Supreme Court Nullifies Dinagat Islands Creation: Land Area and Population Rules Under the Local Government Co

The Supreme Court, in Navarro v. Executive Secretary (G.R. No. 180050, February 10, 2010), nullified Republic Act No. 9355, which created the Province of Dinagat Islands. The Court ruled that the new province failed to meet the land area and population requirements under the Local Government Code of 1991. The decision is a landmark ruling on how provinces may be created under Philippine law, clarifying that implementing rules cannot add exemptions not found in the statute itself.

The Legal Framework for Creating a Province

Under Section 10, Article X of the 1987 Constitution, no province may be created except in accordance with criteria established in the local government code and subject to approval by a majority of votes in a plebiscite in the political units directly affected.

The Local Government Code (R.A. No. 7160) sets the specific criteria for creating a province. A province may be created if it has an average annual income of at least P20 million based on 1991 constant prices, as certified by the Department of Finance, and either of the following:

• A contiguous territory of at least 2,000 square kilometers, as certified by the Lands Management Bureau; or
• A population of not less than 250,000 inhabitants, as certified by the National Statistics Office (NSO).

The territory need not be contiguous if it comprises two or more islands or is separated by a chartered city or cities that do not contribute to the province's income.

The Facts of the Case

Dinagat Islands, composed of seven municipalities, had a land area of only 802.12 square kilometers—far short of the 2,000-square-kilometer requirement. Based on the official NSO 2000 Census, its population was only 106,951, also below the 250,000 minimum.

To address the population shortfall, the Provincial Government of Surigao del Norte conducted a special census in 2003, which yielded a count of 371,576 inhabitants. However, the NSO did not certify this result, as required by law. During congressional deliberations, an NSO representative stated that the NSO only certifies population counts based on official censuses and that, based on their computation, Dinagat Islands would only attain the 250,000 population requirement by the year 2065.

Despite these deficiencies, Congress enacted R.A. No. 9355, relying on a provision in the Rules and Regulations Implementing the Local Government Code (IRR) stating that "[t]he land area requirement shall not apply where the proposed province is composed of one (1) or more islands." A plebiscite was held, and the creation was ratified by majority vote.

The Court's Ruling

The Supreme Court granted the petition and declared R.A. No. 9355 unconstitutional.

First, the Court struck down the IRR provision exempting island provinces from the land area requirement. The Court held that this provision went beyond the criteria prescribed by the Local Government Code. Nowhere in the Code is such an exemption stated or implied. The only instance when the land area requirement need not be complied with is when there is already compliance with the population requirement. Since the IRR conflicted with the law it sought to implement, the law prevailed, and the IRR provision was declared null and void.

Second, the Court clarified that "territory" under the Local Government Code refers only to land area, not territorial waters. Citing Tan v. COMELEC, the Court explained that the phrase "territory need not be contiguous if it comprises two or more islands" uses the word "contiguous" to describe physical contact between solid masses of land. This confirms that the requirement refers to land mass only.

Third, the Court found that R.A. No. 9355 failed both the land area and population requirements. The special census result was not certified by the NSO as required by the Local Government Code. The presence of NSO officials during deliberations who did not object to the result did not cure this defect.

Practical Takeaways

• Implementing rules cannot expand the law. Administrative regulations that add exemptions not found in the statute they implement are null and void. The basic law prevails in case of discrepancy.
• Both land area and population are strict requirements. A proposed province must satisfy the income requirement plus either the land area requirement (2,000 square kilometers) or the population requirement (250,000 inhabitants as certified by the NSO). There is no island exemption.
• NSO certification is mandatory. A population count from a special census conducted by a provincial government, even with NSO assistance, does not satisfy the legal requirement unless certified by the NSO.
• The plebiscite cannot cure non-compliance. Even if voters approve the creation in a plebiscite, the constitutional and statutory criteria must still be met. A plebiscite validates the political will, not the legal qualifications.
• "Territory" means land area. For purposes of the land area requirement, the term "territory" refers only to the physical mass of land, not territorial waters.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.