Miranda v Aguirre 1999 J.

Puno
Doctrine:

Section 1 of Article VIIIjudicial power as including the duty of the courts of

justice to settle actual controversies involving rights which are legally
demandable and enforceable and to determine whether or not there has been
a grave abuse of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the government.
o [Tanada v Cuenco] political questiona question of policy; question
which under the Constitution are to be decided by the people in their
sovereign capacity; delegated to the legislative or executive branch of
the government. Concerned with issues dependent upon the wisdom,
not legality, of a particular measure.
Plebiscite is absolute and mandatory; peoples plebiscite is require to achieve
a political purpose to use the peoples voice as a check against the
pernicious political practice of gerrymandering.

Nature:

Petition for a writ of prohibition with prayer for preliminary injunction assailing
the constitutionality of RA 8528 (converting the city of Santiago, Isabela from
independent component city to a component city.)

Petitioner:
Miranda-- MAYOR, filed the petition as mayor
AfiadoPresident of the Liga ng mga Barangay sa Santiago City
Dirige, Babaran and Cabuyadaoresidents and voters of the city of Santiago
Respondents:

AguirreExecutive Secretary; VelascoSecretary of Local Government;

EnriquezSecretary of Budget; COA; Comelec; DyGovernor of Isabela;
Sangguniang Panlalawigan of Isabela; PicioProvincial Admin; Chua
Provincial Treasurer

FACTS:

1994 RA 7720converted municipality of Santiago Isabela into an

independent component ciy was signed into law. People of Santiago ratified
RA 7720 in plebiscite
1998 R 8528 enactedamended RA 7720 changing status of Santiago from
independent component city to a component city
o **section 4 effectivitythis act shall take effect upon its approval (no
plebiscite)
Petitioner assail constitutionality of RA 8528
o Lacks ratification by the people of Santiago City
Respondentassailing standing of petitioner to file the petition; petition
raises a political question

SolGen
o petitioner not real parties in interest; RA 8528 merely reclassified
Santiago City from an independent component city to a component
city
o did not involve any creation, division, merger, abolition or substantial
alteration of boundaries of local government units,== plebiscite
unnecessary
Intervenor: (Aggabaomember of provincial board of Isabela)
o contended that both Constitution and LGC of 1991 do not require a
plebiscite to approve a law that merely allowed qualified voters of a
city to vote in provincial elections.
o rules implementing a LGC cannot require plebiscite
o petitioners lacked locus standi

ISSUES/HELD/RATIO

WON petitioners had Locus StandiYES

o Petitioner Miranda was mayor of Santiago City when he filed the
petitionthe change of status of Santiago City from independent to
component city will affect his powers as mayor
o Residents and voters of the cityhave the right to be heard in the
conversion of their city thru a plebiscite; denial of this right RA 8528
gives them proper standing to strike the law unconstitutional.
WON the court should back off on the ground that petition involves a political
questionNO
o Section 1 of Article VIIIjudicial power as including the duty of the
courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable and to determine whether or
not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of
the government.
o [Tanada v Cuenco] political questiona question of policy; question
which under the Constitution are to be decided by the people in their
sovereign capacity; delegated to the legislative or executive branch of
the government. Concerned with issues dependent upon the wisdom,
not legality, of a particular measure.
o [Casibang v Aquino]justiciable issue a purely justiciable issue
implies a given right, legally demandable and enforceable, an act or
omission violative of such right and a remedy granted and sanctioned
by law for said breach of right.
o petition presents a justiciable issueSection 10, Art Xpetitioners
have the right to approve or disapprove RA 8528 in plebiscite before it
can be enforeced; it is self-evident that the question WON petitioners
have the said right is a legal not a political question.
WON RA 8528 is unconstitutional YES
o The RA should be submitted to its people in a proper plebiscite Section
10 Art X

o
o

o
o

Power to create, divide, merge, abolish or substantially alter

boundaries of local government units belongs to the congress
Material change in the political and economic rights of the local
government units directly affected as well as the people thereinthe
common denominator for those enumerated in Section 10 Art X
Addressing the undesirable practice in the past where local
government units were created, abolishe, merged or divided on
the basis of politics, not welfare of the peopleconsent of the
people is required to serve as checking mechanism to any
exercise of legislative power.
RA 7720- required plebiscite; should not RA 8528 also require plebiscite
the rule covers all conversions upward or downlard in character
Addressing the congruence of the Constitution and the LGCit imposes
2 conditions1. Creation, division, merger, abolition or substantial
alteration of boundary of a local government unit must meet the
criteria fixed by the LGC; 2. The law must be approved by the people in
a plebiscite
Section 7, 8, 9 LGC fixing the criteria for income, population and
land areaserving an economic purpose
Peoples plebisciteserves a political purpose
Purpoe for downgrading of Santiago City:
[Tan v Comelec]- BP 885 enacted partitioning province of
Negros Occidental w/o plebiscite
Justice Teehankee cited illicit political purpose: scenario
was to have the creation of the new province by the time
elections were held on Feb 1986so that the new
governor and other officials shall by then have been
installed in office ready to function for purposes of the
election for President and VPpolitical machinery placed
to deliver solid North to ex-president Marcos
Mendoza J., Buena J., cited City of Oroquieta, Misamis Occidental and
City of San Carlos, Pangasinancharters were amended to allow their
people to vote and be voted upon in the election of officials of the
province to which their city belongs w/o submitting the amendment to
a plebiscite.
Not similar to case at hand since these two cities were not
independent; they only had charters but did not qualify to be
independent cities;
Later because of some chartered cities allowing some cities
voters to vote for provincial elections and some not having
charters cant votecongress amended other charters of
component cities prohibiting their people from voting in
provincial elections

IN VIEW WHEREOF, the petition is granted. RA 8528 is declared

unconstitutional and writ of prohibition is hereby issued commanding the
respondents to desist from implementing said law.