one Blogger aptly observed: 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.   Trut Truth h to tell tell,, the the prop propon onen ents ts of this this law law fail failed ed to ex exer ertt the the minimum effort of notifying the sizeable sectors of the province. What was heard for the most part was the upside for the division. Nothing was heard for the downside. The proponent, while the bill was being railroaded in the Committee, was busy imagining the short haul political benefit for him and his family. What was heard was the litany of motherhood exhortations that the South must stand by its own feet, rely and develop its own resources, and enjoy the magnanimity of the Central government by way of  the Internal Revenue Allotment. How about the local sources of  revenue? What can we boast in the South as its crown jewels?

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Gumaca, with its century old water problem, is a transient town. It is the site of commercial banks and government agencies in the the area area.. Desp Despit ite e the the reign eign of an old old polit politic ical al fami family ly ther there, e, nothing was done in the development of Gumaca, touted to be the Capital of Quezon del Sur. Its water system is the worst in the province. There was even an ordinance that proscribes taking car care of pige pigeon ons. s. The The reason ason is obvi obviou ous. s. Dove Doves s with with the their droppings dirty the roofs that collect rain water! While Hondagua in Lopez is host to the Puyat Philippine Flour Mills, it has for the last last twen twenty ty ye year ars s oper operat atin ing g in reduc educed ed capa capaci city ty.. PFM PFM pays pays minuscule property tax to Lopez and provides employment to about 200 natives of the town. Catanauan in the Bondoc remains sleepy thanks to its sleepy and corrupt leadership. Moreover, the proponent failed to see that the half of the IRA is for for sala salari ries es an and d wage wages s of a ne new w bur bureauc eaucra racy cy for for the the ne new w 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 job where where employ employmen mentt opportu opportunit nities ies loom loom in the North. 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. Most of us found ourselves holding a fait accompli for a law.  The act of division shall do injustice to South Quezon. There was no clinical or scientific neither an academic study made prior to floati floating ng the propos proposal. al. South South Quezon Quezon needs needs North North Quezon Quezon for unity of purpose. The North nourishes the South. South Quezon loses its physical and psychological connection with the North. By legi legisl slat atin ing g ter territ ritori orial divi divisi sion on it spel pells the econo conomi mic c 22 petrifaction of its half.

Republic Act No. 9495, and the accompanying Resolutions of  the

respondent

COMELEC,

should

be

stricken

down

as

unconstitutional, unconstitutional, capricious, and whimsical, and issued with grave abuse of discretion amounting to lack or excess of jurisdiction.  There is no appeal or any other plain, speedy, adequate remedy in the ordinary course of law. Petitioners are entitled to the relief prayed for and part of  such relief consists in enjoining and restraining the respondents 22

katataspulong ng Quezon Province, http://www.sonnypulgar http://www.sonnypulgar.com/no-to-quezon-division/ .com/no-to-quezon-division/

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from enforcing and implementing Republic Act No. 9495 and from conducting any further proceedings on the execution of the said law. Petitioners are entitled to the relief prayed for and part of  such relief consists in ordering the respondents, their attorneys, repres representat entatives, ives, agents agents and any other person person assisting assisting them or acting for and on their behalf; a.

to ref refra rain in or or desi desist st fr from enf enfor orci cing ng or or impl implem emen enti ting ng the the

Republi epublic c Act Act No. No. 9495 9495 and Resolu esolutio tion n Nos. Nos. 8533, 8533, 8534, 8534, 8535, 8535, 8537, 8538 and 8539; and b.

to ref refra rain in from from con condu duct ctin ing g any any furt furthe herr proc procee eedi ding ngs s with with

respect to the allotment, disbursement, and disposition of funds relative to the conduct of an alleged plebiscite soon after the statutes’ effectivity, pending the resolution of this case.   The These se mani manife fest stly ly capr capric icio ious us an and d whim whimsi sica call acts acts,, un unle less ss enjoined during the pendency of the instant petition, will certainly work injustice to petitioners, and will render any decision herein moot and ineffective. ineffective. Petitioners shall suffer grave and irreparable injury unless this this Honora Honorable ble Court Court en enjoi joins, ns, thro through ugh a restr restrain aining ing order order,, and thereafter,

through

a

writ

of

preliminary

injunction,

the

resp respond ondent ents, s, their their atto attorn rney eys, s, repre eprese sent ntat ativ ives es,, agen agents ts an and d an any y other person assisting them or acting for and on their behalf, from proceeding with the implementation of Republic Act No. 9495 that

