CASE DIGEST
FACTS: Pursuant to Batas Blg 51 (enacted 22 Dec 1979), COMELEC adopted Resolution No. 1421 which effectively bars voters in chartered cities (unless otherwise provided by their charter), highly urbanized (those earning above P40 M) cities, and component cities (whose charters prohibit them) from voting in provincial elections. The City of Mandaue, on the other hand, is a component city NOT a chartered one or a highly urbanized one. So when COMELEC added Mandaue to the list of 20 cities that cannot vote in provincial elections, Ceniza, in behalf of the other members of DOERS (Democracy or Extinction: Resolved to Succeed) questioned the constitutionality of BB 51 and the COMELEC resolution. They said that the regulation/restriction of voting being imposed is a curtailment of the right to suffrage. Further, petitioners claim that political and gerrymandering motives were behind the passage of Batas Blg. 51 and Section 96 of the Charter of Mandaue City. They contend that the Province of Cebu is politically and historically known as an opposition bailiwick and of the total 952,716 registered voters in the province, close to one-third (1/3) of the entire province of Cebu would be barred from voting for the provincial officials of the province of Cebu. Ceniza also said that the constituents of Mandaue never ratified their charter. Ceniza likewise aver that Sec 3 of BB 885 insofar as it classifies cities including Cebu City as highly urbanized as the only basis for not allowing its electorate to vote for the provincial officials is inherently and palpably unconstitutional in that such classification is not based on substantial distinctions germane to the purpose of the law which in effect provides for and regulates the exercise of the right of suffrage, and therefore such unreasonable classification amounts to a denial of equal protection.
FACTS: Pursuant to Batas Blg 51 (enacted 22 Dec 1979), COMELEC adopted Resolution No. 1421 which effectively bars voters in chartered cities (unless otherwise provided by their charter), highly urbanized (those earning above P40 M) cities, and component cities (whose charters prohibit them) from voting in provincial elections. The City of Mandaue, on the other hand, is a component city NOT a chartered one or a highly urbanized one. So when COMELEC added Mandaue to the list of 20 cities that cannot vote in provincial elections, Ceniza, in behalf of the other members of DOERS (Democracy or Extinction: Resolved to Succeed) questioned the constitutionality of BB 51 and the COMELEC resolution. They said that the regulation/restriction of voting being imposed is a curtailment of the right to suffrage. Further, petitioners claim that political and gerrymandering motives were behind the passage of Batas Blg. 51 and Section 96 of the Charter of Mandaue City. They contend that the Province of Cebu is politically and historically known as an opposition bailiwick and of the total 952,716 registered voters in the province, close to one-third (1/3) of the entire province of Cebu would be barred from voting for the provincial officials of the province of Cebu. Ceniza also said that the constituents of Mandaue never ratified their charter. Ceniza likewise aver that Sec 3 of BB 885 insofar as it classifies cities including Cebu City as highly urbanized as the only basis for not allowing its electorate to vote for the provincial officials is inherently and palpably unconstitutional in that such classification is not based on substantial distinctions germane to the purpose of the law which in effect provides for and regulates the exercise of the right of suffrage, and therefore such unreasonable classification amounts to a denial of equal protection.
ISSUE: Whether or not there is a
violation of equal protection.
HELD: The thrust of the 1973
Constitution is towards the fullest autonomy of local government units. In the Declaration of
Principles and State Policies, it is stated that “The State shall guarantee and
promote the autonomy of local government units
to ensure their fullest development as self-reliant communities. The
petitioners allegation of gerrymandering is of no merit, it has no factual or
legal basis. The Constitutional requirement that the creation, division, merger, abolition, or alteration of
the boundary of a province, city, municipality, or barrio should be subject to
the approval by the majority of the votes cast in a plebiscite in the
governmental unit or units affected is a new requirement that came into being
only with the 1973 Constitution. It is prospective in character and therefore
cannot affect the creation of the City of Mandaue which came into
existence on 21 June 1969.
The
classification of cities into highly urbanized cities and component cities on
the basis of their regular annual income is based upon substantial
distinction. The revenue of a city would show whether or not it is capable of
existence and development as a relatively independent social, economic, and
political unit. It would also show whether the city has sufficient economic or
industrial activity as to warrant its independence from the province where it
is geographically situated. Cities with smaller income need thecontinued support
of the provincial government thus
justifying the continued participation of the voters in the election
of provincialofficials in some
instances.
The
petitioners also contend that the voters in Mandaue City are denied equal protection of the law since the voters in other
component cities are allowed to vote for provincial officials. The contention is without
merit. The practice of
allowing voters in one component city to vote for provincial officials and denying the same privilege to
voters in another component city is a matter of legislative discretion which
violates neither the Constitution nor the voter’s right of suffrage.
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