CASE TITLE: Ordillos v.
COMELEC majority are coming from the province of Ifugao) while an
KEY TAKE-AWAY: There can be no autonomous region
consisting of only one province.
DATE/GR NO/SCRA: December 4, 1990/ G.R. No. 93054
PONENTE: GUTIERREZ, JR., J.
PETITIONER: Assembly Member ALEXANDER P. ORDILLO,
(Banaue), Ifugao Provincial Board Member CORAZON
MONTINIG, (Mayoyao), Former Vice-Mayor MARTIN UDAN
(Banaue), Municipal Councilors MARTIN GANO, (Lagawe),
and TEODORO HEWE, (Hingyon), Barangay Councilman
PEDRO W. DULAG (Lamut); Aguinaldo residents SANDY B.
CHANGIWAN, and DONATO TIMAGO; Lamut resident REY
ANTONIO; Kiangan residents ORLANDO PUGUON, and
REYNAND DULDULAO; Lagawe residents TOMAS KIMAYONG,
GREGORIO DANGO, GEORGE B. BAYWONG, and VICENTE
LUNAG; Hingyon residents PABLO M. DULNUAN and
CONSTANCIO GANO; Mayoyao residents PEDRO M. BAOANG,
LEONARDO IGADNA, and MAXIMO IGADNA; and Banaue
residents PUMA-A CULHI, LATAYON BUTTIG, MIGUEL
PUMELBAN, ANDRES ORDILLO, FEDERICO MARIANO, SANDY
BINOMNGA, GABRIEL LIMMANG, ROMEO TONGALI, RUBEN
BAHATAN, MHOMDY GABRIEL, and NADRES GHAMANG
RESPONDENT: COMMISSION ON ELECTIONS; The Honorable
FRANKLIN M. DRILON, Secretary of Justice; Hon. CATALINO
MACARAIG, Executive Secretary; The Cabinet Officer for
Regional Development; Hon. GUILLERMO CARAGUE,
Secretary of Budget and Management; and Hon. ROSALINA
S. CAJUCOM, OIC, National Treasurer
NAME OF PERSON WHO MADE DIGEST: OWDYLYN LEE
FACTS:
Petition:
Factual Antecedents:
There was a plebiscite held on January 30, 1990 concerning
RA 6766 which was about creating the Cordillera
Autonomous Region. As a result of that plebiscite, COMELEC
reported of having only 5,889 approval votes (where
overwhelming majority (148,676) rejected the creation of
the CAR. And since it was stated under Section 13(A) of the
RA that only provinces and city voting favorably shall be
included in the CAR; Ifugao being the only province, which
voted favorably alone, can then be the only one who legally
and validly constitutes CAR. Thus the COMELEC issued
Resolution No 2259 stating that the Organic Act has been
approved y majority votes cast only in the province of
Ifugao. President issued AO 160 declaring that the Cordillera
Executive Board and Cordillera Regional Assembly and all
offices under Executive Order No. 220 were abolished in
view of the ratification of the Organic Act.
Now, the petitioners maintain that there can be no valid
Cordillera Autonomous Region in only one province as the
Constitution and Republic Act No. 6766 require that the said
Region be composed of more than one constituent unit.
ISSUES:
W/N the province of Ifugao can be the only province
that makes up the Cordillera Autonomous Region.
HELD:
No.
The court ruled that the sole province of Ifugao cannot
validly constitue the CAR. It is explicit under Article X,
Section 15 of the 1987 Constitution that:
"Section 15. There shall be created autonomous
regions in Muslim Mindanao and in the Cordillera
consisting of provinces, cities, municipalities
and geographical areas sharing common and
distinctive historical and cultural heritage,
economic and social structures, and other relevant
characteristics within the framework of this
Constitution and the national sovereignty as well
as territorial integrity of the Republic of the
Philippines.
The keywords provinces, cities, municipalities and
geographical areas connote that "region" is to be
made up of more than one constituent unit. The term
"region" used in its ordinary sense means two or
more provinces. This is supported by the fact that the
thirteen (13) regions into which the Philippines is
divided for administrative purposes are groupings of
contiguous provinces. In order to become a region,
Ifugao needs to join other provinces, cities,
municipalities, and geographical areas.
This argument is also supported by Article 3,
Sections 1 and 2 of the statute that :
"SECTION 2. The Regional Government shall
exercise powers and functions necessary for the
proper governance and development of all
provinces, cities, municipalities, and barangay or ili
within the Autonomous Region . . ."
The Congress never intended that a single province
would constitute the autonomous region.