        6       e       g       a         P

would cause injustice to them. Petitioners Petitioners are ready, willing and able to post a bond in favor of the respondents in such amount as the Honorable Court may fix to answer for any and all damages which the respondents may suff suffer er or sust sustai ain n by reaso eason n of the the issu issuan ance ce of a temp tempor orar ary y restraining order and/or writ of preliminary injunction, should the Honorable Court remotely finally decide that petitioners are not entitled thereto. MOTION TO SET CASE FOR EN BANC

Section 4(2), Article VIII of the Constitution provides: “(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc banc,, inc includi luding ng thos those e invol nvolvi ving ng the const onstiituti tution onal alit ity y, application, or operation of presidential decrees,   procla proclamat mation ions, s, orders, orders, instru instructi ctions ons,, ordinan ordinances ces,, and other  other  regu regula lati tion ons, s, shal shalll be deci decide ded d with with the the co conc ncur urre renc nce e of a majo majori rity ty of the the Memb Member erss who who actu actual ally ly took took part part in the the deliberations on the issues in the case and voted thereon.” 

Section 4 of the Supreme Court Administrative Circular No. 289, as amended, provides, viz: “4. At any any time time after after a Division Division takes takes cognizance cognizance of a case and before a judgment or resolution therein rendered becomes final and executory, the Division may refer the case en consulta to the Court en banc which, after consideration of  the reasons of the Division for such referral, may return the case case to the the Divi Divisi sion on or acce accept pt the the case case for for deci decisi sion on or  resolution.” 

  The instant instant case involves involves the constitut constitutional ionality ity of Republic epublic Act No. No. 9495 495 an and d the issu issue es inv nvol olve ved d are are nove ovel an and d pure         6       e       g       a         P

questions of law. Petitioners moves for the elevation of this case to the Court en banc. PRAYER WHEREFORE , premises considered, it is respectfully prayed

that that the the in inst stan antt peti petiti tion on be give given n due due cour course se,, an and d pend pendin ing g cons consid ider erat atio ion n ther thereo eof, f, for for reaso easons ns of ex extr trem eme e ur urge genc ncy, y, this this Honorable Court immediately issue a temporary restraining order, on such bond as this Honorable Court may require, ordering the resp respond ondent ents, s, their their attor attorney neys, s, represe epresent ntati atives ves,, agents agents and any other person assisting them or acting for and on their behalf to ENJO ENJOIN IN,,

FORB FO RBID ID,,

AND AND

REST RE STRA RAIN IN

the the respo espond nden ents ts from from

conducting the plebiscite in Quezon Province for the ratification of  the creation creation of the Province Province of Quezon Quezon del Sur Sur on December December 13, 2008, and to: a.

refrain or desist from enforcing or implementing

Repub epubli lic c Act No. No. 9495 9495 an and d the the foll follow owin ing g Resol esolut utio ions ns ille illega gall lly y issued by the respondent COMELEC, to wit: Resolution No. 8533 dated November 12, 2008 entitled “ RULES

AND REGULATIO TIONS GOVERNIN NING THE CONDU NDUCT OF THE PLEBISC PLEBISCITE ITE TO RATIF RATIFY Y THE CREA CREATION TION OF QUEZON QUEZON DEL SUR, SUR, PURSUANT TO REPUBLIC ACT NO. 9495 DATED SEPTEMBER 07, 2007, WHICH SHALL BE COMPOSED OF THE MUNICIPALITIES OF:   AGD AGDAN ANGA GAN, N, BUEN BUENA AVIST VISTA, A, CAT CATANAU ANAUAN AN,, GENE GENERA RALL LUNA LUNA,, MACALELON, MULANAY, PADRE BURGOS, PITOGO, SAN ANDRES, SAN FRANCISCO FRANCISCO,, SAN NARCISO NARCISO,, UNISAN, UNISAN, ALABAT ALABAT, ATIMONAN, TIMONAN, CALAUA CALAUAG, G, GUINY GUINYANG ANGAN, AN, GUMACA GUMACA,, LO LOPEZ PEZ,, PEREZ, PEREZ, PLARID PLARIDEL, EL, QUEZ QUEZON ON AND AND TAGKA AGKAW WAY AYAN AN;; AND AND TH THE E REMA REMAIN ININ ING G OF TH THE E MOTHER PROVINCE OF QUEZON TO KNOWN AS QUEZON DEL NORTE, WHICH SHALL BE COMPOSED OF THE MUNICIPALITIES OF  BURD BURDEO EOS, S, GENER ENERAL AL NAKA NAKAR, R, INF INFANT ANTA, JOMA JOMALI LIG, G, LUCB LUCBAN AN,, MAUBAN MAUBAN,, PAGBILA AGBILAO O, PANUKU ANUKULAN LAN,, PATNANUN TNANUNGAN GAN,, POLILI POLILIO O, REAL REAL,, SAMP SAMPAL ALOC OC,, CAND CANDEL ELAR ARIA IA,, DOL DOLORES ORES,, SAN SAN ANTO ANTONI NIO O, SARIAYA, TIAONG AND THE CITIES OF LUCENA AND TAYABAS, TO BE CONDUCTED ON DECEMBER 13, 2008.”

