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.
(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
(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.