For Your Data Tan Vs Comelec, G.R. No. 73155 Illustration Brief Summary
February 01, 2019
Edit
Tan vs COMELEC, G.R. No. 73155 example brief summary
July 11, 1986
Facts: The complainants are residents of Province of Negros Occidental. This example is petition contesting the constitutionality of RA No. 885, An Act Creating a New Province inwards the Island of Negros to last known equally the Province of Negros del Norte, effective Dec. 3, 1985. Pursuant to in addition to inwards implementation of this law, the COMELEC scheduled a referendum for Jan 3, 1986 on the proposed novel province. The referendum resulted inwards the affirmative votes hence the annunciation of the novel say known equally Negros del Norte.
Issue:
(1)This example enquiry whether equally residents of the rear province, the citizens should last included inwards the referendum equally the constitution provides that it should last conducted inwards the affected area
(2)They likewise enquiry the constitutionality of the constabulary equally the territory did non hit the required minimum of 2500 sq.km
Rulings:
(Issue 1): The Supreme Court held the citizens of the rear say should likewise last included inwards the referendum equally they are likewise affected yesteryear the sectionalisation of the province. This sectionalisation volition sweat an change to the rear province’s territorial boundaries, political units equally good equally may bring adverse economical effects.
(Issue 2): Based on records, it was proved that the territorial boundaries of the novel say volition non hit the required minimum of 3500 sq.km.
As such, the Supreme Court ruled that RA No. 885 is unconstitutional.