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G.R. No. 133064, September 16, 1999,
♦ Decision, Puno, [J]
♦ Separate Opinion, Vitug, [J]
♦ Dissenting Opinion, Mendoza, [J]
♦ Dissenting Opinion, Buena, [J]

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EN BANC

G.R. No. 133064 September 16, 1999

JOSE C. MIRANDA, ALFREDO S. DIRIGE, MANUEL H. AFIADO, MARIANO V. BABARAN and ANDRES R. CABUYADAO, petitioners,
vs.
HON. ALEXANDER AGUIRRE, in his capacity as Executive Secretary; HON. EPIMACO VELASCO, in his capacity as Secretary of Local Government, HON. SALVADOR ENRIQUEZ, in his capacity as Secretary of Budget, THE COMMISSION ON AUDIT, THE COMMISSION ON ELECTIONS, HON. BENJAMIN G. DY, in his capacity as Governor of Isabela, THE HONORABLE SANGGUNIANG PANLALAWIGAN OF ISABELA, ATTY. BALTAZAR PICIO, in his capacity as Provincial Administrator, and MR. ANTONIO CHUA, in his capacity as Provincial Treasurer, respondents, GIORGIDI B. AGGABAO, intervenor.

Separate Opinions

VITUG, J., separate opinion;

I share the opinion of the majority of my colleagues that, for the reasons expressed in the ponencia, a plebiscite is essential in order to render effective the conversion of the City of Santiago, Isabela, from an independent to a component city. I would not go to the extent, however, of declaring Republic Act No. 7720 unconstitutional; instead, with due respect, I take the view that a plebiscite can be held conformably with the provisions of the Local Government Code. I do not see, in this instance, a serious incompatibility in having Republic Act No. 7720 stand along with the Local Government Code.

The Lawphil Project - Arellano Law Foundation

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