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

Republic Act No. 7720, signed on May 5, 1994, converted the Municipality of Santiago, Isabela into an independent component city, which was ratified in a plebiscite on July 4, 1994. On February 14, 1998, Republic Act No. 8528 was enacted, amending R.A. No. 7720 by changing the status of Santiago from an independent component city to a component city. Specifically, it deleted the word “independent” from the city’s classification and amended provisions to allow the city’s voters to participate in provincial elections. The law did not provide for its ratification through a plebiscite. Petitioners, including the Mayor of Santiago and residents/voters of the city, filed a petition for prohibition assailing the constitutionality of R.A. No. 8528 for its failure to require a plebiscite. Respondents, including provincial officials and the Solicitor General, defended the law, contending that petitioners lacked standing, that the issue was a political question, and that a plebiscite was unnecessary as the reclassification did not involve creation, division, merger, abolition, or substantial alteration of boundaries.

ISSUE

Whether Republic Act No. 8528 is unconstitutional for its failure to provide that the conversion of Santiago City from an independent component city to a component city be submitted to its people for approval in a plebiscite.

RULING

Yes, Republic Act No. 8528 is unconstitutional. The Supreme Court granted the petition, declared R.A. No. 8528 unconstitutional, and issued a writ of prohibition against its implementation. The Court held that: (1) Petitioners had locus standi as they would sustain direct injury from the law’s enforcement—the mayor’s powers would be affected, and the residents/voters were denied their right to approve the conversion via plebiscite. (2) The issue was justiciable, not a political question, as it involved the determination of whether a constitutional right to a plebiscite was violated. (3) The conversion from an independent component city to a component city constitutes a merger or substantial alteration of boundaries under Section 10, Article X of the 1987 Constitution and Section 10 of the Local Government Code (R.A. No. 7160), which require approval by a majority of votes cast in a plebiscite in the political unit directly affected. An independent component city is independent of the province, while a component city is under provincial supervision; the change in status is a significant alteration of the city’s relationship with the province, akin to a merger, thus mandating a plebiscite. The failure of R.A. No. 8528 to provide for such plebiscite rendered it unconstitutional.