Cebu-wide plebiscite on Lapu-Lapu HUC conversion sought

CEBU, Philippines — Lapu-Lapu City’s status as a highly-urbanized city (HUC) would remain “illegal” unless the requirement of a province-wide plebiscite is complied with as provided for under the 1987 Constitution.

With this, Secretary Adelino Sitoy, chief of the Presidential Legislative Liaison Office, has called on the Provincial Board to ask the Commission on Elections (Comelec) to conduct a plebiscite to legalize the conversion of Lapu-Lapu City into an HUC.

“There is nothing that will prejudice the Province of Cebu in making such request to the Comelec; its legal basis if the aforecited Supreme Court decision; it is up to the Comelec to act accordingly,” read Sitoy’s letter dated August 13, 2018 addressed to Vice Governor Agnes Magpale, the PB’s presiding officer.

“But, on record, the Province of Cebu cannot be blamed in the future for doing nothing in the light of the Umali doctrine or for feigning ignorance thereof,” he added.

Last Monday, the PB referred the matter to the Committee on Laws chaired by Board Member Raul Bacaltos for review.

Sitoy was referring to the SC decision dated April 22, 2014 in the case of former Nueva Ecija governor Aurelio Umali vs Comelec, Julius Cesar Vergara, and the city government of Cabanatuan, GR No. 203974.

The SC ordered Comelec to include the rest of  Nueva Ecija in the plebiscite, given that the province's income will be significantly affected once Cabanatuan City attains autonomy as an HUC.

Section 10, Article X of the Constitution provides that “no province, city, municipality, or barangay 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 approval by a majority of the votes cast in a plebiscite in the political units directly affected.”

In the said decision, the situation of Lapu-Lapu City was raised by the Comelec.

Then president and now House Speaker Gloria Macapagal-Arroyo, proclaimed Lapu-Lapu as HUC with the issuance of Presidential Proclamation No. 1222 on January 23, 2007.

Majority of the votes cast in a plebiscite held on July 21, 2007 participated by only registered voters of Lapu-Lapu City approved the conversion.

However, the SC opined that because the plebiscite in Lapu-Lapu City was not properly raised in an actual controversy, no appropriate ruling would be made thereon. — KBQ (FREEMAN)