G.R. No. 123169 November 4, 1996 Petitioner's argument is simple and to the point.

Citing Section 74 (b) of

DANILO E. PARAS, petitioner,vs.COMMISSION ON ELECTIONS, respondent. Republic Act No. 7160, otherwise known as the Local Government Code,
which states that "no recall shall take place within one (1) year from the
Petitioner Danilo E. Paras is the incumbent Punong Barangay of Pula, date of the official's assumption to office or one (1) year immediately
Cabanatuan City who won during the last regular barangay election in preceding a regular local election", petitioner insists that the scheduled
1994. A petition for his recall as Punong Barangay was filed by the January 13, 1996 recall election is now barred as the Sangguniang
registered voters of the barangay. Acting on the petition for recall, public Kabataan (SK) election was set by Republic Act No. 7808 on the first
respondent Commission on Elections (COMELEC) resolved to approve the Monday of May 1996, and every three years thereafter. In support
petition, scheduled the petition signing on October 14, 1995, and set the thereof, petitioner cites Associated Labor Union v. Letrondo-Montejo, 237
recall election on November 13, SCRA 621, where the Court considered the SK election as a regular local
1995.1 At least 29.30% of the registered voters signed the petition, well election. Petitioner maintains that as the SK election is a regular local
above the 25% requirement provided by law. The COMELEC, however, election, hence no recall election can be had for barely four months
deferred the recall election in view of petitioner's opposition. On separate the SK election from the recall election. We do not agree.
December 6, 1995, the COMELEC set anew the recall election, this time The subject provision of the Local Government Code provides:
on December 16, 1995. To prevent the holding of the recall election, Sec. 74. Limitations on Recall. — (a) Any elective local official may be the
petitioner filed before the Regional Trial Court of Cabanatuan City a subject of a recall election only once during his term of office for loss of
petition for injunction, docketed as SP Civil Action No. 2254-AF, with the confidence.
trial court issuing a temporary restraining order. After conducting a (b) No recall shall take place within one (1) year from the date of the
summary hearing, the trial court lifted the restraining order, dismissed the official's assumption to office or one (1) year immediately preceding a
petition and required petitioner and his counsel to explain why they regular local election.
should not be cited for contempt for misrepresenting that the barangay
recall election was without COMELEC approval.2 It is a rule in statutory construction that every part of the statute must be
interpreted with reference to the context, i.e., that every part of the
In a resolution dated January 5, 1996, the COMELEC, for the third time, re- statute must be considered together with the other parts, and kept
scheduled the recall election an January 13, 1996; hence, the instant subservient to the general intent of the whole enactment.4 The evident
petition for certiorari with urgent prayer for injunction. On January 12, intent of Section 74 is to subject an elective local official to recall election
1996, the Court issued a temporary restraining order and required the once during his term of office. Paragraph (b) construed together with
Office of the Solicitor General, in behalf of public respondent, to comment paragraph (a) merely designates the period when such elective local
on the petition. In view of the Office of the Solicitor General's official may be subject of a recall election, that is, during the second year
manifestation maintaining an opinion adverse to that of the COMELEC, of his term of office. Thus, subscribing to petitioner's interpretation of the
the latter through its law department filed the required comment. phrase regular local election to include the SK election will unduly
Petitioner thereafter filed a reply.3 circumscribe the novel provision of the Local Government Code on recall,
a mode of removal of public officers by initiation of the people before the
end of his term. And if the SK election which is set by R.A No. 7808 to be The spirit, rather than the letter of a law determines its construction;
held every three years from May 1996 were to be deemed within the hence, a statute, as in this case, must be read according to its spirit and
purview of the phrase "regular local election", as erroneously insisted by intent.
petitioner, then no recall election can be conducted rendering inutile the
recall provision of the Local Government Code. Finally, recall election is potentially disruptive of the normal working of
In the interpretation of a statute, the Court should start with the the local government unit necessitating additional expenses, hence the
assumption that the legislature intended to enact an effective law, and prohibition against the conduct of recall election one year immediately
the legislature is not presumed to have done a vain thing in the preceding the regular local election. The proscription is due to the
enactment of a statute.5 An interpretation should, if possible, be avoided proximity of the next regular election for the office of the local elective
under which a statute or provision being construed is defeated, or as official concerned. The electorate could choose the official's replacement
otherwise expressed, nullified, destroyed, emasculated, repealed, in the said election who certainly has a longer tenure in office than a
explained away, or rendered insignificant, meaningless, inoperative or successor elected through a recall election. It would, therefore, be more
nugatory.6 in keeping with the intent of the recall provision of the Code to construe
It is likewise a basic precept in statutory construction that a statute should regular local election as one referring to an election where the office held
be interpreted in harmony with the Constitution.7 Thus, the by the local elective official sought to be recalled will be contested and be
interpretation of Section 74 of the Local Government Code, specifically filled by the electorate.
paragraph (b) thereof, should not be in conflict with the Constitutional Nevertheless, recall at this time is no longer possible because of the
mandate of Section 3 of Article X of the Constitution to "enact a local limitation stated under Section 74 (b) of the Code considering that the
government code which shall provide for a more responsive and next regular election involving the barangay office concerned is barely
accountable local government structure instituted through a system of seven (7) months away, the same having been scheduled on May 1997. 9
decentralization with effective mechanism of recall, initiative, and
referendum . . . ." ACCORDINGLY, the petition is hereby dismissed for having become moot
and academic. The temporary restraining order issued by the Court on
Moreover, petitioner's too literal interpretation of the law leads to January 12, 1996, enjoining the recall election should be as it is hereby
absurdity which we cannot countenance. Thus, in a case, the Court made made permanent.
the following admonition:
SO ORDERED
We admonish against a too-literal reading of the law as this is apt to
constrict rather than fulfill its purpose and defeat the intention of its
authors. That intention is usually found not in "the letter that killeth but in Separate Opinions
the spirit that vivifieth". . .8 DAVIDE, JR., J., concurring:

I concur with Mr. Justice Ricardo J. Francisco in his ponencia.

 the rules on registration prescribed in the Omnibus Election Code (Section
However, I wish to add another reason as to why the SK election cannot 113-118).
be considered a "regular local election" for purposes of recall under
Section 74 of the Local Government Code of 1991. Under the law, the SK includes the youth with ages ranging from 15 to 21
(Sec. 424, Local Government Code of 1991). Accordingly, they include
The term "regular local election" must be confined to the regular election many who are not qualified to vote in a regular election, viz., those from
of elective local officials, as distinguished from the regular election of ages 15 to less than 18. In no manner then may SK elections be
national officials. The elective national officials are the President, Vice- considered a regular election (whether national or local).
