G.R. No. 133064 , September 16, 1999
JOSE C. MIRANDA, ALFREDO S. DIRIGE, MANUEL H. AFIADO, MARIANO V. BABARAN and ANDRES R. CABUYADAO, petitioners, vs. HON. ALEXANDER AGUIRRE, in his capacity as Executive Secretary; HON. EPIMACO VELASCO, in his capacity as Secretary of Local Government, HON. SALVADOR ENRIQUEZ, in his capacity as Secretary of Budget, THE COMMISSION ON AUDIT, THE COMMISSION ON ELECTIONS, HON. BENJAMIN G. DY, in his capacity as Governor of Isabela, THE HONORABLE SANGGUNIANG PANLALAWIGAN OF ISABELA, ATTY. BALTAZAR PICIO, in his capacity as Provincial Administrator, and MR. ANTONIO CHUA, in his capacity as Provincial Treasurer, respondents, GIORGIDI B. AGGABAO, intervenor.

FACTS

The case involves the constitutionality of Republic Act No. 8528 , which converted the City of Santiago in Isabela from an independent component city to a component city. The main decision of the Court declared R.A. No. 8528 unconstitutional for lacking a provision requiring a plebiscite. The dissenting opinion of Justice Mendoza contests this conclusion.

ISSUE

Whether the conversion of the City of Santiago from an independent component city to a component city constitutes the creation, division, merger, abolition, or substantial alteration of the boundary of a city under Article X, Section 10 of the Constitution , thereby requiring approval through a plebiscite.

RULING

No. The dissenting opinion argues that not every material change in the classification of a local government unit requires popular approval via plebiscite. Only changes that involve the creation, division, merger, abolition, or substantial alteration of boundaries—as defined by changes in the fundamental indicators of income, population, and land area prescribed in the Local Government Code ( R.A. No. 7160 , Sections 7, 8, and 9)—mandate a plebiscite. The conversion from an independent component city to an ordinary component city does not alter these core indicators. While the reclassification changes certain political and economic rights (e.g., voting rights for provincial officials, level of administrative supervision, and share in local taxes), these changes do not equate to the constitutional conditions requiring a plebiscite. The opinion emphasizes that both independent and ordinary component cities are classified as component cities under the Local Government Code, with the primary distinction being that the charters of independent component cities prohibit their voters from voting for provincial elective officials and declare such cities independent of the province. Therefore, since the conversion does not affect the city’s income, population, or land area, it is a valid legislative act that does not require ratification by the people in a plebiscite. The dissenting vote is to dismiss the petition.