GRINO v. COMELEC, 213 SCRA 672 (Digested Case)

GRINO v. COMELEC

Re: Limitations and requisites/Established criteria for LGU creation

FACTS: Petitioners alleged in substance that respondent acted without jurisdiction and with grave abuse of discretion when it disallowed the voters of the sub-province of Guimaras from voting for the governor and vice governor of Iloilo and the members of the Sangguniang Panlalawigan representing the second district of Iloilo. Petitioners further alleged that when R.A. 7160 was passed providing specifically for the creation of existing sub-provinces into a fullfledged province, it did not specifically provide that the voters of the sub-province shall no longer be allowed to vote for the provincial officials who, in case of a vote against its conversion into a regular province, would continue to represent said sub-province. Furthermore, respondent failed to inform the candidates and the voters of such disenfranchisement.

ISSUE:

(1) WON the act of the COMELEC in disallowing the voters of the subprovince of Guimaras to vote for certain officials is with legal basis.

(2) WON the petition for intervention of the petitioners should be granted.

HELD: No. The respondent was under mistaken presumption that under Sec. 462 of the 1991 LGC, whether or not the conversion of Guimaras into a regular province is ratified by the people in a plebiscite, the President will fill up the positions of provincial officials through appointment until their successors shall have been elected and qualified. The law however is clear that in case of a negative vote, the elected officials of the sub-province only shall be appointed by the President. The law did not provide that the President shall also appoint provincial officials of the sub-province because, by a negative vote, the people of the sub-province of Guimaras shall continue to be represented by the provincial officials of the province of Iloilo elected at large by registered voters of Iloilo province including the sub-province of Guimaras. However, it would serve no useful purpose if We undo all that the COMELEC had done in that plebiscite. It is more relevant to deal with the facts actually obtaining in the instant case. In the recently conducted plebiscite, the voters of the sub-province of Iloilo overwhelmingly voted for the approval of the conversion of Guimaras into a regular province. In this event, the President shall appoint, as in fact he already did appoint according to newspaper reports, the governor for the newly created province of Guimaras, and he shall also appoint a vice-governor and the member of the sangguniang panlalawigan in accordance with the third paragraph of Section 462 of R.A. 6170. The then sub-province of Guimaras is now a regular province, politically independent from the province of Iloilo. There is no more legal basis for the calling of a special election for the municipalities of Buenavista, Jordan and Nueva Valencia for the purpose of electing the governor and vice-governor of Iloilo and the members of the Sangguniang Panlalawigan of the second district thereof.

(2) No. The court issued a resolution denying the motion for intervention filed by Legaspi, Garin, Acanto, Javellana, Fernandez, Araneta, Salcedo and Tedoco because it had previously lifted the temporary restraining order and considering that they were not directly affected by the principal issue in the main petition which involved only the positions of governor, vice-governor and members of the Sangguniang Panlalawigan of the second district of Iloilo.