Lidasan vs. Comelec-a Digest
Lidasan vs. Comelec
GR NO. L-280892
Petioner: BARA LIDASAN
Respondent: COMELEC
FACTS:
The Chief Executive signed the House Bill 1247 which is now known to be Republic Act 4790,
“An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur”. Such new Municipality includes 21 barrios, 9 of which are from Lanao del Sur, and the other 12 are from Cotabato. (From Lanao: Kapatagan, Bongabong, Aipang,Dagowan,Bakikis, Bungabung, Losain, Matimos, and Magolatung and From Cotabato: Togaig, Madalum, Bayanga, Langkong, Sarakan, Kat-bo, Digakapan, Magabo,Tangabao,Tiongko, Colodan, and Kabamawakan). The Comelec, prompted by the coming election adopted the resolution which provides for the barrios that will be included in Lanao del Sur. Apprised by this happening, the Office of the President, through the Assistant Executive Secretary, recommended to the Comelec that the said resolution be suspended until clarified by the correcting legislation. But the Comelec stood by its own interpretation, and declared that the RA 4790 should be implemented unless declared unconstitutional by the Supreme Court.
This events triggered the original action for certiorari and prohibition filed by Bara Lidasan, a resident and taxpayer of the detached portion of Parang Cotabato, and a qualified voter for the 1967 elections. Affected by the implementation of RA 4790, Lidasan now questions the constitutionality of the said Act.
ISSUE:
Is Republic Act 4790 valid considering that such Act creates a Municipality which includes barrios from another province.
HELD:
RA 4790 is declared NULL and VOID. 1. Constitutional requirement “no bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill”. This provision imposes limitations upon the legislative power. a. Congress is to refrain from conglomeration, under one statute, of heterogenous subjects. b. The title of the bill is to be
GR NO. L-280892
Petioner: BARA LIDASAN
Respondent: COMELEC
FACTS:
The Chief Executive signed the House Bill 1247 which is now known to be Republic Act 4790,
“An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur”. Such new Municipality includes 21 barrios, 9 of which are from Lanao del Sur, and the other 12 are from Cotabato. (From Lanao: Kapatagan, Bongabong, Aipang,Dagowan,Bakikis, Bungabung, Losain, Matimos, and Magolatung and From Cotabato: Togaig, Madalum, Bayanga, Langkong, Sarakan, Kat-bo, Digakapan, Magabo,Tangabao,Tiongko, Colodan, and Kabamawakan). The Comelec, prompted by the coming election adopted the resolution which provides for the barrios that will be included in Lanao del Sur. Apprised by this happening, the Office of the President, through the Assistant Executive Secretary, recommended to the Comelec that the said resolution be suspended until clarified by the correcting legislation. But the Comelec stood by its own interpretation, and declared that the RA 4790 should be implemented unless declared unconstitutional by the Supreme Court.
This events triggered the original action for certiorari and prohibition filed by Bara Lidasan, a resident and taxpayer of the detached portion of Parang Cotabato, and a qualified voter for the 1967 elections. Affected by the implementation of RA 4790, Lidasan now questions the constitutionality of the said Act.
ISSUE:
Is Republic Act 4790 valid considering that such Act creates a Municipality which includes barrios from another province.
HELD:
RA 4790 is declared NULL and VOID. 1. Constitutional requirement “no bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill”. This provision imposes limitations upon the legislative power. a. Congress is to refrain from conglomeration, under one statute, of heterogenous subjects. b. The title of the bill is to be