President, Senators and Congressmen. The elective local officials are
Provincial Governors, Vice-Governors of provinces, Mayors and Vice- Indeed the Sangguniang Kabataan is nothing more than a youth
Mayors of cities and municipalities, Members of the Sanggunians of organization, and although fully recognized in the Local Government Code
provinces, cities and municipalities, punong barangays and members of and vested with certain powers and functions, its elective officials have
the sangguniang barangays, and the elective regional officials of the not attained the status of local elective officials. So, in Mercado vs. Board
Autonomous Region of Muslim Mindanao. These are the only local of Election Supervisors (243 SCRA 422 [1995]), this Court ruled that
elective officials deemed recognized by Section 2(2) of Article IX-C of the although the SK Chairman is an ex-officio member of the sangguniang
Constitution, which provides: barangay — an elective body — that fact does not make him "an elective
barangay official," since the law specifically provides who comprise the
Sec. 2. The Commission on Elections shall exercise the following powers elective officials of the sangguniang barangay, viz., the punong barangay
and functions: and the seven (7) regular sangguniang barangay members elected at large
by those qualified to exercise the right of suffrage under Article V of the
(2) Exercise exclusive original jurisdiction over all contests relating to the Constitution, who are likewise registered voters of the barangay. This
elections, returns, and qualifications of all elective regional, provincial, shows further that the SK election is not a regular local election for
and city officials, and appellate jurisdiction over all contests involving purposes of recall under Section 74 of the Local Government Code.
elective municipal officials decided by trial courts of general jurisdiction,
or involving elective barangay officials decided by trial courts of limited .
jurisdiction. LUCERO VS COMELEC
after the issues had been joined in these consolidated cases, the Court
A regular election, whether national or local, can only refer to an election resolved to give due course to the petitions therein and to decide the
participated in by those who possess the right of suffrage, are not cases on the merits. It can no longer allow the parties to delay these
otherwise disqualified by law, and who are registered voters. One of the cases. Their legal skirmishes, which have unduly magnified uncomplicated
requirements for the exercise of suffrage under Section 1, Article V of the issues, have effectively deprived the people of the Second Legislative
Constitution is that the person must be at least 18 years of age, and one District of Northern Samar of representation in the House of
requisite before he can vote is that he be a registered voter pursuant to Representatives for more than two years now.
 4. Order a recount of the votes for Representative of the Second District
These cases are sequels to G. R. No. 105717, entitled "Jose L. Ong, Jr. vs. of Northern Samar in Precinct 16, Barangay Tubgon, and Precinct 7,
Commission on Elections and Wilmar P. Lucero," which we finally resolved Barangay Camayaan, both of Silvino Lobos, pursuant to Section 234 of the
on 22 April 1993. 1 The petitioners were two of the five candidates 2 for Omnibus Election Code;
the Second Legislative District of Northern Samar in the synchronized
national and local elections held on 11 May 1992. 5. Order a recount of the votes for Representative in the 52 precincts
herein above enumerated in order to correct "manifest errors" pursuant
The canvass of the Provincial Board of Canvassers (PBC) of Northern to Section 15 of Republic Act 7166 and for this purpose order the
Samar credited Jose L. Ong, Jr. with 24,272 votes and Wilmar P. Lucero impounding and safekeeping of the ballot boxes of all said precincts in
with 24,068 votes, or a lead by Ong of 204 votes. However, this tally did order to preserve the integrity of the ballots and other election
not include the results of Precinct No. 7 of the municipality of Silvino paraphernalia contained therein. 3. On 2 June 1992, the COMELEC, acting
Lobos, where the submitted election returns had not been canvassed on Lucero's urgent manifestation, directed the PBC to desist from
because they were illegible; of Precinct No. 13 of Silvino Lobos, where the reconvening until further orders.
ballot boxes were snatched and no election was held; and of Precinct No.
16, also of Silvino Lobos, where all copies of the election returns were On 8 June 1992, Ong moved to lift the suspension of the proceedings by
missing. the PBC, which Lucero opposed on 10 June 1992 on the ground that the
canvass could not be completed even if the PBC were to reconvene
On 22 May 1992, Lucero asked the Commission on Elections (COMELEC), because no election was held in Precinct No. 13 (Barangay Gusaran) of
in SPA No. 92-282, to: Silvino Lobos and there was no canvassing of the votes in Precinct No. 7
(Barangay Camayaan) and Precinct No. 16 (Barangay Tubgon) both of
1. Forthwith order Respondent Provincial Board of Canvassers for Silvino Lobos.
Northern Samar to suspend the proclamation of Private Respondent Jose
L. Ong, Jr.; On 13 June 1993, the COMELEC en banc promulgated a resolution, the
dispositive portion of which reads:
2. Direct Respondent Provincial Board of Canvassers for Northern Samar
to correct the Certificate of Canvass (CEF 20) for Las Navas and, Accordingly, the Commission hereby orders the Provincial Election
accordingly, to correct the total votes so far counted by it for Petitioner Supervisor of Northern Samar to bring to the Commission within three (3)
from 24,068 to 24,088, thus reducing the margin it found in favor of days from receipt hereof the ballot boxes from Precinct 7 and 16 of Silvino
Private Respondent Jose L. Ong, Jr. from 204 to 184 votes only; Lobos, to be escorted by representatives from the petitioner and the
respondents as well as other parties who have an interest to protect, and
3. Order a special election in Precinct 13, Barangay Gusaran, Silvino Lobos, to notify said parties hereof. The Municipal Treasurer of said town is
pursuant to Section 6 of the Omnibus Election Code; directed to turn over custody of said ballot boxes to the Provincial
Election Supervisor, and the keys thereof shall likewise be turned over by
the appropriate officials in custody thereof to the PES, who shall in turn ballots in Precinct No. 16 by a SBEI which recorded 43 votes for Lucero
give one key for each ballot box to the duly authorized representatives of and 2 votes for Ong. 6
the petitioner and the respondent.
On 25 June 1992, this Court issued in G. R. No. 105717 a temporary
The Commission likewise orders the Election Registrar of Silvino Lobos, restraining order against the implementation by the COMELEC of its Order
Northern Samar, and the Chairman and members of the Boards of of 2 June 1992 and its Resolution of 13 June 1992.
Election Inspectors of Precincts 7 and 16 of said municipality to appear
before the Commission within three (3) days from receipt hereof. On 23 December 1992, this Court promulgated its decision in G. R. No.
105717, 7 the dispositive portion of which reads:
Below the signatures of the Chairman and the six Commissioners,
however, Chairman Christian S. Monsod and Commissioners Haydee B. WHEREFORE, the petition for certiorari is GRANTED and a writ of
Yorac, Dario C. Rama and Regalado E. Maambong directed as follows: preliminary injunction is hereby ISSUED directing the COMELEC to CEASE
and DESIST from implementing its order of June 2, 1992, and its
We vote in favor of this resolution except that portion which denied the resolution dated June 13, 1992, and the same are hereby declared
correction of the Certificate of Canvass for Las Navas. Correction of the NULLIFIED. Consequently, the election returns based on the recounted
Certificate of Canvass for Las Navas is in order in view of the testimony of ballots from Precinct 16 are hereby DISCARDED and in lieu thereof,
the election registrar of Las Navas to the effect that Wilmar Lucero authentic returns from said precinct should instead be made a basis for
garnered 2,537 votes for Las Navas and not 2,517. Petition for correction the canvassing. The Provincial Board of Canvassers of Northern Samar is
was duly filed by Lucero with the Provincial Board of Canvassers of hereby directed to PROCEED WITH DISPATCH in the canvassing of ballots
Northern Samar on May 19, 1992. The Provincial Board of Canvassers of until completed and to PROCLAIM the duly elected winner of the
Northern Samar is therefore directed to retabulate the total number of congressional seat for the Second District of Northern Samar.
