EN BANC to another of necessity involves reduction of area, population and income of the rst
and the corresponding increase of those of the other. This is as important as the
[G.R. No. L-28089. October 25, 1967.]
BARA LIDASAN , petitioner, vs. COMMISSION ON ELECTIONS ,
respondent.
Jalandoni & Jamir for petitioner.
Ramon Barrios for the Comelec.
Solicitor General Antonio P. Barredo and Solicitor H. C. Fule for the Republic of
the Philippines.
SYLLABUS
1. CONSTITUTIONAL LAW; BILLS MUST NOT EMBRACE MORE THAN ONE
SUBJECT EXPRESSED IN THE TITLE — This constitutional provision contains dual
limitations upon legislative power: (1) Congress is to refrain from conglomeration,
under one statute, of heterogeneous subjects; (2) the title to the bills is to be couched
in a language su cient to notify the . . . and those concerned of the import of the single
subject thereof.
2. ID.; BILLS, SUBJECT MUST BE EXPRESSED IN TITLE OF. — This constitution
requirement breathes the spirit of command. Compliance is imperative, given the fact
that the Constitution does not exact of Congress the obligation to read during its
deliberations the entire text of the bill. In fact, in the case of House Bill 1247, which
became Republic Act 4790, only its title was read from its introduction to its nal
approval in the House where the same, being of local application, originated.
3. ID.; ID.; MISLEADING AND DECEPTIVE TITLE UNCONSTITUTIONAL. — Where
the title of the statute reads "An Act Creating The Municipality of Dianaton, in The
Province of Lanao del Sur" which projects the impression that solely the province of
Lanao del Sur is affected by such creation although, in fact, the two-pronged purpose is
to create such municipality purportedly from twenty-one barrios in the towns of Butig
and Balabagan, Lanao del Sur, and to dismember at the same time two municipalities in
Cotabato, different from the province of Lanao del Sur, such title is misleading and
deceptive, because (1) it did not inform the members of Congress as to the full impact
of the law; (2) it did not apprise the people in the towns of Buldon and Parang in
Cotabato and in the province of Cotabato itself that part of their territory was being
taken away from their towns and province and being added to the adjacent province of
Lanao del Sur; and (3) it kept the public in the dark as to what towns and provinces
were actually affected by the bill. These are the pressures which weigh heavily against
the constitutionality of Republic Act 4790.
4. ID.; ID; SIZEABLE TERRITORIAL TRANSFER MUST BE REFLECTED IN TITLE. —
Respondent's stance that the change in boundaries of the two provinces resulting in the
substantial diminution of the territorial limits of Cotabato province is merely the
incidental legal results of the de nition of the boundary of the municipality of Dianaton
and that, therefore, reference to said diminution need not be expressed in the title of the
law, such posture but emphasizes the error of constitutional dimensions in writing
down the title of the bill, as transfer of a sizeable portion of territory from one province
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creation of a municipality; yet, the title failed to reflect this fact.
5. ID.; ID.; DOCTRINE IN FELWA VS'. SALAS NOT APPLICABLE; GERMANE
MATTERS NEED NOT BE REFLECTED IN TITLE OF BILL. — (64 Off. Gaz. [35] 8822)
where the constitutionality of the statute reading "An Act Creating The Provinces of
Benguet, Mountain Province, Ifugao, and Kalinga-Apayao" has been upheld by the Court
despite the fact that no reference had been made as to the elective o cials of the
provinces thus created, is not in focus, "for surely, an Act creating said provinces must
be expected to provide for the o cers who shall run the affairs thereof" which is
"manifestly germane to the subject" of the legislation, as set forth in its title. The statute
at bar stands altogether on a different footing. The lumping together of barrios in
adjacent but separate provinces under one statute is neither a natural nor logical
consequence of the creation of the new municipality of Dianaton, for a change of
boundaries of the two provinces may be made without necessarily creating a new
municipality and vice versa.
6. ID.; STATUTES; RULE OF SEPARABILITY OF CONSTITUTIONAL AND
UNCONSTITUTIONAL PORTIONS. — Although the general rule is that where part of a
statute is void, as repugnant to the Organic Law, while another part is valid, the valid
portion, if separable from the invalid, may stand and be enforced; yet, where parts of
the statute are so mutually dependent and connected, as conditions, considerations,
inducements, or compensations for each other, as to warrant a belief that the
legislature intended them as a whole, and that if all could not be carried into effect, the
legislature would not pass the residue independently, then, if some parts are
unconstitutional, all the provisions which are thus dependent, conditional or connected,
must fall with them.
