Your Excellency:
On behalf of the business community of the Province of Negros Oriental, we humbly present to you this Second Open Letter Request for Your Excellency to sign into law SB 2507, the law creating the Negros Island Region (NIR).
By the same opportunity, the business community of Negros Oriental wishes to refute and clarify the following new issues and concerns raised by the Diocese of Dumaguete as per their attached Second Open Letter to Your Excellency dated May 1, 2024 (ANNEX “A”):
On unfounded and baseless constitutional issues:
a.) The Diocese of Dumaguete claims that the creation of Negros Island Region (NIR) violates the 1987 Constitution allegedly because the creation of NIR is deemed an amendment to the attached 1987 Ordinance (Annex “B”) which was appended to the 1987 Constitution.
b.) Furthermore, the Diocese of Dumaguete insists that the creation of NIR is a constitutional amendment to the 1987 Ordinance (Annex “B”) that requires the conduct of a plebiscite.
Response/Rebuttal:
The constitutionality and validity of creating a new administrative (not Autonomous Regions like ARMM) Region has already been long settled and proven valid by the creation of CARAGA Administrative Region (Region 13) via RA 7901 in 1995 without the conduct of a plebiscite.
Under the attached 1987 Ordinance (appended to the 1987 Constitution), the three (3) Provinces of Agusan del Norte, Agusan del Sur, and Surigao del Norte were originally under Region 10 while Surigao del Sur was originally under Region 11. Eight (8) years later, RA 7901 was signed into law in 1995 by the late President Fidel Ramos creating a new Administrative (not Autonomous) Region called CARAGA Administrative Region denominated as Region 13 without a plebiscite thereby transferring the abovementioned provinces from Regions 10 and 11, respectively, to Region 13. The reason why a plebiscite was not conducted for the creation of Region 13 (CARAGA Region) is simply because the 1987 Constitution does not require a plebiscite for the creation of new administrative regions like CARAGA.
Under the 1987 Constitution, plebiscite is required only for Autonomous Regions like Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) and Cordillera Autonomous Region (CAR). Accordingly, since no plebiscite was conducted in the creation of Region 13 (CARAGA Region) in 1995 via RA 7901, there is therefore no need for a plebiscite in the creation of Negros Island Region (NIR) via SB 2507 transferring Negros Oriental and Siquijor originally from Region 7 to NIR and Negros Occidental originally from Region 6 to NIR.
Based on the foregoing, it is very clear that just as there is no NIR in the attached 1987 Ordinance, there is also no CARAGA Region (Region 13) in the attached ordinance; accordingly, inserting or adding CARAGA Region (Region 13) into the attached Ordinance in 1995 was not deemed an amendment to the attached ordinance and consequently, the creation of the CARAGA Region (Region 13) in 1995 without the benefit of a plebiscite was constitutional and did not violate the 1987 Constitution.
Corollarily, since the 1995 creation of CARAGA Region (Region 13) without a plebiscite is constitutional, likewise, the creation of Negros Island Region (NIR) without a plebiscite is also constitutional.
SEMA vs. Comelec, 580 Phil 623 (2008) case
The Supreme Court Decision in SEMA versus Comelec does not apply to NIR, because the said case pertains to the creation of new provinces and cities not the creation of a new administrative region. The Supreme Court in this case ruled that the Autonomous Region in Muslim Mindanao (ARMM) does not have the power to create new provinces and cities; thus, the creation of the province of Shariff Kabunsuan was declared unconstitutional.
In the case of NIR, since it is the Senate and the House of Representatives that created the NIR thru the unanimous enactment of Senate Bill 2507, there is no violation of the Constitution.
On alleged violation of Sec. 10, Article 10 of the 1987 Constitution:
The Diocese of Dumaguete claims that NIR violates Section 10, Article X, of the 1987 Constitution.
Response/Rebuttal:
We beg to disagree. Section 10, Article X of the 1987 Constitution does not apply to NIR for the following reasons:
a.) Senate Bill (SB) 2507 does not alter or modify any territorial boundary of the three (3) provinces because the metes and bounds of the three (3) provinces (Negros Oriental, Negros Occidental, and Siquijor) remain as it is and not a single inch of their provincial boundaries is altered, modified, divided, reduced, or merged.
b.) SB 2507 does not also alter or modify any political boundary because all the duly elected public officials in each of the three (3) provinces remain as it is. There will be no new Governor for NIR. The incumbent three (3) Governors and all other duly elected public officials in each of the three (3) Provinces will not be changed.
c.) The criteria established in the Local Government Code of 1991 (RA 7160) applies only to cities, municipalities, barangays, and provinces not regions because there is no Internal Revenue Allotments (ira) or National Tax Allocations (nta) for an administrative region. This is because unlike provinces, cities, municipalities, and barangays which have their respective treasurers, Administrative Regions do not have regional treasurers.
d.) The Local Government Code did not set the criteria or formula for computing Regional Internal Revenue Allotments (IRA) for each administrative region because Internal Revenue Allotments (IRA) and/or National Tax Allocations (NTA) applies only to cities, municipalities, provinces, and barangays not Regions.