votes for Las Navas for Lucero and enter the same in the Provincial
Certificate of Canvass. 4 This decision is immediately executory. 8

On 15 June 1992, Lucero filed an urgent motion to constitute a Special Acting on the motions for reconsideration and clarification respectively
Board of Election Inspectors (SBEI) to count the votes of Precincts Nos. 7 filed by the COMELEC and Lucero, this Court, on 22 April 1993, modified 9
and 16 of Silvino Lobos.5 its aforesaid disposition in G. R. No. 105717 as follows;

On 20 June 1992, Ong, in a special civil action for certiorari filed with this IN VIEW OF ALL THE FOREGOING, the dispositive portion of the December
Court and subsequently docketed as G. R. No. 105717, questioned the 23, 1992 Decision is hereby MODIFIED to read as follows;
order for the recount of ballots in Precincts No. 7 and 16. Despite the
pendency of this petition, the COMELEC ordered the recount of the "WHEREFORE, THE PETITION IS GRANTED. THE JUNE 2, 1992 ORDER OF
RESPONDENT COMMISSION ON ELECTIONS IN SPA NO. 92-282 IS HEREBY
ANNULLED AND SET ASIDE. ITS JUNE 13, 1992 RESOLUTION THEREIN IS
LIKEWISE ANNULLED AND SET ASIDE INSOFAR AS IT AFFECTS PRECINCT Conformably with the aforesaid modified judgment in G. R. No. 105717,
NO. 7 OF SILVINO LOBOS, THE RECOUNT OF VOTES IN THE 52 OTHER SPA No. 92-282 was raffled to the First Division of the COMELEC which
PRECINCTS AND THE CORRECTION OF THE CERTIFICATE OF CANVASS OF conducted hearings thereon and received the arguments and evidence of
LAS NAVAS, BUT IS AFFIRMED WITH RESPECT TO THE ISSUE OF HOLDING both parties who then submitted their respective memoranda on 25 June
A SPECIAL ELECTION IN PRECINCT NO. 13 AND THE RECOUNT OF THE 1994. However, during the consultations on the case by the Members of
BALLOTS IN PRECINCT the First Division, the concurrence of at least two of them could not be
NO. 16. obtained; accordingly, pursuant to the COMELEC Rules, the case was
elevated for proper disposition to the COMELEC en banc to which the
THE RESPONDENT COMMISSION ON ELECTIONS IS HEREBY DIRECTED TO parties submitted their respective memoranda on 19 November 1993. 12
ASSIGN SPA NO. 92-282 TO ANY OF ITS DIVISIONS PURSUANT TO ITS RULE
ON RAFFLE OF CASES FOR IT TO RESOLVE THE PRE-PROCLAMATION ISSUES On 7 January 1994, the COMELEC en banc promulgated a resolution 13
THEREIN, TAKING INTO ACCOUNT THE ABOVE PRONOUNCEMENTS AND whose dispositive portion reads as follows:
THE EXCEPTIONS PROVIDED FOR IN SECTION 15 OF R. A. NO. 7166.
1. To direct the special Provincial Board of Canvassers for Northern Samar
WHENEVER WARRANTED BY THE CIRCUMSTANCES, THE COMMISSION (a) to include in the municipal certificate of canvass of Silvino Lobos the
MAY (A) CALL A SPECIAL ELECTION IN PRECINCT NO. 13 OF SILVINO forty-three (43) votes of petitioner Lucero and the two (2) votes of private
LOBOS, NORTHERN SAMAR, AND (B) RECONVENE THE SPECIAL respondent Ong as reflected in the election returns of Precinct No. 16
MUNICIPAL BOARD OF CANVASSERS AND THE SPECIAL PROVINCIAL (Barangay Tubgon) prepared by the special Board of Election Inspectors
BOARD OF CANVASSERS IT HAD EARLIER CONSTITUTED OR CREATE NEW constituted by the Commission to recount the votes (ballots) in said
ONES. precinct, as canvassed by the special Municipal Board of Canvassers for
Silvino Lobos; (b) to include in the municipal certificate of canvass of
ALL THE FOREGOING SHOULD BE DONE WITH PURPOSEFUL DISPATCH TO Silvino Lobos, the sixty-one (61) votes of private respondent Ong and 29,
THE END THAT THE WINNING CANDIDATE FOR CONGRESSMAN 30, or 31 votes of petitioner Lucero as reflected in the election returns
REPRESENTING THE SECOND CONGRESSIONAL DISTRICT OF NORTHERN (MBC Copy submitted as "Comelec Copy") of Precinct No. 7 (Barangay
SAMAR MAY BE PROCLAIMED AS SOON AS POSSIBLE." 10 Camaya-an), as canvassed by the special Municipal Board of Canvassers
for Silvino Lobos; (c) to retabulate the total number of votes of petitioner
As to the certificate of canvass of the municipality of Las Navas, this Court Lucero for the Municipality of Las Navas and to enter in the provincial
explicitly stated; certificate of canvass the correct total which is two thousand five hundred
thirty-seven (2,537) as reflected in the Statement of Votes (C. E. Form 20-
The correction of the certificate of canvass of Las Navas is likewise in A) prepared and submitted by the Municipal Board of Canvassers for Las
order. Even though a pre-proclamation issue is involved, the correction of Navas; and (d) to submit to the Commission a computation of the votes of
the manifest error is allowed under Section 15 of R. A. No. 7166. 11 the contending parties including therein all the votes of petitioner Lucero
(with alternative totals) and private respondent Ong, in Precinct Nos. 7 (2) the authority of the COMELEC to call for a special election in Precinct
and 16 of Silvino Lobos and the total votes of petitioner Lucero in the No. 13 almost two years after the regular election.
Municipality of Las Navas as corrected. However, under no circumstances
should the Board proclaim any winning candidate until instructed to do so As we see it, the core issues in these consolidated cases are:
by the Commission;
(1) Whether there should first be a count of the ballots of Precinct No. 7
2. To issue an Order calling for a special election in the last remaining of Silvino Lobos before determining the necessity of holding a special
Precinct No. 13 (Barangay Gusaran) of the Municipality of Silvino Lobos if election in Precinct No. 13 of Silvino Lobos:
justified by the result of the canvass by the Provincial Board of Canvassers
for Northern Samar, and to notify the parties of the schedule of election (2) Whether the COMELEC acted with grave abuse of discretion in
activities for that precinct; and ordering the correction of the alleged manifest error in the Municipal
Certificate of Canvass of Las Navas; and
3. After including in the tabulation the results of the special election of
Precinct No. 13, to decide the issue of the recount of the votes (ballots) of (3) Whether the COMELEC acted with grave abuse of discretion in calling
Precinct No. 7 of Silvino Lobos, pursuant to Section 236 of the Omnibus for a special election in Precinct No. 13 after almost two (2) years, or more
Election Code, to resolve the discrepancy of the votes of petitioner Lucero specifically after one (1) year and ten (10) months, following the day of
in the same return, if such discrepancy of votes of the candidates the synchronized elections.
concerned would affect the over-all results of the election after the
totality of the votes of the contending parties shall have been We shall take up these issues seriatim.
determined.
I.The answer to the first issue is in the affirmative.
