2014 (Political Law) Bar Exam Questions: Question 28

[Answer/discuss the question below. Or see 2014 bar exam Political Law Instructions; 2014 Political Law Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

XXVIII.

From an existing province, Wideland, Congress created a new province, Hundred Isles, consisting of several islands, with an aggregate area of 500 square kilometres. The law creating Hundred Isles was duly approved in a plebiscite called for that purpose. Juan, a taxpayer and a resident of Wideland, assailed the creation of Hundred Isles claiming that it did not comply with the area requirement as set out in the Local Government Code, i.e., an area of at least 2,000 square kilometres. The proponents justified the creation, however, pointing out that the Rules and Regulations Implementing the Local Government Code states that “the land area requirement shall not apply where the proposed province is composed of one (1) or more islands.” Accordingly, since the new province consists of several islands, the area requirement need not be satisfied. How tenable is the position of the proponents? (4%)

6 comments

  1. na-disappoint ako sa position ni J. Nachura sa case na ito.

    pero it’s worthy to take note than the 6 dissenters – Carpio, Sereno, Peralta, Brion, Perlas-Bernabe and Villarama, Jr. stood firmly on their belief until the end and i agree with them because they made a lot of sense.

    i am guessing that if we take on dissenters’ side, we will still get some points here.

      1. February 10, 2010 – SC declared RA 9355 as unconstitutional.
        – J Peralta was the ponente
        – J. Nachura was the dissenter

        April 12, 2011 – the majority took back their earlier ruling and decided to uphold the legality of Dinagat Islands provincehood.
        – J. Nachura was the ponente
        – J. Peralta was the dissenter

  2. the land area in creating a provice or city is not necessary. what is of importance is that income must be met. going back to the purpose of the creation of these cities, municipalities, provinces, it it to effectively deliver to the people public service. hence, even if the land area requirement is not met, so lang as the income is making it less burdensome to the government for its sustainance, then the creation is therefore valid. the proponent’s position regarding the compliance of land area is untenable.

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