SC: Vote to split Quezon approved; results in limbo

MANILA, Philippines - The Supreme Court (SC) has struck a middle ground on a law seeking to split a province — hold the plebiscite to endorse the scheme but at the same time withhold the release of its results. Civic leaders in Quezon province earlier asked the high court to nullify Republic Act 9495, which seeks to split the province into Quezon del Norte and Quezon del Sur, with a plebiscite to be held for the purpose. The government has set the plebiscite on Dec. 13. In a resolution issued Wednesday, the high court said: "Effective immediately and continuing until further orders from this court, [concerned government agencies] are hereby restrained from proclaiming the results of any plebiscite that may be held on the proposed creation of the new province or provinces." This means that the government agencies could proceed with the plebiscite, but are only barred from proclaiming the results, said high court spokesman Jose Midas P. Marquez. The provincial civic leaders said the law should be declared unconstitutional since it was "issued with grave abuse of discretion amounting to lack or excess of jurisdiction." They said the law, which took effect on Sept. 7, 2007, did not comply with the Local Government Code, which provides that the provincial board should submit to Congress comments on the creation of a new province. The petitioners noted that congressional records showed the Quezon provincial board "was not given a chance to officially file its comments and recommendation on the petition." Multiple subjects The petitioners also noted that the law had multiple subjects — while it meant to create Quezon del Sur, it also seeks to create Quezon del Norte from the municipalities and cities left out in the delineation. With the two provinces, collected taxes should also be evenly distributed, the group added. Section 55 of the law dictates that the tax revenues from the business enterprises located in Quezon del Norte, such as from the power plants, shall be proportionally divided between the two provinces. "Real property is a tax imposed, assessed and collected where the realty is situated... In other words, RA 9495 seeks to make an exception that a newly created province such as Quezon del Sur shall have a participatory benefit from... Quezon del Norte," they added. This goes beyond the Local Government Code, they said. There are two major power plants — Quezon Power and Hopewell Power — that are within the boundary of the proposed provinces. They also noted that the law did not clarify the powers of interim appointees. — Ira P. Pedrasa, BusinessWorld