Both Lucero and Ong have come to this Court by way of separate special We find the COMELEC's disposition regarding Precinct No. 7 to be unclear.
civil actions for certiorari to challenge the Resolution. In the first paragraph of the dispositive portion of the challenged
resolution, it directs the Provincial Board of Canvassers "to include in the
In G. R. No. 113107, Lucero maintains that (1) the count of the ballots in municipal certificate of canvas of Silvino Lobos the sixty-one (61) votes of
Precinct No. 7 of Silvino Lobos must be unconditional because the private respondent Ong and 29, 30, or 31 votes of petitioner Lucero as
election returns therefrom are invalid; and (2) his chances in the special reflected in the election returns (MBC copy submitted as "COMELEC
election in Precinct No. 13 of Silvino Lobos would be spoiled if the returns Copy") of Precinct No. 7 (Barangay Camaya-an), as canvassed by the
for Precinct No. 7 were to be included beforehand in the canvass. special Municipal Board of Canvassers for Silvino Lobos," and "to submit
to the Commission a computation of the votes of the contending parties
In G. R. No. 113509, Ong questions (1) the authority of the COMELEC to including therein all the votes of petitioner Lucero (with alternative totals)
order the correction of the alleged manifest error in the Municipal and private respondent Ong, in Precinct Nos. 7 and 16 of Silvino
Certificate of Canvass of Las Navas despite the absence of any appeal; and Lobos. . . ." On the other hand, in the fourth paragraph of the said
dispositive portion, it orders the Provincial Board of Canvassers, after "would affect the result of the election." This "result of the election"
"including in the tabulation the results of the special election of Precinct means the net result of the election in the rest of the precincts in a given
No. 13," to "decide the issue of the recount of the votes (ballots) of constituency, such that if the margin of a leading candidate over that of
Precinct No. 7 of Silvino Lobos, pursuant to Section 236 of the Omnibus his closest rival in the latter precincts is less than the total number of
Election Code [and] to resolve the discrepancy of the votes of petitioner votes in the precinct where there was failure of election, then such failure
Lucero in the same return, if such discrepancy of votes of the candidate would certainly affect "the result of the election"; hence, a special
concerned would affect the over-all results of the election after the election must be held. Consequently, the holding of a special election in
totality of the votes of the contending parties shall have been Precinct No. 13 can only be determined after the votes in Precinct No. 7
determined." shall have been included in the canvass by the Provincial Board of
Canvassers.
Obviously, instead of ordering an outright recount of the ballots of
Precinct No. 7, the COMELEC would first give full faith and credit to the We may further state that the so-called "Comelec Copy" of the election
questioned election returns thereof, which it describes as the "Comelec returns of Precinct No. 7 can by no means be validly included in the
Copy," and, accordingly, direct the PBC to include in the municipal municipal canvass. The summary of the evidence in the "preparation" of
certificate of canvass of Silvino Lobos the 61 votes for Ong and the the election returns of Precinct No. 7, both in the challenged Resolution
uncertain votes for Lucero — 29, 30, or 31. The recount would only be and in the separate Concurring and Dissenting Opinion of Commissioners
made if after a special election in Precinct No. 13 shall have been held, it Gorospe and Claravall, leaves no room for doubt that there was actually
shall be determined that such a recount would be necessary. no counting of the votes in Precinct No. 7. Quoted in the challenged
Resolution is a portion of the testimony of Sabina T. Jarito, Precinct
We fail to grasp the logic of the proposition. First, it is clear to us that the Chairman of Precinct No. 7, which clearly shows that on questions by
COMELEC, which has in its possession the so-called "Comelec Copy" of the COMELEC Chairman Christian S. Monsod and Commissioner Vicente B. de
questioned election returns of Precinct No. 7 and heard the witnesses Lima, the witness candidly admitted that the election returns were
who testified thereon, doubts the authenticity of the so-called "Comelec prepared at the "munisipyo" or municipal building and not at the polling
Copy" of the election returns of Precinct No. 7; 14 hence, it authorizes the place of Precinct No. 7 in barangay Camaya-an. 15 This "munisipyo" is
PBC to decide the issue of a recount "pursuant to Section 236 of the located at the poblacion of Silvino Lobos. Under the law, the board of
Omnibus Election Code." Since it doubts such authenticity, it could not, election inspectors shall prepare the election returns simultaneously with
without arbitrariness and abuse of discretion, order the inclusion of the the counting of votes in the polling place. 16 There is no evidence
"votes" of Ong and Lucero found in the doubtful "Comelec Copy" of the whatsoever that the COMELEC had, for valid reasons, authorized the
election returns in the municipal certificate of canvass. Second, it is an transfer of venue of the counting of the votes of Precinct No. 7 from the
uncontroverted fact that an election was held in Precinct No. 7. None was polling place in barangay Camaya-an to the municipal building and that
held in Precinct No. 13 for reasons the parties fully knew. Pursuant to the counting did in fact take place at the latter. Although in the Concurring
Section 6 of the Omnibus Election Code (B.P. Blg. 881), a special election and Dissenting Opinion of Commissioners Gorospe and Claravall there is a
may be held in Precinct No. 13 only if the failure of the election therein reference to Exhibit "E," the Joint Affidavit of Sabina Jarito and Mevilyn
Surio wherein they declare that after the voting the Board of Election Since no motion for reconsideration was filed in that case, the decision
Inspectors unanimously approved to transfer the counting of votes to the therein became final and entry of judgment was made on 4 August 1993.
Municipal Building in the Poblacion of Silvino Lobos, which was allegedly Consequently, Ong cannot now re-litigate the issue of the correction of
concurred in by all the watchers of political parties and the candidates the certificate of canvass of Las Navas.
present, the alleged "counting" at the municipal building was denied by
no less than the Municipal Election Officer of Silvino Lobos, Antonio III.On the authority of the COMELEC to order the holding of a special
Tepace, and the Municipal Treasurer thereof, Mr. Gabriel Basarte, in their election, Section 6 of the Omnibus Election Code provides:
affidavits marked as Exhibit "F" and Exhibit "G,"
respectively. 17 Sec. 6. Failure of election. — If, on account of force majeure, violence,
terrorism, fraud, or other analogous causes the election in any polling
Since there was no counting of the votes of Precinct No. 7, no valid place has not been held on the date fixed, or had been suspended before
election returns could be made and any copy of election returns the hour fixed by law for the closing of the voting, or after the voting and
purporting to come therefrom is a fabrication. A recount thereof, which during the preparation and the transmission of the election returns or in
presupposes a prior count, would obviously be unwarranted. the custody or canvass thereof, such election results in a failure to elect,
and if in any of such cases the failure or suspension of election would
Only a count then of the votes of Precinct No. 13 would heretofore be in affect the result of the election, the Commission shall, on the basis of a
order. Sections 234, 235, and 236 of the Omnibus Election Code are thus verified petition by any interested party and after due notice and hearing,
still inapplicable. And, in the light of what we stated before in relation to call for the holding or continuation of the election not held, suspended or
the holding of a special election, such a count of the votes of Precinct No. which resulted in a failure to elect on a date reasonably close to the date
7 must, perforce, precede the special election in Precinct No. 13. of the election not held, suspended or which resulted in a failure to elect
but not later than thirty days after the cessation of the cause of such
II.Ong's first grievance in G. R. No. 113509 is without merit. postponement or suspension of the election or failure to elect.

The order of the COMELEC for the correction of the manifest error in the The first paragraph of Section 4 of R. A. No. 7166 likewise provides:
municipal certificate of canvass of Las Navas was made pursuant to the
declaration made by this Court in G. R. No. 105717 (Ong vs. COMELEC) 18 Sec. 4. Postponement, Failure of Election and Special Elections. — The
that: postponement, declaration of failure of election and the calling of special
elections as provided in Sections 5, 6 and 7 of the Omnibus Election Code
The correction of the certificate of canvass of Las Navas is likewise in shall be decided by the Commission sitting en banc by a majority votes of
order. Even though a pre-proclamation issue is involved, the correction of its members. The causes for the declaration of a failure of election may
the manifest error is allowed under Sec. 15 of R. A. No. 7166. occur before or after the casting of votes or on the day of the election.
