Philippine Supreme Court Resolutions > Year 2010 > July 2010 Resolutions > [G.R. No. 180050 : July 20, 2010] RODOLFO G. NAVARRO, ET AL. V. EXECUTIVE SECRETARY EDUARDO ERMITA, ET AL., RESPONDENTS; CONG. FRANCISCO T. MATUGAS, ET AL., :

Please take notice that the Court en banc issued a Resolution dated JULY 20, 2010, which reads as follows:

"G.R. No. 180050 (Rodolfo G. Navarro, et al. v. Executive Secretary Eduardo Ermita, et al., Respondents; Cong. Francisco T. Matugas, et al., Intervenors.) - On June 18, 2010, movants Congressman Francisco T. Matugas, Hon. Sol T. Matugas, Hon. Arturo Carlos A. Egay, Jr., Hon. Simeon Vicente G. Castrence, Hon. Mamerto D. Galanida, Hon. Margarito M. Longos, and Hon. Cesar M. Bagundol filed a Motion for Leave to Intervene and to File and to Admit Intervenors' Motion for Reconsideration of the Resolution dated May 12, 2010.

Movants claim that they have legal interest in this case as they are the duly-elected officials^[1] of Surigao del Norte in the May 10, 2010 elections, and their positions will be affected by the nullification of the election results in the event that the Resolution dated May 12, 2010 in this case is not reversed and set aside. On February 10, 2010, the Court rendered a Decision in the instant case, the dispositive portion of which reads:

WHEREFORE, the petition is GRANTED. Republic Act No. 9355, otherwise known as An Act Creating the Province of Dinagat Islands, is hereby declared unconstitutional. The proclamation of the Province of Dinagat Islands and the election of the officials thereof are declared NULL and VOID. The provision in Article 9 (2) of the Rules and Regulations Implementing the Local Government Code of 1991 stating, "The land area requirement shall not apply where the proposed province is composed of one (1) or more islands," is declared NULL and VOID.

The Office of the Solicitor General (OSG) filed a motion for reconsideration in behalf of public respondents, and respondent Governor Geraldine Ecleo Villaroman, representing the Province of Dinagat Islands, also filed a separate motion for reconsideration of the Decision dated February 10, 2010.

On May 12, 2010, the Court issued a Resolution denying the motions for reconsideration for lack of merit.

Meantime, on March 9, 2010, the Commission on Elections issued Resolution No. 8790,^[2] the pertinent portion of which reads:

x x x x

NOW, THEREFORE, with the current system configuration, and depending on whether the Decision of the Supreme Court in Navarro vs. Ermita is reconsidered or not, the Commission RESOLVED, as it hereby RESOLVES, to declare that:

1. If the Decision is reversed, there will be no problem since the current system configuration is in line with the reconsidered Decision, meaning that the Province of Dinagat Islands and the Province of Surigao del Norte remain as two (2) separate provinces;
   
   
2. If the Decision becomes final and executory before the election, the Province of Dinagat Islands will revert to its previous status as part of the First Legislative District, Surigao del Norte.
   
   x x x x
   
   
3. If the Decision becomes final and executory after the election, the Province of Dinagat Islands will revert to its previous status as part of the First Legislative District of Surigao del Norte.
   
   The result of the election will have to be nullified for the same reasons given in item "b" above. A special election for Governor, Vice-Governor, Member, House of Representatives, First Legislative District of Surigao del Norte, and Members, Sangguniang Panlalawigan, First District, Surigao del Norte (with Dinagat Islands) will have to be conducted.
   

Since movants' elective positions will be adversely affected if the Resolution dated May 12, 2010 is not reversed, they pray that they be allowed to intervene in this case and to file their Intervenors' Motion for Reconsideration of the Resolution dated May 12, 2010, and that their motion for reconsideration be admitted by the Court.

The issue is whether or not intervention may be allowed after the Court has denied the motions for reconsideration of its Decision in this case.

The Court rules in the negative.

Fundamentally, the allowance or disallowance of a motion to intervene is addressed to the sound discretion of the court.^[3] Under Section 2, Rule 19 of the Rules of Court, a motion to intervene may be filed at any time before rendition of judgment by the trial court. Since this case originated from an original action filed before this Court, the appropriate time to file the motion-in-intervention is before and not after resolution of this case.^[4]

WHEREFORE, the Motion for Leave to Intervene and to File and to Admit Intervenors' Motion for Reconsideration of the Resolution dated May 12, 2010 is DENIED.

In view of the resolution of June 29, 2010, noting without action the second motions for reconsideration filed by counsel for respondent the New Province of Dinagat Islands and by the Office of the Solicitor General for the public respondents, the Court further Resolves to NOTE WITHOUT ACTION the

(a) Opposition to Respondents' Second Motions for Reconsideration dated June 15, 2010 filed by counsel for petitioner;

(b) Motion to Admit Reply (Re: Opposition to Respondents' Motion for Reconsideration dated June 15, 2010), dated July 6, 2010, filed by counsel for respondent the New Province of Dinagat Islands; and

(c) Aforesaid Reply dated June 15, 2010."

Endnotes:

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[1] Based on the results of the May 10, 2010 elections, movant Congressman Francisco T. Matugas is the Congressman-Elect of the First Legislative District of Surigao del Norte; movants Hon. Sol T. Matugas and Hon. Arturo Carlos A. Egay, Jr. are the Governor-Elect and Vice-Governor-Elect, respectively, of the Province of Surigao del Norte; while movants Hon. Simeon Vicente G. Castrence, Hon. Mamerto D. Galanida, Hon. Margarito M. Longos, and Hon. Cesar M. Bagundol are the Board Members-Elect of the First Provincial District of Surigao del Norte.

[2] Entitled IN THE MATTER OF THE EFFECT OF THE DECISION OF THE SUPREME COURT IN THE CASE OF "RODOLFO G. NAVARRO, ET AL. v. EXECUTIVE SECRETARY EDUARDO ERMITA. representing the President of the Philippines. ET AL." (G.R. No. 180050), DECLARING THE CREATION OF THE PROVINCE OF DINAGAT ISLANDS AS UNCONSTITUTIONAL THEREBY REVERTING SAID PROVINCE TO ITS PREVIOUS STATUS AS PART OF THE PROVINCE OF SURIGAO DEL NORTE.

[3] Heirs of Geronimo Restrivera v. De Guzman, 478 Phil. 592, 602 (2004).

[4] Republic v. Gingoyon, G.R. No. 166429, February 1, 2006, 481 SCRA 457.