Tan vs Comelec 142 SCRA 727 (1986)

Facts: BP Blg. 885, Creates a New Province to be known as the Province of Negros
del Norte. COMELEC scheduled a plebiscite for January 3, 1986. The plebiscite
was confined only to certain inhabitants of Negros del Norte, without including
everyone in Negros Occidental. Petitioners opposed, contending that the B.P. 885 is
unconstitutional. In Article XI, Section 3 of our Constitution, it is expressly mandated
that—
See. 3. No province, city, municipality or barrio 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 the
approval by a majority of the votes in a plebiscite in the unit or units affected.

However, the boundaries of of Negros Occidental would necessarily be

substantially altered by the division of its existing boundaries in order to create
province of Negros del Norte. Plain and simple logic will demonstrate than that two
political units would be affected, Negros Occidental and Negros del Norte.

Issue: WON BP Blg 885 is constitutional

Ruling: No. A plebiscite for creating a new province should include the
participation of the residents of the mother province in order to conform to the
constitutional requirement. BP 885, excluded the voters of the mother province from
participating in the plebiscite. Where the law authorizing the holding of a plebiscite is
unconstitutional, the Court cannot authorize the holding of a new one. The fact that
the plebiscite which the petition sought to stop had already been held and officials of
the new province appointed does not make the petition moot and academic, as the
petition raises an issue of constitutional dimension.