Case Digest - Political Law

Padilla vs. COMELEC
Pursuant to RA 7155, creating the Municipality of Tulay na Lupa in the province of Camarines Norte to be composed of Barangays Tulay-naLupa, Lugui, San Antonio, Mabilo I, Napaod, Bayan-bayn, Mataulang, Pag-asa, Maot, and Calabasa, all in the Municipalty of Labo, some province, COMELEC scheduled a plebiscite was conducted throughout the municipality of Labo and majority voted against the creation of the Municipality of Tulay-na-Lupa. Petitioner prayed that the plebiscite conducted to set aside with the contention that such plebiscite was a complete failure.
Whether or not the plebiscite conducted in the areas comprising the proposed Municipality of Tulay na Lupa and the remaining areas of the mother Municipality of Labo is valid.
COMELEC did not commit grave abuse of discretion and the result of the plebiscite rejecting the creation of the new municipality of Tulay-na-Lupa is valid.
It stands to reason that when the law states that the plebiscite shall be conducted “in the political units directly affected,” it means that residents of the political entity who would be economically dislocated by the separation of a portion thereof have a right to vote in said plebiscite. Evidently, what is contemplated by the phrase “political units directly affected” is the plurality of the political units which would participate in the plebiscite.

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