Ordillo v. COMELEC

FACTS

- January 30, 1990, pursuant to Republic Act No. 6766 entitled “An Act Providing for an Organic Act for the Cordillera Autonomous Region”, the people of the provinces of Benguet, Mountain Province, Ifugao, Abra and Kalinga-Apayao and the city of Baguio cast their votes in a plebiscite.

- Results of plebiscite: approved by majority of 5,889 votes in Ifugao, rejected by 148,676 in the rest provinces and city. The province of Ifugao makes up only 11% of total population, and as such has the second smallest number of inhabitants, of the abovementioned areas.

- February 14, 1990, COMELEC issued Resolution No. 2259 stating that the Organic Act for the Region has been approved and/or ratified by majority of votes cast only in the province of Ifugao. Secretary of Justice also issued a memorandum for the President reiterating COMELEC resolution, stating that “…Ifugao being the only province which voted favorably – then. Alone, legally and validly constitutes CAR.”

- March 8, 1990, Congress ebacted Republic Act No. 6861 setting elections in CAR of Ifugao on first Monday of March 1991.

- Even before COMELEC resolution, Executive Secretary issued February 5, 1990 a memorandum granting authority to wind up the affairs of the Cordillera Executive Board and Cordillera Regional Assembly created under Executive Order No. 220.

- March 30, 1990, President issued Administrative Order No. 160 declaring among others that the Cordillera Executive Board and Cordillera Regional Assembly and all offices under Executive Order No. 220 were abolished in view of the ratification of Organic Act.

- Petitioners: there can be no valid Cordillera Autonomous Region in only one province as the Constitution and Republic Act No. 6766 require that the said Region be composed of more than one constituent unit.

- Petitioners therefore pray that the court:

a. declare null and void COMELEC resolution No. 2259, the memorandum of the Secretary of Justice, Administrative Order No. 160, and Republic Act No. 6861 and prohibit and restrain the respondents from implementing the same and spending public funds for the purpose

b. declare Executive Order No. 220 constituting the Cordillera Executive Board and the Cordillera Regional Assembly and other offices to be still in force and effect until another organic law for the Autonomous Region shall have been enacted by Congress and the same is duly ratified by the voters in the constituent units.

ISSUE

                WON the province of Ifugao, being the only province which voted favorably for the creation of the Cordillera Autonomous Region can, alone, legally and validly constitute such region.

HELD

- The sole province of Ifugao cannot validly constitute the Cordillera Autonomous Region.

a. The keyword ins Article X, Section 15 of the 1987 Constitution – provinces, cities, municipalities and geographical areas connote that “region” is to be made up of more than one constituent unit. The term “region” used in its ordinary sense means two or more provinces.

- rule in statutory construction must be applied here: the language of the Constitution, as much as possible should be understood in the sense it has in common use and that the words used in constitutional provisions are to be given their ordinary meaning except where technical terms are employed.

b. The entirety of Republic Act No. 6766 creating the Cordillera Autonomous Region is infused with provisions which rule against the sole province of Ifugao constituting the Region.

- It can be gleaned that Congress never intended that a single province may constitute the autonomous region.

- If this were so, we would be faced with the absurd situation of having two sets of officials: a set of provincial officials and another set of regional officials exercising their executive and legislative powers over exactly the same small area. (Ifugao is one of the smallest provinces in the Philippines, population-wise) (Art III sec 1 and 2; Art V, sec 1 and 4; Art XII sec 10 of RA 6766)

- Allotment of Ten Million Pesos to Regional Government for its initial organizational requirements can not be construed as funding only a lone and small province [Art XXI sec 13(B)(c)]

- Certain provisions of the Act call for officials “coming from different provinces and cities” in the Region, as well as tribal courts and the development of a common regional language. (Art V sec 16; Art VI sec 3; Art VII; Art XV RA 6766)

- Thus, to contemplate the situation envisioned by the COMELEC would not only violate the letter and intent of the Constitution and Republic Act No. 6766 but would be impractical and illogical.