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BAI SANDRA S. A. SEMA v. COMELEC

This case has been cited 2 times or more.

2011-04-12
NACHURA, J.
On November 10, 2006, petitioners Rodolfo G. Navarro, Victor F. Bernal and Rene O. Medina, former political leaders of Surigao del Norte, filed before this Court a petition for certiorari and prohibition (G.R. No. 175158) challenging the constitutionality of R.A. No. 9355.[6]  The Court dismissed the petition on technical grounds. Their motion for reconsideration was also denied.[7]
2009-12-21
VELASCO JR., J.
By constitutional design[27] and as a matter of long-established principle, the power to create political subdivisions or LGUs is essentially legislative in character.[28] But even without any constitutional grant, Congress can, by law, create, divide, merge, or altogether abolish or alter the boundaries of a province, city, or municipality. We said as much in the fairly recent case, Sema v. CIMELEC.[29] The 1987 Constitution, under its Art. X, Sec. 10, nonetheless provides for the creation of LGUs, thus: Section 10. No province, city, municipality, or barangay shall be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. (Emphasis supplied.)