Tan
vs COMELEC, G.R. No. 73155 case brief summary
July
11, 1986
Facts:
The complainants are residents of Province of Negros Occidental. This
case is petition contesting the constitutionality of RA No. 885, An
Act Creating a New Province in the Island of Negros to be known as
the Province of Negros del Norte, effective Dec. 3, 1985. Pursuant to
and in implementation of this law, the COMELEC scheduled a plebiscite
for January 3, 1986 on the proposed new province. The plebiscite
resulted in the affirmative votes thus the proclamation of the new
province known as Negros del Norte.
Issue:
(1)This
case question whether as residents of the parent province, the
citizens should be included in the plebiscite as the constitution
provides that it should be conducted in the affected area
(2)They
also question the constitutionality of the law as the territory did
not reach the required minimum of 2500 sq.km
Rulings:
(Issue
1): The Supreme Court held the citizens of the parent province should
also be included in the plebiscite as they are also affected by the
division of the province. This division will cause an alteration to
the parent province’s territorial boundaries, political units as
well as may have adverse economic effects.
(Issue
2): Based on records, it was proved that the territorial boundaries
of the new province will not reach the required minimum of 3500
sq.km.
As
such, the Supreme Court ruled that RA No. 885 is unconstitutional.
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