NAVARRO v ERMITA

Facts: Republic Act No. 9355 created a province of Dinagat Islands, formerly part of Surigao Del
Norte. It was questioned for constitutionality for not being in compliance with the population or the
land area requirements of the Local Government Code under Sec. 461. Previous decisions
relating to this case declared the creation of the province as unconstitutional.
Issue: Is the creation of Dinagat Islands as a separate province constitutional?
Held: YES. SC now looked at the central policy considerations in the creation of provinces. They
compared the LGC provisions on the creation of municipalities and cities and how they allow an
exception to the land area requirement in cases of non-contiguity as provided for under Sections
442 and 450 of the LGC.SC concluded that it must have been the intent of the legislators to
extend such exception to provinces especially considering the physical configuration of the
Philippine archipelago. In fact, while such exemption was absent under Section 461 of the LGC
(provision relating to creation of provinces), such was incorporated under the LGC-IRR thus
correcting the congressional oversight in said provision and reflecting the true legislative intent.
Moreover, the earlier decisions show a very restrictive construction which could trench on the
equal protection clause, as it actually defeats the purpose of local autonomy and decentralization
as enshrined in the Constitution. Hence, the land area requirement should be read together with
territorial contiguity.
NAVARRO v ERMITA
Facts: Republic Act No. 9355 created a province of Dinagat Islands, formerly part of Surigao Del
Norte. It was questioned for constitutionality for not being in compliance with the population or the
land area requirements of the Local Government Code under Sec. 461. Previous decisions
relating to this case declared the creation of the province as unconstitutional.
Issue: Is the creation of Dinagat Islands as a separate province constitutional?
Held: YES. SC now looked at the central policy considerations in the creation of provinces. They
compared the LGC provisions on the creation of municipalities and cities and how they allow an
exception to the land area requirement in cases of non-contiguity as provided for under Sections
442 and 450 of the LGC.SC concluded that it must have been the intent of the legislators to
extend such exception to provinces especially considering the physical configuration of the
Philippine archipelago. In fact, while such exemption was absent under Section 461 of the LGC
(provision relating to creation of provinces), such was incorporated under the LGC-IRR thus
correcting the congressional oversight in said provision and reflecting the true legislative intent.
Moreover, the earlier decisions show a very restrictive construction which could trench on the
equal protection clause, as it actually defeats the purpose of local autonomy and decentralization
as enshrined in the Constitution. Hence, the land area requirement should be read together with
territorial contiguity.

NAVARRO v ERMITA
Facts: Republic Act No. 9355 created a province of Dinagat Islands, formerly part of Surigao Del
Norte. It was questioned for constitutionality for not being in compliance with the population or the
land area requirements of the Local Government Code under Sec. 461. Previous decisions
relating to this case declared the creation of the province as unconstitutional.
Issue: Is the creation of Dinagat Islands as a separate province constitutional?
Held: YES. SC now looked at the central policy considerations in the creation of provinces. They
compared the LGC provisions on the creation of municipalities and cities and how they allow an
exception to the land area requirement in cases of non-contiguity as provided for under Sections
442 and 450 of the LGC.SC concluded that it must have been the intent of the legislators to
extend such exception to provinces especially considering the physical configuration of the
Philippine archipelago. In fact, while such exemption was absent under Section 461 of the LGC
(provision relating to creation of provinces), such was incorporated under the LGC-IRR thus
correcting the congressional oversight in said provision and reflecting the true legislative intent.
Moreover, the earlier decisions show a very restrictive construction which could trench on the
equal protection clause, as it actually defeats the purpose of local autonomy and decentralization
as enshrined in the Constitution. Hence, the land area requirement should be read together with
territorial contiguity.