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    Cawaling vs. COMELEC

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    Kevin Besa
    The case involved a petition challenging the creation of the City of Sorsogon through a merger of two municipalities based on alleged violations of requirements for a plebiscite. The Supreme Court dismissed the petition, upholding the presumption of constitutionality for statutes.

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    Cawaling vs. COMELEC

    Uploaded by

    Kevin Besa
    13 views1 page
    The case involved a petition challenging the creation of the City of Sorsogon through a merger of two municipalities based on alleged violations of requirements for a plebiscite. The Supreme Court dismissed the petition, upholding the presumption of constitutionality for statutes.

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    © © All Rights Reserved

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    The case involved a petition challenging the creation of the City of Sorsogon through a merger of two municipalities based on alleged violations of requirements for a plebiscite. The Supreme Court dismissed the petition, upholding the presumption of constitutionality for statutes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13 views1 page

    Cawaling vs. COMELEC

    Uploaded by

    Kevin Besa
    The case involved a petition challenging the creation of the City of Sorsogon through a merger of two municipalities based on alleged violations of requirements for a plebiscite. The Supreme Court dismissed the petition, upholding the presumption of constitutionality for statutes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Cawaling vs.

    COMELEC
    GR Nos. 146319 and 146342 dated August 10, 1992

    FACTS:

     Former Pres. Estrada signed into law RA No. 8806 “An Act Creating the City of Sorsogon by
    Merging The Municipalities of Bacon and Sorsogon in the Province of Sorsogon, and
    Appropriating Funds Therefor”
     Pursuant to Art. X of the Constitution, a plebiscite was conducted. PCGC proclaimed the creation
    of City of Sorsogon.
     Invoking his right as a resident and taxpayer, Cawaling filed a petition for certiorari seeking
    annulment of plebiscite based on the following grounds: (1) the plebiscite was conducted
    beyond the required 120-day period from the approval of RA 8806 in violation of Sec. 54 therof;
    and (2) respondent COMELEC failed to observe the legal requirement of 20 days extensive
    information campaign.
     He also contended that a component city may be created only by converting “a municipality or a
    cluster of barangays”, not by merging two municipalities as what RA No. 8806 has done.
     Hence, the present petition

    ISSUE/S:
    W/N

    HELD:

    NO. The petition was DISMISSED.

    Every statute has in its favor the presumption of constitutionality. The presumption is rooted in the
    doctrine of separation of powers which enjoins upon the three coordinate department of the
    Government a becoming courtesy for each other’s act. The theory is that every law, being the joint act of
    the Legislature and the Executive, has passed careful scrutiny to ensure that it is in accord with the
    fundamental law.

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