        6       e       g       a         P

xxxxx Resolu soluti tio on

xxxxx

dated d No. 8534 8534 date

xxxxx

Nove Novemb mber er 12, 12, 2008 2008 en enti titl tled ed

“CALENDAR OF ACTIVITIES AND PERIODS OF PROHIBITED ACTS

IN CONNECTION WITH THE DECEMBER 13, 2008 PLEBISCITE TO RATIFY 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 07, 2007.” xxxxx

xxxxx

xxxxx

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   ARM ARMED ED FORC FORCES ES OF TH THE E PH PHIL ILIP IPPI PINE NES, S, AND AND TH THE E PH PHIL ILIP IPPI PINE NE NATI NATION ONAL AL PO POLI LICE CE FOR FOR TH THE E PURP PURPOS OSE E OF ENSU ENSURI RING NG FREE 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 MOT MOTHER PROVINCE INTO QUEZON DEL NORTE PURSUANT TO REPUBLIC  ACT NO. 9495 DATED SEPTEMBER 7, 2007. ” xxxxx

xxxxx

xxxxx

Resolution No. 8537 dated November 12, 2008 entitled “ RULES

AND REGULATIONS ON : (A) BEARING, CARRYING OR TRANSP TRANSPORT ORTING ING FIREAR FIREARMS MS OR OTH OTHER ER DEADL DEADLY Y WEAPONS WEAPONS;; (B) SECURITY PERSONNEL OR BODYGUARDS; (C) BEARING ARMS BY    ANY ANY MEMB MEMBER ER OF SECU SECURI RITY TY OR PO POLI LICE CE ORGA ORGANI NIZA ZATI TION ON OF  GOVERNMENT GOVERNMENT AGENCIES AGENCIES AND OTHER SIMILAR ORGANIZA ORGANIZATION TION (D) ORGANI ORGANIZA ZATIO TION N OR MAINTE MAINTENAN NANCE CE OF REACTIO REACTION N FORCES FORCES DURI DURING NG TH THE E PLEBI PLEBISC SCIT ITE E PERI PERIOD OD IN CO CONN NNEC ECTIO TION N WITH WITH TH THE E DECEMBER 13, 2008 PLEBISCITE TO RATIFY THE CREATION OF  QUEZON DEL SUR AND THE RENAMING OF THE MOT MOTHER PROVINCE INTO QUEZON DEL NORTE PURSUANT TO REPUBLIC  ACT NO. 9495 DATED SEPTEMBER 7, 2007. ” xxxxx

xxxxx

xxxxx

Resolution No. 8538 dated November 12, 2008 entitled “ RULES

ON THE LIQUOR BAN IN CONNECTION WITH THE DECEMBER 13, 2008 PLEBISCITE TO RATIFY THE CREATION OF QUEZON DEL SUR  AND THE RENAMING OF THE MOTHER PROVINCE INTO QUEZON DEL DEL NO NORT RTE E PURS PURSUA UANT NT TO REPU REPUBL BLIC IC ACT ACT NO NO.. 9495 9495 DATED DATED SEPTEMBER 7, 2007.” xxxxx Resolu soluti tio on

xxxxx

dated d No. 8539 8539 date

xxxxx

Nove Novemb mber er 12, 12, 2008 2008 en enti titl tled ed

“ AUTHORITY OF THE COMMISSION ON ELECTIONS TO APPOINT,

FILL-UP FILL-UP POSITIONS AND TRANSFER OR REASSIGN ITS PERSONNEL IN CONNECTION WITH THE DECEMBER 13, 2008 PLEBISCITE TO RATIFY RATIFY THE CREATION OF QUEZON DEL SUR AND THE RENAMING

        6       e       g       a         P

OF THE MOTHER PROVINCE INTO QUEZON DEL NORTE PURSUANT TO REPUBLIC ACT NO. 9495.”; and

b.