There are, therefore, two requisites for the holding of special elections
under Section 6 of the Omnibus Election Code, viz., (1) that there is a On the basis of the additional votes credited so far to the parties, 20 the
failure of election, and (2) that such failure would affect the results of the following computation is in order: to Ong's 24,272 votes will be added 2
election. The parties admit that the failure of the election in Precinct No. more from Precinct No. 16, to make a total of 24,274, while to Lucero's
13 was due to ballot-box snatching and do not dispute the finding of the 24,068 votes will be added 20 more from Las Navas and 43 from Precinct
COMELEC as to the necessity and inevitability of the holding of a special No. 16, for a total of 24,131. Ong's earlier lead will thus be reduced to
election in said precinct, even if the result of Precinct No. 7 should be 143, which is admittedly less than the 213 registered voters in Precinct
based on the questionable "Comelec Copy" of its election returns. The No. 13. 2 1The two requirements then for a special election under Section
COMELEC held: 6 of the Omnibus Election Code have indeed been met.

Based on the adjudged correction of the votes in favor of petitioner In fixing the date of the special election, the COMELEC should see to it
Lucero in the Municipality of Las Navas, the results of the recount of votes that: (1) it should be not later than thirty days after the cessation of the
(ballots) of Precinct No. 16 (Silvino Lobos), and the votes reflected in the cause of the postponement or suspension of the election or the failure to
available copy of the election returns for Precinct No. 7 (Silvino Lobos), it elect, and (2) it should be reasonably close to the date of the election not
is safe to predict that when the special Provincial Board of Canvassers will held, suspended, or which resulted in failure to elect. The first involves
reconvene to sum up the votes of the contending parties, the original lead questions of fact. The second must be determined in the light of the
of private respondent Ong of two hundred four (204) votes against peculiar circumstances of a case. In the instant case, the delay was not
petitioner Lucero — 24,272 as against 24,068 — will be reduced to either attributable to the poor voters of Precinct No. 13 or to the rest of the
175 or 173 depending on whether Lucero will be credited a low of 29 or a electorate of the Second Legislative District of Northern Samar. The delay
high of 31 votes as reflected in the election returns of Precinct No. 7. was, as stated in the opening paragraph of this ponencia, primarily caused
by the legal skirmishes or maneuvers of the petitioners which muddled
Without preempting the exact figures which only the special Provincial simple issues. The Court takes judicial notice of the fact that G. R. No.
Board of Canvassers can correctly determine, undoubtedly it is inevitable 113509 is the third case Ong has brought to this Court. 22 Considering
that a special election will have to be held in Precinct No. 13 (Barangay then that the petitioners themselves must share the blame for the delay,
Gusaran) of the Municipality of Silvino Lobos. and taking into account the fact that since the term of the office of the
Given the established lead of private respondent Ong over petitioner contested position is only three years, the holding of a special election in
Lucero, We answer in the affirmative. According to Comelec records, the Precinct No. 13 within the next few months may still be considered
number of registered voters in Precinct No. 13 is two hundred thirteen "reasonably close to the date of the election not held." Ong's postulation
(213). Since the lead of respondent Ong is less than the number of should then be rejected.
registered voters, the votes in that precinct could affect the existing result
because of the possibility that petitioner Lucero might get a majority over In the course of the deliberations on these cases, the Court considered
Ong in that precinct and that majority might be more than the present the possible application, by analogy, of Section 10, Article VII of the 1987
lead of Ong. 19 Constitution providing that no special election in the event of a vacancy in
the Offices of the President and Vice President "shall be called if the people of the Second Legislative District of Northern Samar would be
vacancy occurs within eighteen months before the date of the next unrepresented in the House of Representatives until the special election
presidential election," and of the second paragraph of Section 4 of R. A. shall ultimately determine the winning candidate, such that if none is
No. 7166 which provides: held, they would have no representation until the end of the term. under
the aforesaid constitutional and statutory provisions, the elected officials
In case a permanent vacancy shall occur in the Senate or House of have already served their constituencies for more than one-half of their
Representatives at least one (1) year before the expiration of the term, terms of office. Fourth, if the law had found it fit to provide a specific and
the Commission shall call and hold a special election to fill the vacancy not determinate time-frame for the holding of a special election under
earlier than sixty (60) days nor longer than ninety (90) days after the Section 6, then it could have easily done so in Section 4 of R. A. No. 7166.
occurrence of the vacancy. However, in case of such vacancy in the
Senate, the special election shall be held simultaneously with the next Another serious obstacle to Ong's proposition is that, considering the
succeeding regular election. COMELEC's disposition of Precinct No. 7 in the challenged Resolution, he
would then be declared and proclaimed the duly elected Representative
A view was expressed that we should not hold the special election of the Second Legislative District of Northern Samar despite the fact that
because the underlying philosophy for the prohibition to hold the special as earlier observed, there was no counting of the votes of Precinct No. 7,
election if the vacancy occurred within a certain period before the next and the results of the district elections for Representative would be
presidential election or the next regular election, as the case may be, is affected by the failure of the election in Precinct No. 13. To accept the
obviously the avoidance of the expense to be incurred in the holding of a proposition is to allow a proclamation based on an incomplete canvass
special election when a regular election is, after all, less than a year away. where the final result would have been affected by the uncanvassed result
The Court ultimately resolved that the aforesaid constitutional and of Precinct No. 7 and by the failure of the election in Precinct No. 13 and
statutory proscriptions are inapplicable to special elections which may be to impose upon the people of the Second Legislative District of Northern
called under Section 6 of the Omnibus Election Code. First, the special Samar a Representative whose mandate is, at the very least, uncertain,
election in the former is to fill permanent vacancies in the Office of the and at the most, inexistent.
President, Vice President, and Members of Congress occurring after the
election, while the special election under the latter is due to or by reason IN VIEW OF ALL THE FOREGOING, judgment is hereby rendered:
of a failure of election. Second, a special election under Section 6 would I. DISMISSING, for lack of merit, the petition in G. R. No. 113509; and
entail minimal costs because it is limited to only the precincts involved II. In G. R. No. 113107, DIRECTING the respondent Commission on
and to the candidates who, by the result of the election in a particular Elections to:
constituency, would be affected by the failure of election. On the other
hand, the special election for the Offices of the President, Vice President, (1) Reconvene, in its main office of Manila, within five (5) days from notice
and Senators would be nation-wide, and that of a Representative, district- hereof, the Special Board of Canvassers of the municipality of Silvino
wide. Third, Section 6, when specifically applied to the instant case, Lobos, Northern Samar, which shall then, as a special Board of Election
presupposes that no candidate had been proclaimed and therefore the Inspectors of Precinct No. 7 of said municipality, within forty-eight (48)
hours from its reconvening, count the ballots of said Precinct No. 7, and fact and to furnish the latter with a certified photocopy of the Certificate
deliver to the special Provincial Board of Canvassers of the said Province a of Provincial Canvass;
copy of the election returns;
(2) Reconvene, in its main office in Manila, within the same period as (3) Within three (3) days after receipt of the aforesaid report from the
aforestated, the special Provincial Board of Canvassers of Northern Samar special Provincial Board of Canvassers, to CALL a special election in
which shall then, within seventy-two (72) hours from its reconvening: Precinct No. 13 of Silvino Lobos, which shall be held not later than thirty
(a) Include in the Municipal Certificate of Canvass of Silvino Lobos (1) the (30) days from such call; a copy of the election returns of said special
total number of votes for petitioner Wilmar P. Lucero and for petitioner election shall forthwith be transmitted to the Special Provincial Board of
Jose L. Ong, Jr., respectively, in Precinct No. 7 of Silvino Lobos as recorded Canvassers of Northern Samar, which shall then enter the results thereof
in the election returns submitted by the aforementioned special in its canvass and make a final summation of the results in the Certificate
Municipal Board of Canvassers, and (2) the forty-three (43) votes for of Provincial Canvass, and thereafter, pursuant to the Omnibus Election
petitioner Wilmar P. Lucero and the two (2) votes for petitioner Jose L. Code, pertinent election laws and rules and resolutions of the
Ong, Jr. as reflected in the election returns of Precinct No. 16 (Barangay Commission, proclaim the winning candidate for Representative of the
Tubgon) prepared, after a recount of the ballots, by the special Board of Second Legislative District of Northern Samar.
