TAN v. COMELEC 142 SCRA 727 (Digested Case)

TAN v. COMELEC

Re: Limitations and requisites/Established criteria for LGU creation

FACTS: Prompted by the enactment of Batas Pambansa Blg. 885-An Act Creating a New Province in the Island of Negros to be known as the Province of Negros del Norte, Petitioners herein, who are residents of the Province of Negros Occidental, in the various cities and municipalities therein, filed a case for Prohibition for the purpose of stopping respondents from conducting the plebiscite which was scheduled "to be conducted in the proposed new province which are the areas affected, excluding the original province."

ISSUES: WON the law is unconstitutional and it is not in complete accord with the LGC as in Art. XI, Sec. 3, of the Constitution.

HELD: Yes. The cited provision plainly provides that, "no province, city, municipality or barrio may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code, and subject to the approval by a majority of the votes in a plebiscite in the unit or units affected." The phrase "the unit or units affected" refers to both the original province and the new province sought to be created as these political groups will both be affected. Hence, the two must be included in the plebiscite contemplated therein.