refrai frain n from con conduct ductin ing g an any y fur furthe herr proc procee eedi ding ngs s with

respect to the actual and substantial interest over the resolution of this issue because public monies are poised to be spent on clearly unlawful purposes pending the resolution of this case. After due consideration of petitioners’ application for a writ of preliminary injunction, it is respectfully prayed that a writ of  preliminary injunction be issued on such bond as this Honorable Court Court may requ requir ire, e, order ordering ing the respo responde ndents nts,, their their attor attorney neys, s, representatives, agents and any other person assisting them or acting for and on their behalf: to refrain or desist from enforcing or impl implem emen enti ting ng Repub epubli lic c Act Act No. No. 9495 9495;; an and d to refra efrain in from from conducting any further proceedings with respect to proceedings with with respe espect ct to the the actu actual al an and d subs substa tant ntia iall in inte terrest est over over the the resolution of this issue because public monies are poised to be spent on clearly unlawful purposes pending the resolution of this case pending the resolution of this case. After due consideration of the the inst instan antt peti petiti tion on,, it is resp respec ectf tful ully ly pray prayed ed that that a writ writ of  certiorari be issued setting aside as unconstitutional u nconstitutional,, null and void Republic Act No. 9495, and making final the writ of preliminary inj njun unct ctio ion n

perpet rpetu ually ally

rest estrai raini ning ng

the

resp espond ondents, nts,

the heir ir

attorneys, representatives, agents and any other person assisting them or acting for and on their behalf, to refrain or desist from enforcing or implementing Republic Act No. 9495; and to refrain

        6       e       g       a         P

from cond onductin cting g

any furthe ther

procee oceed din ings gs with ith

resp espect to

disbursement disbursement of public funds. Petitioners likewise pray that after deliberation, the Division taking cognizance of this case, refer the same en consulta  en consulta  to the en banc . Court en banc 

Other reliefs, just and equitable are likewise prayed for. Makati City for Manila City. City. November 14, 2008. ESCOBIDO AND PULGAR LAW OFFICES

2nd Floor, Africa Bldg., #2041 Edison cor. Aragon Sts., Brgy. San Isidro, Makati City, Metro Manila   Telefax Telefax Nos.: 887-3120/887-3121 887-3120/ 887-3121 Website : katataspulong.blogspot.com E-mail : [email protected] [email protected] By : CELSO O. ESCOBIDO

Roll of Attorneys No. 23974 IBP No.: 738978/01-17-2008/Q 738978/01-17-2008/Quezon uezon City PTR No.: 9878790/01-17-2008 9878790/01-17-2008/Quezon /Quezon City V ER IF IC AT IO N

/

C ER TI FI CA TIO N

WE, FRUMENCI legal age, age, Filipin ilipino, o, with with FRUMENCIO O E. PULGAR, PULGAR, of legal postal postal address address at Sitio Sitio Paang Paang Bundok, Bundok, Brgy Brgy. 5, Calauag, Calauag, Quezon Quezon and HOBART DEVEZA DATOR, JR., of legal age, Filipino, postal addr addres ess s at Lucba ucban, n, Qu Quez ezon on,, subs subscr crib ibin ing g un unde derr oath oath,, he herreby eby depose and state, s tate, THAT THAT: 1.

We are are the the Pet Petit itio ione ners rs in the the abo above ve-e -ent ntit itle led d cas case; e;

2. We have caused the preparation of the foregoing Petition, read the contents thereof, and the allegations whereof  are true and correct of our knowledge and belief; 3. We have not commenced any other petition or proceeding involving the same issues in the Supreme Court, the Cour Courtt of Appe Appeal als, s, or diff differ eren entt Divi Divisi sion ons s ther thereo eoff or an any y othe otherr tribunal or agency;

        6       e       g       a         P

4. To the best of my knowledge, no similar Petition is pending in the Supreme Court, the Court of Appeals, or different Divisions thereof, thereof, or any a ny other tribunal agency; 5. If we sho should thereafter learn that a similar act action or proc procee eedi ding ng ha has s been been file filed d or is pend pendin ing g befo before re said said cour courts ts or tribunal, we hereby undertake to promptly inform this Honorable Court of that fact within five (5) days therefrom. therefrom. IN WITNESS WHEREOF, We have affixed our signature this  ___ day of ___________, 2008 in ___________________. ___________________.

FRUMENCIO E. PULGAR

HOBART DEVEZA DATOR, JR.

