Lidasan v. Comelec

Bara Lidasan vs. Commission on Elections,21 SCRA 542

Facts:  RA 4790, entitled "An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur,” took effect on June 18, 1966. It sought to create the new municipality of Dianaton within barrios in Lanao del Sur, but also included barrios located in Cotabato. Bara Lidasan, a resident and taxpayer of the detached portion of Parang, Cotabato requested for certiorari and prohibition and declare RA 4790 as unconstitutional because its Title is misleading and invoked the provision of the Constitution that the title of a bill is to be couched in a language sufficient to notify the legislators and the public and those concerned of the import of the single subject thereof.

Issue: Whether the title of RA 4790 "An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur" satisfied the provision of the Constitution that the title of an act must be sufficient to notify the public and others concerned of its substance.

Decision:  RA4970, “An Act Creating the Municipality of Dianaton, in the Province of Lanao del Sur,” is deemed unconstitutional.  The very title projected the impression that Lanao del Sur is the only province affected by the act. This statute apprised neither Congress nor the people in the towns of Buldon and Parang in Cotabato and in the province of Cotabato that part of Cotabato’s territory is being taken to add to the adjacent Lanao del Sur. 

Dissenting opinion: Fernando, J.

The said provision of the Constitution must be construed liberally as this has been the general disposition in all courts, as opposed to the strict interpretation of the Supreme Court. Thus, the title of RA 4790 is sufficient to inform the public of its substance, namely, the creation of the Municipality of Dianaton in the province of Lanao del Sur.