Cagas v. COMELEC G.R. No. 209185 October 25, 2013 CARPIO, .
Marc Douglas Iv C. Cagas Pet!t!o"er# Res$o"%e"ts# Commission On Elections Represented By Its Chairman Atty. Atty. Sixto Brillantes Jr. Jr. And The Provincial Election Officer Of avao el S!r" S!r" Represented Represented By Atty. Atty. #a. $e%es Barlaan"Respondents. Barlaan"Respondents.
&AC'(#
Cagas, while he was representative of the first legislative district of Davao del Sur, filed with Hon. Hon. Franl Franlin in !autis !autista, ta, then then repres represent entati ative ve of the second second legisl legislati ative ve distri district ct of the same same province, House !ill "o. ##$% &H.!. "o. ##$%', a (ill creating the province of Davao Occidental. H.!. "o. ##$% was signed into law as )epu(lic *ct "o. %+-+ &).*. "o. %+-+', the Charter of the rovince of Davao Occidental. Section #- of ).*. "o. %+-+ provides for the date of the holding of a ple(iscite. Sec. #-. le(iscite. /he rovince of Davao Dav ao Occidental shall (e created, as provided for in this Charter, upon approval (0 the ma1orit0 of the votes cast ( 0 the voters of the affected areas in a ple(iscite to (e conducted and supervised (0 the Commission on Elections &COME2EC' within si3t0 &-+' da0s from the date of the effectivit0 of this Charter. *s earl0 as 45 "ovem(er 4+%4, prior to the effectivit0 of ).*. "o. %+-+, the COME2EC suspended the conduct of all ple(iscites as a matter of polic0 and in view of the preparations for the % Ma0 4+% "ational and 2ocal Elections. During a meeting held on % 6ul0 4+%, the COME2EC decided to hold the ple(iscite for the creation of Davao Occidental simultaneousl0 with the 47 Octo(er 4+% !aranga0 Elections to save on e3penses. Cagas filed a petition for prohi(ition, contending that the COME2EC is without authorit0 to amend or modif0 section #- of )* %+-+ (0 mere resolution (ecause it is onl0 Congress who can do so thus, COME2EC8s act of suspending the ple(iscite is unconstitutional. I(()E#
9hether or not the COME2EC act without or in e3cess of its 1urisdiction or with grave a(use of discretion amounting to lac or e3cess of 1urisdiction when it resolved to hold the ple(iscite for the creation of the rovince of Davao Occidental on 47 Octo(er 4+%, simultaneous with the !aranga0 Elections:
*EL+#
"o. /he petition is dismissed for lac of merit. /he COME2EC;s power to administer elections includes the power to conduct a ple(iscite (e0ond the schedule prescri(ed (0 law. /he conduct of a ple(iscite is necessar0 for the creation of a province. Sections %+ and %% of *rticle < of the Constitution provide that=
Sec. %+.
"o province, cit0, municipalit0, or (aranga0 ma0 (e created, divided, merged, a(olished, or its (oundar0 su(stantiall0 altered, e3cept in accordance with the criteria esta(lished in the local government code and su(1ect to approval (0 a ma1orit0 of the votes cast in a ple(iscite in the political units directl0 affected.
Sec. %%.
/he Congress ma0, (0 law, create special metropolitan political su(divisions, su(1ect toa ple(iscite as set forth in Section %+ hereof. /he component cities and municipalities shall retaintheir (asic autonom0 and shall (e entitled to their own local e3ecutive and legislative assem(lies./he 1urisdiction of the metropolitan authorit0 that will there(0 (e created shall (e limited to (asic services re>uiring coordination.
Section %+, *rticle < of the Constitution emphasi?es the direct e3ercise (0 the people of their sovereignt0. *fter the legislative (ranch;s enactment of a law to create, divide, merge or alter the (oundaries of a local government unit or units, the people in the local government unit or units directl0 affected vote in a ple(iscite to register their approval or disapproval of the change.
/he Constitution does not specif0 a date as to when ple(iscites should (e held. /his is in contrast with its provisions for the election of mem(ers of the legislature in Section 7, #, *rticle @II. /he Constitution recogni?es that the power to fi3 date of elections is legislative in nature, which is shown (0 the e3ceptions in previousl0 mentioned Constitutional provisions, as well as in the election of local government officials.