Canvassers; and after such inclusions to enter the new totals of the votes
for the petitioners in the Certificate of Provincial Canvass; If for any reason whatsoever it would not be possible to immediately
reconvene the Special Municipal Board of Canvassers of Silvino Lobos and
(b) Retabulate the total number of votes for Wilmar P. Lucero for the the Special Provincial Board of Canvassers of Northern Samar, the
Municipality of Las Navas, Northern Samar, which shall be two thousand COMELEC may create new ones.
and five hundred thirty-seven (2,537) as reflected in the Statement of
Votes (C.E. Form 20-A) prepared and submitted by the Municipal Board of No pronouncements as to costs.SO ORDERED.
Canvassers of Las Navas, and to enter the same in the Certificate of
Provincial Canvass; 13 Annex "A" of Petition, G. R. No. 113107; Annex "A" of Petition, G. R.
No. 113509. Per Commissioner Regalado E. Maambong, with full
(c) After the accomplishment of all the foregoing, to sum up anew in the concurrence of Chairman Christian S. Monsod, Commissioner Vicente B.
Certificate of Provincial Canvass the canvassed municipal certificates of de Lima, and Commissioner Remedios A. S. Fernando. Commissioners
canvass of all the municipalities of the Second Legislative District of Graduacion A. R. Claravall and Manolo B. Gorospe concurred, except as to
Northern Samar and if the same would establish that the difference in the disposition on Precinct No. 7, which point they elaborated upon in a
votes between petitioner Wilmar P. Lucero and petitioner Jose L. Ong, Jr. Concurring and Dissenting Opinion (Rollo, G. R. No. 113107, 57-75).
is less than two hundred and thirteen (213), hence the failure of the Commissioner Magdara B. Dimaampao put above his signature the words
election in Precinct No. 13 would unavoidably and inevitably affect then "See Concurring/Dissenting Opinion.
the result of the election, to report to the Commission on Elections such
14 It even explicitly stated that "[t]he authenticity of the votes indicated The meeting discussed how theballots in Pata should be counted in light
in the election return, however, is placed in serious doubt because of the misaligned ovals. Some recommended amanual count while other
respondent Ong presented before the Commission of certificate of votes insisted on an automated count. In view of their differences inopinion,
dated May 12, 1992, supposedly signed by Precinct Chairman Sabina T. Atty. Tolentino, Jr. requested the parties to submit their written position
Jarito and Precinct Third Member Mevilyn A. Surio, wherein the votes for papers.Petitioner argues that he automated counting is mandatory and
respondent Ong is only forty-five (45) not 61, and the vote of petitioner could not be substitutedby a manual counting. Where the machines are
Lucero is 30." (Rollo, G. R. No. 113107, 40-41). allegedly defective, the only remedyprovided for by law is to replace the
machine. Manual counting is prohibited by law;
of some of the voters. The original and exclusive jurisdiction over all Issue:
matters of inlcusion and exclusion of voters from the voter's list lies with Whether or not COMELEC had the authority to order a manual count.
the municipal and metropolitan trials court under Section 138 of the Held:
Omnibus Election Code (as amended). Their decisions are appealable to YES. In enacting R.A. No. 8436, Congress obviously failed to provide a
the proper regional trial court, whose decisions are immediately final and remedywhere the error in counting is not machine-related for human
executory. foresight is not all-seeing.We hold, however, that the vacuum in the law
cannot prevent the COMELEC fromlevitating above the problem. Section
22 The other two are G. R. No. 105717 as earlier noted, and G. R. No. 2(1) of Article IX(C) of the Constitution gives theCOMELEC the broad
108700 which this Court dismissed on 9 November 1993. power "to enforce and administer all laws and regulations relativeto the
conduct of an election, plebiscite, initiative, referendum and recall."
Undoubtedly,the text and intent of this provision is to have COMELEC all
Loong v. COMELEC the necessary and incidentalpowers for it to achieve the objective of
G.R. No. 133676, April 4, 1999 holding free, orderly, honest, peaceful, andcredible elections. Congruent
Facts: to this intent, this Court has not been niggardly in definingthe parameters
In a bid to improve our elections, Congress enacted R.A. No. 8436 on of powers of COMELEC in the conduct of our elections.Our elections are
December22, 1997 prescribing the adoption of an automated election not conducted under laboratory conditions. In running for publicoffices,
system. The new system wasused in the May 11, 1998 regular elections candidates do not follow the rules of Emily Post. Too often, COMELEC has
held in the Autonomous Region in MuslimMindanao (ARMM) which tomake snap judgments to meet unforseen circumstances that threaten
includes the Province of Sulu. Atty. Jose Tolentino, Jr. headedthe COMELEC to subvert the willof our voters. In the process, the actions of COMELEC
Task Force to have administrative oversight of the elections in Sulu.During may not be impeccable, indeed,may even be debatable. We cannot,
the election it was noticed that there was an error in the printing of the however, engage in a swivel chair criticism ofthese actions often taken
local ballots,as a consequence of which, the automated machines failed to under very difficult circumstances.
read them
correctly. Atty. Tolentino, Jr. called for an emergency meeting of the local c
andidates and themilitary-police officials overseeing the Sulu elections. Loong vs. Commission on Elections
Case On May 15, 1990, COMELEC (Second Division) ruled that it had jurisdiction
G.R. No. 93986 to hear the petition, citing the Frivaldo vs. COMELEC case.
Decision Date COMELEC held that petitions alleging falsification of a candidate’s
Dec 22, 1992 eligibility can be filed within a reasonable time after discovering the
A candidate's disqualification petition filed 49 days after COC submission ineligibility, even beyond the 25-day period.
was deemed untimely; SC ruled COMELEC lacked jurisdiction, emphasizing Loong was proclaimed Vice-Governor on July 3, 1990, prompting him to
strict adherence to statutory deadlines. file a special civil action of certiorari to annul COMELEC’s resolutions.
disqualification Issue:
candidate Ruling:
petition Ratio:
Show all tags (24) Timeliness of the Petition: Section 78 of the Omnibus Election Code
Facts: mandates that petitions to cancel a certificate of candidacy based on false
Petitioner Benjamin Loong filed his certificate of candidacy for the representation must be filed within 25 days of the filing of the certificate.
position of Vice-Governor of the Mindanao Autonomous Region on SPA No. 90-006 was filed 49 days after Loong’s certificate was filed,
January 15, 1990, the last day for filing.The election was held on February making it untimely.
17, 1990. Jurisdiction of COMELEC: COMELEC cannot extend the filing period
Private respondents Nurhussein Ututalum and Alim Bashir Edris were also beyond what is prescribed by law. Its procedural rules (e.g., Rule 25)
candidates for the same position.Petition for Disqualification cannot supersede legislative enactments like Section 78 of the Omnibus
On March 5, 1990 (16 days after the election), Ututalum filed a petition Election Code.
