You are on page 1of 2

Case Name:

Tan vs Comelec
G.R. No. 73155 July 11, 1986
TOPIC: Prohibition TheCourt, on January 7, 1986 resolved to require respondents to
comment, not to file a motion to dismiss.

Doctrine: Prohibition is a preventive remedy. Its function is to Public respondents on January 14, 1986, filed their Comment,
restrain the doing of some act about to be done. It is not arguing therein that the challenged statute.-BP Big 885, should
intended to provide a remedy for acts already accomplished. If be accorded the presumption of legality. They submit that the
the thing be already done, the writ of prohibition cannot undo it said law is not void on its face and that the petition does not
show a clear, categorical and undeniable demonstration of the
supposed infringement of the Constitution.
Facts: Batas Pambansa Blg. 885 (BP Blg. 885) Negros del Norte
took effect on December 3, 1985.
Respondents state that the powers of the BP Blg 885 to enact the
assailed law is beyond question. They claim that BP Blg 885 does
Petitioners are residents of the Province of Negros Occidental,
not infringe the Constitution because the requisites of the Local
filed a case for Prohibition for the purpose of stopping
Government Code have been complied with. Furthermore, they
respondent Commission on Elections from conducting a
submit that this case has now become moot and academic with
plebiscite.
the proclamation of the new Province of Negros del Norte.
Petiioners in their supplemental petition that supervening
Respondents insist that instant petition has been rendered moot
events rendered moot the prayer in their initial petition that the
and academic considering that a plebiscite has been already
plebiscite scheduled for January 3, 1986, be enjoined, petitioners
conducted on January 3, 1986; that as a result thereof, the
plead, nevertheless a writ of Prohibition be issued, directed to
corresponding certificate of canvass indicated that out of
Respondent Commission on Elections to desist from issuing
195,134 total votes cast in said plebiscite, 164,734 were in favor
official proclamation of the results of the plebiscite held on
of the creation of Negros del Norte and 30,400 were against it
January 3, 1986.
On these considerations, respondents urge that this case should
And that a similar writ of Prohibition be issued, directed to the
be dismissed for having been rendered moot and academic as the
respondent Provincial Treasurer, to desist from ordering the
creation of the new province is now a "fait accompli."
release of any local funds to answer for expenses incurred in the
holding of such plebiscite until ordered by the Court.
Petitioner contends that BP Blg. 885 is unconstitutional and is
not in accordance with the Local Government Code on the
following grounds: 1) only voters in the new province of Negros
del Norte were included in the plebiscite; and 2) the area
comprising the new province is lesser than the minimum area
prescribed under the Local Government Code.

Issue: WON the filing of a case for Prohibition was proper

Held: Yes, BP 885 is unconstitutional. COMELEC must not be


allowed from conducting a plebiscite.

It can be plainly seen that the constitutional provision makes it


imperative that there be first obtained "the approval of a
majority of votes in the plebiscite in the unit or units affected"
whenever a province is created, divided or merged and there is
substantial alteration of the boundaries.

It is thus inescapable to conclude that the boundaries of the


existing province of Negros Occidental would necessarily be
substantially altered by the division of its existing boundaries in
order that there can be created the proposed new province of
Negros del Norte. Plain and simple logic will demonstrate than
those two political units would be affected. The first would be the
parent province of Negros Occidental because its boundaries
would be substantially altered. The other affected entity would
be composed of those in the area subtracted from the mother
province to constitute the proposed province of Negros del
Norte.

You might also like