OPPONENTS of a law that sought to divide into two the province of Quezon on Tuesday asked the Supreme Court (SC) not just to disallow the proclamation of the results of the plebiscite, but to stop its holding altogether.

Petitioners Frumencio Pulgar and Hobart Deveza Dator Jr. filed an urgent motion for partial reconsideration of the SC's November 25 resolution that in effect approved the Commission on Elections' (Comelec) conduct of a plebiscite on December 13 in Quezon, but restrained it from proclaiming its results.

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In their motion, petitioners said the Department of Budget and Management (DBM) has already issued a Special Allotment Report Order (Saro) dated October 16, 2008 in the amount of P38-million to defray the expenses of the plebiscite mandated by the questioned Republic Act (RA) 9495, a law creating the province of Quezon del Sur.

Acting on the DBM's disbursements, the Comelec issued Resolutions 8533, 8534, 8535, 8537, 8538 and 8539, all dated November 12, fixing the plebiscite on December 13.

Petitioners said they will be duly prejudiced if the respondents Comelec, DBM and Executive Secretary Eduardo Ermita are not enjoined, prohibited or forbidden from proceeding with the conduct of the plebiscite in view of the substantial amount allotted for the futile electoral exercise.

They added that there are other more pressing needs where the P38-million should be allotted, including the long overdue poll automation.

"Wherefore, it is respectfully prayed that the Resolution of this Honorable Court dated November 25 restraining the respondents from proclaiming the results of any plebiscite that may be held on the proposed creation of the new province or provinces under RA 9495 be partially considered and in lieu thereof an amendatory temporary restraining order be issued enjoining, prohibiting or forbidding the conduct of the plebiscite," petitioners said.

Pulgar and Dator said this is necessary to "forestall unnecessary, extravagant and unconscionable expenditure of public monies to an electoral exercise that is patently illegal, unconstitutional and irregular."

Aside from the two petitioners, individual petitioners Ferdinand Talabong and Walfredo Sumilang also questioned the division of Quezon Province.

RA 9495 calls for the creation of Quezon Del Sur to be composed of the municipalities of Agdangan, Buenavista, Catanauan, General Luna, Macalelon, Mulanay, Padre Burgos, Pitogo, San Andres, San Francisco, San Narciso, Unisan, Alabat, Atimonan, Calauag, Guinyangan, Gumaca, Lopez, Perez, Plaridel, Quezon, and Tagkawayan.

Also under this legislation, the remaining portions of the mother province of Quezon will be known as Quezon del Norte which shall be composed of the municipalities of Burdeos, General Nakar, Infanta, Jomalig, Lucban, Mauban, Pagbilao, Panulukan, Patnanungan, Polilio, Real, Sampaloc, Candelaria, Dolores, San Antonio, Sariaya and Tiaong, and the cities of Lucena and Tayabas.

In the petition filed on November 17, critics of RA 9495 questioned the Comelec Resolutions nos. 8533, 8534, 8535, 8537, 8538 and 8539, all dated November 12, 2008 implementing the creation of the new province.

Petitioners claimed RA 9495 is unconstitutional, as it would result in the splitting of the province into two, while no sufficient standard was laid down for the powers that the interim appointees may exercise.

They said the law pre-terminates the term of office of the present elected officials of the province of Quezon without due process and also creates a new province.

They also said the law's failure to comply with the provisions of the implementing rules and regulations of RA 7160 of the Local Government Code and is said to be "violative of the constitutional precept that no more than one subject shall embrace a statute as the law creates another local government unit."

The group said the law not only created a province but also renamed Quezon Province as Quezon del Norte, as well as illegally devised an exception to the requirement in the assessment, exaction and collection of real property taxes. (ECV/Sunnex)

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(December 3, 2008 issue)
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