(SPA No. 90-006) with the Commission on Elections (COMELEC) to Applicability of Frivaldo: The Frivaldo case involved disqualification based
disqualify Loong, alleging that Loong made a false representation in his on citizenship, a fundamental issue. In contrast, this case involves age
certificate of candidacy regarding his age. qualification, which does not warrant the same flexibility in filing
Edris filed a Petition in Intervention on March 7, 1990, raising similar deadlines.
issues. Procedural Gap: While there may be a gap between the discovery of
Loong’s Defense ineligibility and the proclamation of results, it is for the Legislature, not
Loong argued that his birth was not recorded with the Civil Registry due COMELEC, to address such gaps.
to local customs, and he relied on his mother and others to confirm his Conclusion:
birthdate as July 4, 1954.He also contended that the petition was filed out The Supreme Court ruled in favor of Loong, holding that the petition for
of time, as Section 78 of the Omnibus Election Code requires such his disqualification was filed out of time and that COMELEC lacked
petitions to be filed within 25 days of the filing of the certificate of jurisdiction to entertain it. The Court emphasized that procedural rules
candidacy. must align with legislative mandates and that the Frivaldo ruling does not
COMELEC’s Ruling apply to cases involving age qualification.
 On January 30, 1990, the people of the provinces of Benguet, Mountain
Province, Ifugao, Abra and Kalinga-Apayao and the city of Baguio cast
their votes in a plebiscite held pursuant to Republic Act No. 6766 entitled
[G.R. No. 93054. December 4, 1990.] "An Act Providing for an Organic Act for the Cordillera Autonomous
Region."cralaw virtua1aw library
Cordillera Regional Assembly Member ALEXANDER P. ORDILLO, (Banaue),
Ifugao Provincial Board Member CORAZON MONTINIG, (Mayoyao), The official Commission on Elections (COMELEC) results of the plebiscite
Former Vice-Mayor MARTIN UDAN (Banaue), Municipal Councilors showed that the creation of the Region was approved by a majority of
MARTIN GANO, (Lagawe), and TEODORO HEWE, (Hingyon), Barangay 5,889 votes in only the Ifugao Province and was overwhelmingly rejected
Councilman PEDRO W. DULAG (Lamut); Aguinaldo residents SANDY B. by 148,676 votes in the rest of the provinces and city above-mentioned.
CHANGIWAN, and DONATO TIMAGO; Lamut resident REY ANTONIO;
Kiangan residents ORLANDO PUGUON, and REYNAND DULDULAO; Lagawe Consequently, the COMELEC, on February 14, 1990, issued Resolution No.
residents TOMAS KIMAYONG, GREGORIO DANGO, GEORGE B. BAYWONG, 2259 stating that the Organic Act for the Region has been approved
and VICENTE LUNAG; Hingyon residents PABLO M. DULNUAN and and/or ratified by majority of the votes cast only in the province of Ifugao.
CONSTANCIO GANO; Mayoyao residents PEDRO M. BAOANG, LEONARDO On the same date, the Secretary of Justice issued a memorandum for the
IGADNA, and MAXIMO IGADNA; and Banaue residents PUMA-A CULHI, President reiterating the COMELEC resolution and
LATAYON BUTTIG, MIGUEL PUMELBAN, ANDRES ORDILLO, FEDERICO provided:jgc:chanrobles.com.ph
MARIANO, SANDY BINOMNGA, GABRIEL LIMMANG, ROMEO TONGALI,
RUBEN BAHATAN, MHOMDY GABRIEL, and NADRES GHAMANG, ". . . [A]nd considering the proviso in Sec. 13(A) that only the provinces
Petitioners, v. THE COMMISSION ON ELECTIONS; The Honorable and city voting favorably shall be included in the CAR, the province of
FRANKLIN M. DRILON, Secretary of Justice; Hon. CATALINO MACARAIG, Ifugao being the only province which voted favorably — then, alone,
Executive Secretary; The Cabinet Officer for Regional Development; Hon. legally and validly constitutes the CAR." (Rollo, p. 7)
GUILLERMO CARAGUE, Secretary of Budget and Management; and Hon.
ROSALINA S. CAJUCOM, OIC, National Treasurer, Respondents. As a result of this, on March 8, 1990, Congress enacted Republic Act No.
6861 setting the elections in the Cordillera Autonomous Region of Ifugao
The question raised in this petition is whether or not the province of on the first Monday of March 1991.chanroblesvirtualawlibrary
Ifugao, being the only province which voted favorably for the creation of
the Cordillera Autonomous Region can, alone, legally and validly Even before the issuance of the COMELEC resolution, the Executive
constitute such Region. Secretary on February 5, 1990 issued a Memorandum granting authority
to wind up the affairs of the Cordillera Executive Board and the Cordillera
The antecedent facts that gave rise to this petition are as Regional Assembly created under Executive Order No. 220.
follows:chanrob1es virtual 1aw library
On March 9, 1990, the petitioner filed a petition with COMELEC to declare It is explicit in Article X, Section 15 of the 1987 Constitution
the non-ratification of the Organic Act for the Region. The COMELEC that:jgc:chanrobles.com.ph
merely noted said petition.
"Section 15. There shall be created autonomous regions in Muslim
On March 30, 1990, the President issued Administrative Order No. 160 Mindanao and in the Cordillera consisting of provinces, cities,
declaring among others that the Cordillera Executive Board and Cordillera municipalities and geographical areas sharing common and distinctive
Regional Assembly and all the offices created under Executive Order No. historical and cultural heritage, economic and social structures, and other
220 were abolished in view of the ratification of the Organic relevant characteristics within the framework of this Constitution and the
Act.chanroblesvirtuallawlibrary:red national sovereignty as well as territorial integrity of the Republic of the
Philippines." (Emphasis Supplied)
The petitioners maintain that there can be no valid Cordillera
Autonomous Region in only one province as the Constitution and Republic The keywords — provinces, cities, municipalities and geographical areas
Act No. 6766 require that the said Region be composed of more than one connote that "region" is to be made up of more than one constituent unit.
constituent unit. The term "region" used in its ordinary sense means two or more
provinces. This is supported by the fact that the thirteen (13) regions into
The petitioners, then, pray that the Court: (1) declare null and void which the Philippines is divided for administrative purposes are groupings
COMELEC resolution No. 2259, the memorandum of the Secretary of of contiguous provinces. (Integrated Reorganization Plan (1972), which
Justice, the memorandum of the Executive Secretary, Administrative was made as part of the law of the land by P.D. No. 1; P.D. No. 742) Ifugao
Order No. 160, and Republic Act No. 6861 and prohibit and restrain the is a province by itself. To become part of a region, it must join other
respondents from implementing the same and spending public funds for provinces, cities, municipalities, and geographical areas. It joins other
the purpose and (2) declare Executive Order No. 220 constituting the units because of their common and distinctive historical and cultural
Cordillera Executive Board and the Cordillera Regional Assembly and other heritage, economic and social structures and other relevant
offices to be still in force and effect until another organic law for the characteristics. The Constitutional requirements are not present in this
Autonomous Region shall have been enacted by Congress and the same is case.chanrobles lawlibrary : rednad
duly ratified by the voters in the constituent units. We treat the
Comments of the respondents as an answer and decide the case. The well-established rule in statutory construction that the language of
the Constitution, as much as possible should be understood in the sense it
This petition is meritorious. has in common use and that the words used in constitutional provisions
are to be given their ordinary meaning except where technical terms are
The sole province of Ifugao cannot validly constitute the Cordillera employed, must then, be applied in this case. (See Baranda v. Gustilo, 165
Autonomous Region. SCRA 757, 770, [1988]; J.M. Tuason & Co., Inc. v. Land Tenure
Administration, 31 SCRA 413, 422-423 [1970]).
