November 2008 - Philippine Supreme Court Resolutions
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[G.R. No. 184474 : November 25, 2008] FERDINAND N. TALABONG VS. COMMISSION ON ELECTIONS); G.R. NO. 184477 (WALFREDO J. SUMILANG VS. COMMISSION ON ELECTIONS); AND G.R. NO. 185134 (FRUMENCIO E. PURGAR AND HOBART DEVEZA DATOR, JR. VS. SECRETARY EDUARDO R. ERMITA, IN HIS CAPACITY AS THE EXECUTIVE SECRETARY, SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, AND THE COMMISSION ON ELECTIONS :
[G.R. No. 184474 : November 25, 2008]
FERDINAND N. TALABONG VS. COMMISSION ON ELECTIONS); G.R. NO. 184477 (WALFREDO J. SUMILANG VS. COMMISSION ON ELECTIONS); AND G.R. NO. 185134 (FRUMENCIO E. PURGAR AND HOBART DEVEZA DATOR, JR. VS. SECRETARY EDUARDO R. ERMITA, IN HIS CAPACITY AS THE EXECUTIVE SECRETARY, SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, AND THE COMMISSION ON ELECTIONS
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated November 25. 2008
"G.R. No. 184474 (Ferdinand N. Talabong vs. Commission on Elections); G.R. No. 184477 (Walfredo J. Sumilang vs. Commission on Elections); and G.R. No. 185134 (Frumencio E. Purgar and Hobart Deveza Dator, Jr. vs. Secretary Eduardo R. Ermita, in his capacity as the Executive Secretary, Secretary of the Department of Budget and Management, and the Commission on Elections).- These are three separate petitions questioning the constitutionality of Republic Act No. 9495, entitled "An Act Creating the Province of Quezon del Sur" Petitioners claim that the law preterminates the term of office of the present elected officials of the Province of Quezon without due process and also creates a new province, Quezon del Norte, thereby covering another subject matter in a manner contrary to the Constitution. Respondent Commission on Elections has reportedly set a plebiscite for the measure on December 13, 2008.
The Court RESOLVES to consolidate the three petitions and to require respondents to file their comments to the petition in G.R. No. 185134 in ten (10) days from notice. In the meantime, let a TEMPORARY RESTRAINING ORDER ISSUE, without bond, to restrain respondents, particularly the Commission on Elections, from proclaiming the results of any plebiscite that may be held on the proposed creation of the new province or provinces under Republic Act No. 9495, until further orders of the Court."
Leonardo-de Castro, J., on official leave.
"G.R. No. 184474 (Ferdinand N. Talabong vs. Commission on Elections); G.R. No. 184477 (Walfredo J. Sumilang vs. Commission on Elections); and G.R. No. 185134 (Frumencio E. Purgar and Hobart Deveza Dator, Jr. vs. Secretary Eduardo R. Ermita, in his capacity as the Executive Secretary, Secretary of the Department of Budget and Management, and the Commission on Elections).- These are three separate petitions questioning the constitutionality of Republic Act No. 9495, entitled "An Act Creating the Province of Quezon del Sur" Petitioners claim that the law preterminates the term of office of the present elected officials of the Province of Quezon without due process and also creates a new province, Quezon del Norte, thereby covering another subject matter in a manner contrary to the Constitution. Respondent Commission on Elections has reportedly set a plebiscite for the measure on December 13, 2008.
The Court RESOLVES to consolidate the three petitions and to require respondents to file their comments to the petition in G.R. No. 185134 in ten (10) days from notice. In the meantime, let a TEMPORARY RESTRAINING ORDER ISSUE, without bond, to restrain respondents, particularly the Commission on Elections, from proclaiming the results of any plebiscite that may be held on the proposed creation of the new province or provinces under Republic Act No. 9495, until further orders of the Court."
Leonardo-de Castro, J., on official leave.
Very truly yours,
MA. LUISA D. VILLARAMA
Clerk of Court
By:
(Sgd.) FELIPA B. ANAMA
Assistant Clerk of Court
MA. LUISA D. VILLARAMA
Clerk of Court
By:
(Sgd.) FELIPA B. ANAMA
Assistant Clerk of Court