Affiant

Affiant

Comm Comm.. Tax Cert. ert. No. ________ __________ _____ Issued on _________________ Issued at _________________

Comm. omm. Tax Cert. ert. No. No. ____ __________ _________  ___  Issued on _________________   Issued at _________________  

SUBSCRIBED AND SWORN TO before me this ___ day of 

May, 2008 at the City of Makati, Metro Manila, affiant: is personally known to the notary public; identified by notary public through competent evidence of identity as defined by Rules on Notarial Practice of 2004, thru the ff: Driver’s

License

No.

 ____________  SSS ID No. _________________  GSIS ID No. _________________ 

 TIN ID No. _________________  Passport No. _______________  Company

I.D.

Com.

Tax

__________ ___________  _______________.

Cert. issued issued

No. on at

 ________________ 

Doc. No. _______; Page No. _______; Book No._______; Series of 2008. cc: OFFICE OF THE SOLICITOR GENERAL 

134 Amorsolo St. Legaspi Village, Makati City THE EXECUTIVE SECRETARY

Hon. Eduardo R. Ermita Room 234, Mabini Hall, Malacañang Palace, Manila. COMMISSION ON ELECTIONS (COMELEC)

Intramuros, Intramuros, Manila

        6       e       g       a         P

DEPARTMENT OF BUDGET AND MANAGEMENT

Malacañang Palace  JP Laurel Street, San Miguel, Manila NCR 1005

Republic of the Philippines ) City of Makati ) s.s. x ----------- ------------- -------------- ------------- - x

AFFIDAVIT

OF

SERVICE

I, JOMEL A. VALLES, as Liaison Liaison Officer Officer of Escobido Escobido and Pulgar Pulgar Law Offices Offices with office office address address at 2/F, Africa Africa Building Building,, #2041 #2041 Edison Edison corner corner Aragon Streets, San Isidro, Makati City, Metro Manila, subscribing under oath hereby depose and state, THAT:   That That on ___ ______ ______ ______ ______ ______ ______ ___,, I pleading/paper.

served served

a

copy copy

of

the the

follow following ing

Nature of Pleading

PETITION in SC G.R SP. No. ____________ entitled FRUMENCIO E. PULGAR and HOBART  DATOR, JR. -versus- SECRETARY EDUARDO R. ERMITA, in his capacity as the  EXECUTIVE SECRETARY, SECRETARY OF THE DEPARTMENT OF BUDGET, and  the COMMISSION ON ELECTIONS , pursuant to section 3, 4, 5 and 10, Rule 13

of the Rules of Court, as follows: By Personal Service Mail to: City of Manila

By Registered Mail Service under Registry Receipt No. ____________  On ______________ at ____________ To :

By Registered Mail Service under Regi egistry Rec Rece eipt No No. __ ____________ On ______________ at ____________ To :

By Registered Mail Service under Registry Rece eceipt No No. __ ____________  On ______________ at ____________ To :

THE EXECUTIVE SECRETARY

OFFICE OF THE SOLICITOR GENERAL  

SUPREME COURT

Hon. Eduardo R. Ermita Makati City Room 234, Mabini Hall, Malacañang Palace, Manila.

134 Amorsolo St. Legaspi Village,

By Registered Mail Service under Regi egistry Rec Rece eipt No No. __ ____________ On ______________ at ____________ To :

By Registered Mail Service under Registry Rece eceipt No No. __ ____________  On ______________ at ____________ To :

COMM OMMISSI SSION ON ON EL ELECTIO TIONS (COM (COME ELEC) EC)

DEPAR PARTME TMENT OF BUD BUDGE GET T AND AND MANAGEMENT

Intramuros, Manila

Malacañang Palace  JP Laurel Street, San Miguel, Manila NCR 1005

 ____________________. Makati City, Philippines.

        6       e       g       a         P

JOMEL A. VALLES

Affiant SUBSCRIBED AND SWORN TO before me this ___ th day of ___________, 2008

at the City of Makati, Metro Manila, affiant: is personally known to the notary public; was identifi identified ed by notary notary public public through through Compete Competent nt Evidence Evidence of Identity Identity as defined by Rules on Notarial Practice of 2004, thru the presentation/production of  the ff: Driver’s

License

No.

 _____________  SSS ID No. 33-4522830-8 GSIS ID No. _________________ 

Doc. No. _______; Page No. _______; Book No._______; Series of 2008.

TIN ID No. _________________ 

Com.

Passport No. _______________ 

13774922 issued on January 4, 2008 issued at Del Gallego, Camarines Sur.

Company

I.D.

Tax

Cert.

No.

 ________________ 

FRUMENCIO E. PULGAR Notary Public Until December 31, 2008 PTR No. 0997846 issued on January 10, 2008 at Makati City Metro Manila TIN No. 106201485

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