7. ID.; ID.; ID.; CASE AT BAR. — Where the explanatory note to House Bill 1247,
now Republic Act 4790 states that the twenty-one barrios (only 9 in Lanao del Sur and
12 in Cotabato, with the seat of government in Togaig, Cotabato) comprising the new
municipality of Dianaton "is now a progressive community; the aggregate population is
large; and the collective income is su cient to maintain an independent municipality"
and that "if enacted into law, will enable the inhabitants concerned to govern
themselves and enjoy the blessings of municipal autonomy," unquestionably the totality
of 21 barrios was in the mind of the proponent thereof, and the Court may not now say
that Congress intended to create Dianaton with only nine out of twenty-one barrios, with
a seat of government still left to be conjectured, for this unduly stretches judicial
interpretation of congressional intent beyond credibility point, and to do so indeed, is to
pass the line which circumscribes the judiciary and tread on legislative premises.
Paying due respect to the traditional separation of powers, the Court may not now melt
and recast Republic Act 4790 to read a Dianaton town of nine instead of the originally
intended twenty-one barrios, and if these nine barrios are to constitute a town at all, it is
the function of Congress, not the Court's, to spell out that congressional will. Republic
Act 4790 is thus indivisible and it is accordingly null and void in its totality.
8. ID.; A QUALIFIED VOTER AS PARTY IN INTEREST. — Where the Commission on
Elections has resolved to implement Republic Act 4790 unless declared
unconstitutional despite recommendation until "clari ed by correcting legislation," and
where the right of every citizen, taxpayer and voter of a community affected by
legislation creating a town to ascertain that the law so created is not dismembering his
place of residence has been recognized in this jurisdiction, a quali ed voter who
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 expects to vote in the elections in his own barrio before its annexation to the newly
created town, is an affected party, as he may not want to vote in a town different from
his actual residence; may not desire to be considered a part of hitherto different
communities which are formed into the new town; may prefer to remain in the place
where he is and as it was constituted, and continue to enjoy the rights and bene ts he
acquired therein; may not even know the candidates of the new town; may express a
lack of desire to vote for anyone of them; may feel that his vote should be cast for the
o cials in the town before dismemberment, and it stands to reason to say that when
the constitutional right to vote on the part of any citizen of that community is affected,
he may become a suitor to challenge the constitutionality of the Act as passed by
Congress. cdasia

FERNANDO, J ., dissenting :
1. CONSTITUTIONAL LAW; STATUTES; NO BILL SHOULD EMBRACE MORE THAN
ONE SUBJECT WHICH SHALL BE EXPRESSED IN ITS TITLE. — The constitutional
requirement is that no bill which may be enacted into law shall embrace more than one
subject which shall be expressed in the title of the bill. This provision is similar to those
found in the Constitution of many American States. It is aimed against the evil of the so-
called omnibus bills, and log-rolling legislation, and against surreptitious or
unconsidered enactments. Where the subject of a bill is limited to a particular matter,
the members of the legislature as well as the people should be informed of the subject
of proposed legislative measures. This constitutional provision thus precludes the
insertion of riders in legislation, a rider being a provision not germane to the subject
matter of the bill.
2. ID.; ID.; ID.; REQUIREMENT SATISFIED IF ALL PARTS OF THE ACT WHICH
RELATES TO THE SUBJECT FINDS EXPRESSION IN ITS TITLE. — It is not to be narrowly
construed though as to cripple or impede proper legislation. The construction must be
reasonable and not technical. It is su cient if the title be comprehensive enough
reasonably to include the general object which the statute seeks to effect without
expressing each and every end and means necessary for the accomplishment of that
object. Mere details need not be set forth. The legislative is not required to make the
title of the act a complete index of its contents. The constitutional provision is satis ed
if all parts of all act which relates to its subject find expression in its title.
3. ID.; ID.; ID.; CONSTRUCTION TO BE GIVEN TO REPUBLIC ACT 4790. — To avoid
any doubt as to the validity of such statute, it must be construed as to exclude from
Dianaton all of such barrios mentioned in Republic Act No. 4790 found in municipalities
outside Lanao del Sur. As thus interpreted, the statute can meet the test of the most
rigid scrutiny. Nor is this to do violence to the legislative intent. What was created was a
new municipality from barrios named as found in Lanao del Sur. This construction
assures precisely that.
4. ID.; ID.; ID.; ID.; ADOPTION OF INTERPRETATION TO SUPPORT THE
CONSTITUTIONALITY OF LEGISLATION. — Both Philippine and American decisions
unite in the view that a legislative measure, in the language of Van Devanter "should not
be given a construction which will imperil its validity where it is reasonably open to
construction free from such peril." (Chippewa Indians v. United States (1937) 301 US.
358, 376). Republic Act No. 4790 as above construed incurs no such risk and is free
from the peril of nullity.

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