Voters of Highly Urbanized Cities Excluded from Provincial Plebiscites: A Landmark Ruling

Del Rosario v. Commission on Elections, G.R. No. 247610, March 10, 2020

In the bustling city of Puerto Princesa, residents were once part of a larger provincial fabric, voting alongside their rural neighbors in matters affecting the entire province of Palawan. However, a significant change occurred when Puerto Princesa was classified as a Highly Urbanized City (HUC), sparking a legal battle that reached the Supreme Court of the Philippines. This case, Del Rosario v. Commission on Elections, addressed a critical question: Are residents of a city, now independent due to its HUC status, still entitled to vote in a provincial plebiscite?

The Supreme Court’s decision in this case has far-reaching implications for how local government units (LGUs) interact and how citizens participate in democratic processes. At its core, the case questioned the voting rights of Puerto Princesa’s residents in the plebiscite concerning the division of Palawan into three separate provinces.

Legal Context: Understanding Highly Urbanized Cities and Plebiscites

The concept of Highly Urbanized Cities (HUCs) is enshrined in the Philippine Constitution and the Local Government Code (LGC). An HUC is defined as a city with a minimum population of 200,000 and an annual income of at least P50 million. These cities are considered independent from the province in which they are geographically located, as stated in Article X, Section 12 of the Constitution: “Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province.”

This independence manifests in various ways, including the exclusion of HUC residents from voting for provincial officials, as outlined in Section 452(c) of the LGC: “Qualified voters of highly urbanized cities shall remain excluded from voting for elective provincial officials.” This legal framework sets the stage for understanding the implications of HUC status on voter eligibility in provincial plebiscites.

The term “plebiscite” refers to a direct vote by the electorate on a particular issue. In the context of LGUs, plebiscites are required for significant changes such as the creation, division, merger, abolition, or substantial alteration of boundaries of local government units, as mandated by Article X, Section 10 of the Constitution: “No province, city, municipality, or barangay may 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.”

Case Breakdown: The Journey of Del Rosario v. Commission on Elections

The case began with the passage of Republic Act No. 11259, which proposed the division of Palawan into three new provinces: Palawan del Norte, Palawan Oriental, and Palawan del Sur. The law stipulated that a plebiscite would be held to determine the approval of this division by the voters of the affected areas. However, Section 54 of the law explicitly excluded residents of Puerto Princesa, now an HUC, from participating in the plebiscite.

Petitioners, including residents of Puerto Princesa and other parts of Palawan, challenged the constitutionality of this exclusion. They argued that the division of Palawan would have significant political and economic effects on Puerto Princesa, and thus, its residents should be allowed to vote in the plebiscite.

The Supreme Court’s decision hinged on the interpretation of what constitutes a “political unit directly affected” by the division of a province. The Court applied a three-factor test: territorial alteration, political effects, and economic effects. In its ruling, the Court stated:

“Puerto Princesa has become a distinct political entity independent and autonomous from the province of Palawan, by virtue of its conversion into a highly urbanized city in 2007. Hence, it can no longer be considered a ‘political unit directly affected’ by the proposed division of Palawan into three provinces.”

The Court further clarified that the territorial jurisdiction of Puerto Princesa would not be altered by the division of Palawan, and its political and economic independence as an HUC meant that its residents were properly excluded from the plebiscite.

The procedural journey of the case involved a petition for prohibition filed by the petitioners, challenging the constitutionality of RA No. 11259 and seeking to enjoin the conduct of the plebiscite without Puerto Princesa’s participation. The Supreme Court, after reviewing the standing of the petitioners and the prematurity of the petition, ultimately dismissed the case, affirming the exclusion of Puerto Princesa’s voters from the plebiscite.

Practical Implications: Navigating the New Legal Landscape

The ruling in Del Rosario v. Commission on Elections sets a precedent for how HUCs are treated in relation to provincial plebiscites. It clarifies that residents of HUCs, due to their city’s independence from the province, are not considered part of the “political units directly affected” by provincial changes. This decision may influence future cases involving the creation, division, or alteration of LGUs, particularly when HUCs are involved.

For businesses and property owners in HUCs, this ruling underscores the importance of understanding the legal status of their city and its implications for voting rights and political participation. It also highlights the need for clear communication from local governments about the effects of HUC status on residents’ rights and responsibilities.

Key Lessons:

• Residents of HUCs are excluded from voting in provincial plebiscites due to their city’s independent status.
• The Supreme Court applies a three-factor test to determine which political units are directly affected by LGU changes.
• Understanding the legal implications of HUC status is crucial for residents, businesses, and local governments.

Frequently Asked Questions

What is a Highly Urbanized City (HUC)?

A Highly Urbanized City is a city with a population of at least 200,000 and an annual income of P50 million, which is considered independent from the province in which it is located.

Why were Puerto Princesa residents excluded from the plebiscite?

Puerto Princesa’s status as an HUC meant that its residents were no longer considered part of the province of Palawan for voting purposes, and thus were excluded from the plebiscite on the division of the province.

Can HUC residents vote for provincial officials?

No, residents of HUCs are excluded from voting for elective provincial officials, as per the Local Government Code.

What are the criteria for determining ‘political units directly affected’ by LGU changes?

The Supreme Court considers territorial alteration, political effects, and economic effects when determining which political units are directly affected by changes to local government units.

How can residents of HUCs participate in local governance?

Residents of HUCs can participate in local governance by voting in city elections and engaging in city-level decision-making processes.

What should businesses in HUCs be aware of regarding this ruling?

Businesses should understand that their city’s HUC status may affect their political and economic ties with the surrounding province, influencing local regulations and economic policies.

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