SC asked to stop plebiscite on 2 Quezons
By Tetch Torres
INQUIRER.net
First Posted 15:49:00 11/17/2008
Filed Under: Judiciary (system of justice), Laws, Protest
MANILA, Philippines -- A group of Quezon residents have asked the Supreme Court to stop the December 13 plebiscite to determine if the province should be divided in two.
The petition of the Save Quezon Province Movement (SQPM) also urged the high court to declare unconstitutional Republic Act 9495, or the Act Creating the Province of Quezon del Sur and prevent the implementation of a November 12 Commission on Elections resolution setting the plebiscite on the province’s division.
They said RA 9495 "is constitutionally infirm because no sufficient standard was laid down for the powers that the interim appointees may exercise" and failed to "comply with the provisions of the implementing rules and regulations of the Local Government Code."
The petition also said the law violates "the constitutional precept that no more than one subject shall embrace a statute as the law creates another local government unit other than Quezon Del Sur, the law renames Quezon province as Quezon Del Norte, and it devises an exception to the requirement of situs in the assessment, exaction and collection of real property taxes."
The SQPM said the law was not published in the UP Law Center as required by law and "also has no endorsement from any local legislative bodies, including the Sangguniang Panlalawigan [provincial board] in Quezon, as required in the Local Government Code."
The respondents include Executive Secretary Eduardo Ermita and the Comelec.
Under the law, Quezon Del Sur will be composed of Agdangan, Buenavista, Catanauan, General Luna, Macalelon, Mulanay, Padre Burgos, Pitogo, San Andres, San Francisco, San Narciso, Unisan, Alabat, Atimonan, Calauag, Guinayangan, Gumaca, Lopez, Perez, Plaridel, Quezon and Tagkawayan.
Quezon Del Norte will be composed of the cities of Lucena and Tayabas, and the towns of Burdeos, General Nakar, Infanta, Jomalig, Lucban, Mauban, Pagbilao, Panukulan, Patnanungan, Polilio, Real, Sampaloc, Candelaria, Dolores, San Antonio and Sariaya.
Before the sub-province of Aurora was separated from Quezon during the time of the late president Ferdinand Marcos, Quezon was the longest province, with an area of 11,946.2 square kilometers or 1,194,620 hectares.
Now it has an aggregate area of 8,706.6 square kilometers or 870,660 hectares.
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