Aside from the 1987 Constitution, a reading of the provisions of Republic Article XII, Section 10 of the law creates a Regional Planning and
Act No. 6766 strengthens the petitioner’s position that the Region cannot Development Board composed of the Cordillera Governor, all the
be constituted from only one province. provincial governors and city mayors or their representatives, two
members of the Cordillera Assembly, and members representing the
Article III, Sections 1 and 2 of the Statute provide that the Cordillera private sector. The Board has a counterpart in the provincial level called
Autonomous Region is to be administered by the Cordillera government the Provincial Planning and Development Coordinator. The Board’s
consisting of the Regional Government and local government units. It functions (Article XII, Section 10, par. 2, Republic Act No. 6766) are almost
further provides that:jgc:chanrobles.com.ph similar to those of the Provincial Coordinator’s (Title Four, Chapter 3,
Article 10, Section 220 (4), Batas Pambansa Blg. 337 — Local Government
"SECTION 2. The Regional Government shall exercise powers and Code). If it takes only one person in the provincial level to perform such
functions necessary for the proper governance and development of all functions while on the other hand it takes an entire Board to perform
provinces, cities, municipalities, and barangay or ili within the almost the same tasks in the regional level, it could only mean that a
Autonomous Region . . ."cralaw virtua1aw library larger area must be covered at the regional level. The respondent’s theory
of the Autonomous Region being made up of a single province must,
From these sections, it can be gleaned that Congress never intended that therefore, fail.
a single province may constitute the autonomous region. Otherwise, we
would be faced with the absurd situation of having two sets of officials, a Article XXI, Section 13 (B) (c) alloting the huge amount of Ten Million
set of provincial officials and another set of regional officials exercising Pesos (P10,000,000.00) to the Regional Government for its initial
their executive and legislative powers over exactly the same small area. organizational requirements can not be construed as funding only a lone
and small province.
Article V, Sections 1 and 4 of Republic Act 6766 vest the legislative power
in the Cordillera Assembly whose members shall be elected from regional These sections of Republic Act No. 6766 show that a one province
assembly districts apportioned among provinces and the cities composing Cordillera Autonomous Region was never contemplated by the law
the Autonomous Region.chanrobles.com:cralaw:red creating it.

If we follow the respondent’s position, the members of such Cordillera The province of Ifugao makes up only 11% of the total population of the
Assembly shall then be elected only from the province of Ifugao creating areas enumerated in Article I, Section 2 (b) of Republic Act No. 6766
an awkward predicament of having two legislative bodies — the Cordillera which include Benguet, Mountain Province, Abra, Kalinga-Apayao and
Assembly and the Sangguniang Panlalawigan — exercising their legislative Baguio City. It has the second smallest number of inhabitants from among
powers over the province of Ifugao. And since Ifugao is one of the the provinces and city above mentioned. The Cordillera population is
smallest provinces in the Philippines, population-wise, it would have too distributed in round figures as follows: Abra, 185,000; Benguet, 486,000;
many government officials for so few people.chanrobles virtual lawlibrary Ifugao, 149,000; Kalinga-Apayao, 214,000; Mountain Province, 116,000;
and Baguio City, 183,000; Total population of these five provinces and one
city; 1,332,000 according to the 1990 Census (Manila Standard,
September 30, 1990, p. 14). ". . . [I]t is thus clear that what is required by the Constitution is simple
majority of votes approving the Organic Act in individual constituent units
There are other provisions of Republic Act No. 6766 which are either and not a double majority of the votes in all constituent units put
violated or which cannot be complied with. Section 16 of Article V calls for together, as well as in the individual constituent units."cralaw virtua1aw
a Regional Commission on Appointments with the Speaker as Chairman library
and are (6) members coming from different provinces and cities in the
Region. Under the respondents’ view, the Commission would have a This was the pronouncement applied by the Secretary of Justice in
Chairman and only one member. It would never have a quorum. Section 3 arriving at his conclusion stated in his Memorandum for the President
of Article VI calls for cabinet members, as far as practicable, to come from that:chanrob1es virtual 1aw library
various provinces and cities of the Region. Section 1 of Article VII creates a
system of tribal courts for the various indigenous cultural communities of ". . . [i]t is believed that the creation of the Cordillera Autonomous Region
the Region. Section 9 of Article XV requires the development of a (CAR) as mandated by R.A. No. 6766 became effective upon its approval
common regional language based upon the various languages and dialects by the majority of the votes cast in the province of Ifugao. And
in the region which regional language in turn is expected to enrich the considering the proviso in Section 13 (a) that only the provinces and city
national language. voting favorably shall be included in the CAR, the province of Ifugao being
the only province which voted favorably — can, alone, legally and validly
The entirety of Republic Act No. 6766 creating the Cordillera Autonomous constitute the CAR." (Rollo. p. 40).
Region is infused with provisions which rule against the sole province of
Ifugao constituting the Region.chanrobles.com.ph : virtual law library The plebiscites mandated by the Constitution and Republic Act No. 6766
for the Cordillera and Republic Act No. 6734 for the Autonomous Region
To contemplate the situation envisioned by the respondent would not in Muslim Mindanao determine — (1) whether there shall be an
only violate the letter and intent of the Constitution and Republic Act No. autonomous region in the Cordillera and in Muslim Mindanao and (2)
6766 but would also be impractical and illogical. which provinces and cities, among those enumerated in the two Republic
Acts, shall comprise said Autonomous Regions. (See III, Record of the
Our decision in Abbas, Et. Al. v. COMELEC, (G.R. No. 89651, November 10, Constitutional Commission, 487-492 [1986]).
1969), is not applicable in the case at bar contrary to the view of the
Secretary of Justice. The Abbas case established the rule to follow on which provinces and
cities shall comprise the autonomous region in Muslim Mindanao which
The Abbas case laid down the rate on the meaning of majority in the is, consequently, the same rule to follow with regard to the autonomous
phrase "by majority of the votes cast by the constituent units called for region in the Cordillera. However, there is nothing in the Abbas decision
the purpose" found in the Constitution, Article X, Section 18. It which deals with the issue on whether an autonomous region, in either
stated:chanrob1es virtual 1aw library.
Muslim Mindanao or Cordillera could exist despite the fact that only one
province or one city is to constitute it.chanrobles.com:cralaw:red

Stated in another way, the issue in this case is whether the sole province
of Ifugao can validly and legally constitute the Cordillera Autonomous
Region. The issue is not whether the province of Ifugao is to be included
in the Cordillera Autonomous Region. It is the first issue which the Court
answers in the instant case.

WHEREFORE, the petition is hereby GRANTED. Resolution No. 2259 of the

Commission on Elections, insofar as it upholds the creation of an
autonomous region, the February 14, 1990 memorandum of the Secretary
of Justice, the February 5, 1990 memorandum of the Executive Secretary,
Administrative Order No. 160, and Republic Act No. 6861 are declared null
and void while Executive Order No. 220 is declared to be still in force and
effect until properly repealed or amended.

SO ORDERED