SC OKs plebiscite for Quezon division, but...

MANILA, Philippines - The Supreme Court (SC) on Wednesday allowed the Commission on Elections (Comelec) to conduct a plebiscite to determine if Quezon could be split into two provinces, but restrained it from proclaiming the results. In a three-page en banc resolution, the SC partially junked consolidated petitions seeking a temporary restraining order (TRO) on the holding of a plebiscite on December 13 for the ratification Republic Act (RA) 9495, which seeks the creation of Quezon del Sur province. “Now therefore, effective immediately and continuing until further orders from this Court, you public respondents, your agents, representatives or persons acting in your place or stead, are hereby restrained from proclaiming the results of any plebiscite that may be held on the proposed creation of the new province or provinces under Republic Act 9495,” the Tribunal ruled. The joint petitions were filed on November 17 by the group Save Quezon Province Movement led by lawyer Frumencio Pulgar and Hobart Dator Jr, and individual petitioners Ferdinand Talabong and Walfredo Sumilang. The respondents include Comelec, Executive Secretary Eduardo Ermita, and the Secretary of the Department of Budget and Management. In their petition, the group likewise asked the SC to declare RA 9495 unconstitutional, saying no sufficient standard was laid down for the powers that the interim appointees may exercise. RA 9495 calls for the creation of Quezon Del Sur to be composed of the following municipalities: • Agdangan, • Buenavista, • Catanauan, • General Luna, • Macalelon, • Mulanay, • Padre Burgos, • Pitogo, • San Andres, • San Francisco, • San Narciso, • Unisan, • Alabat, • Atimonan, • Calauag, • Guinyangan, • Gumaca, • Lopez, • Perez, • Plaridel, • Quezon, and • Tagkawayan, Also under this legislation, the remaining portions of the mother province of Quezon will be known as Quezon del Norte, which shall be composed of the following municipalities: • Burdeos, • General Nakar, • Infanta, • Jomalig, • Lucban, • Mauban, • Pagbilao, • Panulukan, • Patnanungan, • Polilio, • Real, • Sampaloc, • Candelaria, • Dolores, • San Antonio, • Sariaya, and • Tiaong Quezon del Norte will also include the cities of Lucena and Tayabas. ‘Violative of the law’ The Save Quezon Province Movement likewise questioned Comelec Resolutions Nos. 8533, 8534, 8535, 8537, 8538 and 8539, all dated November 12, 2008, implementing the creation of the new province, which it said will pre-terminate the terms of office of the present Quezon provincial officials without due process. The petitioners also said the law fails to comply with the provisions of the implementing rules and regulations of RA 7160 of the Local Government Code. The group added that RA 9495 is “violative of the constitutional precept that no more than one subject shall embrace a statute as the law creates another local government unit.” They likewise noted the legislation not only created a separate province but also renamed Quezon province as Quezon del Norte, as well as illegally devised an exception to the requirement in the assessment, exaction and collection of real property taxes. The petitioners said that the implementing plebiscite can no longer be conducted by the Comelec on December 13, as the period fixed by the said law has lapsed. “In the case at bar, the people of Quezon Province are kept in the dark by the title of the defective law. Technically, two provinces are created by RA 9495. Quezon del Sur can exist independently with Quezon province, being the mother province thereof. Yet, the law went out of bounds by creating another entirely new province, Quezon del Norte, with new technical boundaries yet retaining the old capital of Lucena City. Quezon del Norte whichever one looks at it is not Quezon Province,” the petitioners said. The group further said the law’s provisions on the sharing of tax revenues from the business enterprises principally located in Quezon del Norte particularly the power generating plants which are to be proportionally divided between the two provinces, is unworkable. Two power generators are located in two municipalities in Quezon particularly in the municipalities of Mauban and Pagbilao. Under the law, these municipalities are included in the newly proposed Quezon del Norte. Quezon Power Plant is located in Mauban, Quezon while Team Energy formerly Hopewell Power Plant is located in Pagbilao town. Mauban and Pagbilao are proposed to be within the new Quezon del Norte, a second province sought to be created under RA 9495. “In other words, RA 9495 is sui generis limited to Quezon del Norte and Quezon del Sur, seeking to amend the effects of Section 201 of Republic Act 7160, otherwise known as the Local Government Code. Section 55 (of RA 9495) is surreptitiously added as palliative to the soon to be decimated Quezon del Sur. It runs counter to the disposition of the real property tax and all its incidents pursuant to the Local Government Code,” the petitioners said. The group reiterated that the division will do injustice to southern Quezon, pointing out that there was no clinical or scientific neither an academic study made prior to the proposal and that “by legislating territorial division it spells the economic petrifaction of its half.” Furthermore, the group said RA 9495 has no endorsement from any local legislative bodies, including the Sangunigang Panglalawigan ng Quezon as required by the Local Government Code. - GMANews.TV