• GILBERT P. BAYORAN
The Supreme Court has ordered the Solicitor General to comment on the petition challenging the validity of RA 12000, which created the Negros Island Region.
Rev. Fr. Hendrix Alar, Dr. Maria Lina Eparwa, Wilfredo Magallano, Attorneys Marcelino Maxino, Jose Imaculado Palmitos, and Grace Sumalpong filed a petition for declaratory relief and prohibition, with application for a Temporary Restraining Order, and, or, writ of preliminary injunction, seeking to declare unconstitutional RA 12000, which creates the NIR, composed of the provinces of Negros Occidental, Negros Oriental, and Siquijor.
The SC has required the respondents to file their comment to the petition and prayer for TRO within a non-extendible period of 10 days from notice.
The leaders of Negros Occidental and Negros Oriental are leaving it to the SC to decide on the fate of the Negros Island Region (NIR).
RA 1200, or the NIR Act, was signed into law by President Ferdinand Marcos Jr. in June this year.
“It’s a free country. Anybody can file a petition before the SC when they want to. But it will be up to SC to decide, what is best and how to treat that petition,” said Negros Occidental Eugenio Jose Lacson, adding that many are saying that “NIR is good for the three provinces,” contrary to claims.
Negros Oriental Gov. Manuel “Chaco” Sagarbarria also said that it is up for the SC to decide on the matter, as he dismissed the claims of insufficient consultations.
Should a temporary restraining order be issued by the Supreme Court, it will delay the implementation of the NIR, said Negros Occidental 5th district Representative Emilio Bernardino Yulo III.
Yulo, however, said the issues raised by the petitioners against the creation of the NIR “will not fly.”
Yulo, one of the authors of Republic Act 12000 that created the new administrative region, said “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 applicable only in the creation of a local government unit and not in an administrative region,” he pointed out.
On whether it will need a plebiscite, Yulo said he did not find any reasons, or particular provisions in the Constitution that provides for a plebiscite. In the creation of a local government unit, specifically, province, city, municipality, and a barangay, there is such a requirement for a plebiscite, but not in the creation of an administrative region, he stressed.*