G.R. No. L-52304. January 28, 1980.
RAMON B. CENIZA, FEDERICO C. CABILAO, JR., NELSON J. ROSAL and ALEJANDRO R. ALINSUG, petitioners, vs. COMMISSION ON ELECTIONS, COMMISSION ON AUDIT, and NATIONAL TREASURER, respondents.

FACTS

Petitioners, as taxpayers and registered voters of Cebu and Mandaue Cities, filed a petition for prohibition and mandamus assailing Section 3 of Batas Pambansa Blg. 51 and Section 96 of the Charter of Mandaue City (R.A. No. 5519). BP Blg. 51 governed the January 30, 1980 local elections and classified cities as “highly urbanized” or “component” based on an annual regular income threshold of P40 million. Voters in highly urbanized cities were barred from voting for provincial officials. Cebu City, with an income exceeding P40 million, was classified as highly urbanized, thus disenfranchising its voters from provincial elections despite its charter allowing such participation. Mandaue City, a component city, also barred its voters from provincial elections under its own charter.
Petitioners challenged the income-based classification in BP Blg. 51 as arbitrary and unconstitutional. They also contended that the Charter of Mandaue City was invalid for not having been ratified in a plebiscite. They alleged political gerrymandering, arguing that the laws disenfranchised nearly one-third of Cebu Province’s voters, historically an opposition stronghold, to disadvantage opposition candidates.

ISSUE

The primary issues were: (1) Whether Section 3 of BP Blg. 51, using income to classify cities and disenfranchise voters in highly urbanized cities from provincial elections, is constitutional; and (2) Whether the Charter of Mandaue City is unconstitutional for lack of a plebiscite.

RULING

The Supreme Court dismissed the petition, upholding the constitutionality of the challenged provisions. On the first issue, the Court ruled that the income-based classification was reasonable and not arbitrary. The power to prescribe qualifications for voters is vested in the legislative department. The classification was based on substantial distinctions: highly urbanized cities are independent of provincial supervision, and their distinct interests justify excluding their voters from electing provincial officials who exercise no governmental supervision over them. This ensures that only voters whose interests are directly affected by provincial governance participate in such elections. The Court cited the precedent of Tan v. COMELEC.
On the second issue, the Court held that the plebiscite requirement under the 1973 Constitution for the creation or alteration of local government units is prospective. Mandaue City was created in 1969 under R.A. No. 5519, prior to the effectivity of the 1973 Constitution. Therefore, the charter’s validity was not impaired by the absence of a plebiscite. Finally, the allegation of gerrymandering was found without factual and legal basis, as the laws did not involve the apportionment of representative districts nor demonstrate an unfair advantage to any political party.