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SC orders Solicitor General to comment on petition vs. NIR

September 10, 2024

The Supreme Court of the Philippines has ordered the Solicitor General to submit a comment to the petition filed by six residents of Negros Oriental and Siquijor questioning the law creating the new administrative region.

The High Court, in a post on its official Facebook page and website, said the petition is “challenging the validity of Republic Act No. 12000, which creates the Negros Island Region composed of the provinces of Negros Occidental including Bacolod City, Negros Oriental, and Siquijor.”

“The Court required the respondents to file their comment to the petition and prayer for temporary restraining order within a non-extendible period of 10 days from notice,” a briefer from the SC said.

The petition was filed by the Barug Negros Oriental and Siquijor, represented by Fr. Hendrix Alar, Dr. Maria Lina Eparwa, Engineer Wilfredo Magallano, and Atty. Marcelino Maxino; and Tingog Siquijodnon, represented by lawyers Jose Imaculado Palmitos and Grace Sumalpong.

They asked the high court to issue a temporary restraining order or a writ of preliminary injunction on the implementation of the NIR and for it to be declared unconstitutional.

They argued that RA 12000, which was signed by President Marcos on June 13, “was never submitted to the people through a plebiscite as constitutionally required, neither was there any public consultation.”

The petition was filed two months after the NIR Act was signed into law by President Ferdinand Marcos Jr. on June 13.

The NIR is composed of the provinces of Negros Occidental (including Bacolod City), Negros Oriental, and Siquijor.

Earlier, Gov. Eugenio Jose Lacson and other leaders in the province were one in saying that they are leaving it to the Supreme Court. Rep. Emilio Bernardino Yulo (5th district) said the issues raised by the petitioners NIR “will not fly.”

“It is allowed under the law that anyone can seek a legal remedy to question the constitutionality of the law. We have always conducted everything in accordance with what is provided by the law. As to the question that there was no plebiscite. It is not applicable only in the creation of local government unit but not in an administrative region,” Yulo pointed out.

“We respect their rights. It is a legislative prerogative and an exercise of executive wisdom,” he added.

President Ferdinand Marcos Jr. signed the NIR Act, which unifies the provinces of Negros Occidental, including Bacolod City, Negros Oriental, and Siquijor into one administrative region, on June 13.* (EYA)

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