Presidential Communications Operations Office



  PIA Bldg, Visayas Ave, Diliman, Quezon City, Philippines
  Tuesday, 15 October 2019 News Before 1 Feb 2012. Click for Latest
Web PIA  
 
home
 
about
 
fotos
 
info
 
links
 
ncrr01carr02r03calmimr05r06r07r08r09r10r11r12r13
 << October 2019 >> 
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
Special News Editions:
English.Tagalog.Cebuano
Ilocano.Waray.Hiligaynon
Pangasinan.Other
PIA Specials:
NEW! Cabinet Officials
Jobs.Slides.Specials.Ads. Events.ASEAN.Multimedia
Visitors since 15 Feb 2011:
PIA News Archive:
English.Tagalog.Cebuano
Waray.Hiligaynon.Ilocano
Pangasinan.All
PIA Archive News Reader

PIA Press Release
2010/02/12

Dinagat Islands townsfolk saddened by SC declaration of provincehood as 'unconstitutional'

San Jose, Dinagat Islands (PNA) (12 February) -- The townsfolk on this island were saddened by the Supreme Court's (SC) decision to declare as "unconstitutional" the law creating the province of Dinagat Islands, Governor Geraldine "Jade" B. Ecleo said on Friday.

"This is not favorable to our people in this already progressive island. We are very saddened about this new development," she said.

The governor said the provincial officials are appealing for a reconsideration of the high court's decision.

Ecleo said even though the provincial capitol has not yet officially received the decision of the SC on Thursday, the legal panel of the provincial capitol here is now preparing a motion for reconsideration.

The officials of Dinagat Islands including the chief executives and Sangguniang Bayan (SB) members in the different towns are also making representations for reconsideration and appeal on SC's ruling.

Dinagat Islands comprises the towns of Dinagat, San Jose, Basilisa, Cagdianao, Libjo, Tubajon and Loreto.

On the other hand, the governor's mother, Dinagat Islands Rep. Glenda Ecleo will also make a representation to reconsider the decision of the highest court.

Dinagat Islands is the home of Philippine Benevolent Missionary Association (PBMA) with more than 1 million members nationwide.

Dinagat Islands was part of the First District of the province of Surigao del Norte until it became a separate province on October 2, 2006 as stated in Republic Act No. 9355 or the Charter of the Province of Dinagat Islands.

However, on Thursday, a 30-page decision was penned by Associate Justice Diosdado Peralta, where the SC said Republic Act No. 9355 ("An Act Creating the Province of Dinagat Islands"), as well as Article 9 (2) of the Implementing Rules and Regulations (IRR) of the Local Government Code of 1991, are null and void.

The said provision states that "the land area requirement shall not apply where the proposed province is composed of one or more islands."

"The requirements for the creation of a province contained in Sec. 461 of the Local Government Code are clear, plain and unambiguous, and its literal application does not result in absurdity or injustice. Hence, the provision in Art. 9(2) of the IRR exempting a proposed province composed of one or more islands from the land-area requirement cannot be considered an executive construction of the criteria prescribed by the Local Government Code. It is an extraneous provision not intended by the Local Government Code and, therefore, is null and void," the SC ruled.

Dinagat Islands province, the SC said, only has an approximate land area of 802.12 square kilometers and thus, failed to comply with the land area requirement of 2,000 square kilometers to allow the creation of a new province.

Moreover, the SC said that Dinagat Islands also failed to comply with the population requirement of not less than 250,000 inhabitants as certified by the National Statistics Office (NSO).

A Census Population conducted by the NSO showed that the Dinagat Islands population as of May 2000 was only 106,951.

"In fine, R.A. No. 9355 failed to comply with either the territorial or the population requirement for the creation of the Province of Dinagat Islands. The Constitution clearly mandates that the creation of local government units must follow the criteria established in the Local Government Code. Any derogation of or deviation from the criteria prescribed in the Local Government Code violates Sec. 10, Art. X of the Constitution," the SC said.

Dinagat Islands is one of the three main groups of islands composing Surigao del Norte.

The other two are Mainland and Surigao City and Siargao Island and Bucas Grande.

Concurring with Peralta are Chief Justice Reynato Puno, Senior Associate Justice Antonio Carpio and Associate Justices Conchita Carpio Morales, Arturo Brion, Mariano Del Castillo, Martin Villarama Jr., Jose Perez and Jose Mendoza.

Associate Justice Antonio Eduardo Nachura wrote a dissenting opinion and was joined by Associate Justices Renato Corona, Presbitero Velasco Jr., Teresita Leonardo-De Castro, Lucas Bersamin and Roberto Abad. (PNA) [top]

|«  prev  next  »|
DAILY NEWS LIST:
»SSS members can now have easy access to internet
»Feature: 2010, year for census on population and housing
»UP Kontra-GaPi ethnic music and dance group to perform in Davao on Feb. 12-14
»Tagum's Welfare Code for Children now an ordinance
»Unionbank opens 181st branch in Dumaguete
»Negros Oriental State University scores 100% in 2009 nursing licensure exam
»1st Sidlakang Negros Int'l Festival opens February 12
»P31.5M KBP infra projects ongoing in Negros Oriental
»CLOA distribution highlights Siquijor Halad sa Katawhan
»Pregnant women must give birth in hospital, says Pangasinan Gov
|«  prev  next  »|

Philippine Official Gazette | Office of the President | Presidential Communications Operations Office
For comments and feedback, please email PIA Newsdesk
Copyright © 2005 Philippine Information Agency
PIA Building, Visayas Avenue, Diliman, Quezon City 1101 Philippines