On alleged violation of Section 2, Article x of the Constitution:
The Diocese of Dumaguete claims that NIR violates Section 2, Article X of the Constitution.
Response/Rebuttal:
We beg to disagree. Section 2, Article X of the Constitution does not apply to NIR because there is no alteration or modification in the political, administrative, and IRA of each of the three (3) provinces. The powers and responsibilities of all elected officials and administrative officials like treasurers, assessors, and budget officers in each province, city, municipality, and barangay remain as it is. The resources, income, and tax collections of each province, city, municipality, and barangay will not be altered, modified, merged, or disrupted because of NIR. Trade and commerce, investment promotions and tax collections of each province will not be affected by NIR. NIR will not also diminish tourism and cultural ties between and among Cebu, Negros Oriental, and Bohol, because NIR is purely an administrative regrouping to bring national government services closer to the poor people of Negros Oriental by establishing 16 new regional offices in Negros Oriental. Administrative Regions themselves are not territorial nor political divisions like provinces, cities, municipalities, and barangays but are “mere” groupings of contiguous provinces for Administrative purposes only.
On the alleged lack of economic study for the creation of nir:
The Diocese of Dumaguete claims that the NIR idea should be rejected for lack of economic/feasibility study.
Response/Rebuttal:
An economic study was undertaken by Dr. Wilma Tejero of Silliman University in 2014 which endorsed the creation of NIR. A copy of the economic study is hereto attached as Annex “C.”
On the allegation that nir is unnecessary and wasteful:
The Diocese of Dumaguete insists that the creation of NIR is unnecessary and wasteful.
Response/Rebuttal:
During the two (2)-years successful implementation of NIR from 2015-2017 under EO 183, Series of 2015, the NIR was able to bring government services closer to the people because of the presence of sixteen (16) regional offices in Dumaguete City from 2015 to 2017. The people of Negros Oriental did not have to travel 5-6 hours to and from Cebu City spending thousands of pesos paying for CERES Bus Fares travelling to and from Cebu City as well as Hotel expenses in Cebu City simply because the 16 regional offices were all located in Negros Oriental.
Finally, during the 2 years successful implementation of NIR from 2015 to 2017, the NIR was able to accomplish all its objectives and mandates without spending billions of pesos. A copy of the major accomplishments, milestones of NIR from 2015 to 2017 is hereto attached as Annex “D.” Likewise, a copy of the MetroPost Newspaper issue (April 28 to May 4, 2024) detailing the numerous economic benefits of NIR to ALL Sectors of Society is hereto attached as Annex “E.”
NECEBOLEY BRIDGE PROJECT:
The economic benefits of putting up 16 new regional offices in Negros Oriental FAR OUTWEIGH the benefits of NECEBOLEY Bridge Project, simply because the people of Negros Oriental need not anymore have to cross the NECEBOLEY bridge and travel 5-6 hours in grueling traffic to Cebu City if all the 16 new regional offices are established in Negros Oriental. Furthermore, the NECEBOLEY Bridge Project and the ongoing Panay-Guimaras-Negros (PGN) Bridge Project were both started and initiated in January 2017 during the two (2)-years NIR period from May 2015 to October 2017 to enhance trade and tourism all over the Visayas. To prove that the NECEBOLEY Bridge Project was started, conceptualized, and initiated during the two (2) years of NIR from 2015 to 2017, a copy of the FREEMAN Newspaper article dated January 30, 2017 by Freeman Newspaper writer Mr. Gregg Rubio is hereto attached as Annex “F.”
On the alleged absence of due process
The Diocese of Dumaguete claims that there was No Notice or invitation to participate in Congressional or Senate Hearings regarding NIR.
Response/Rebuttal:
As reiterated in our FIRST Open Letter to President BBM, there is no more need for Congressional/Senate Hearings, because the Diocese of Dumaguete never complained nor expressed their objection to NIR during its two (2) years (2015-2017) SUCCESSFUL IMPLEMENTATION. Not a single citizen of Negros Oriental complained or opposed NIR during the 2 years of NIR thus, there is no need for Congressional and Senate public hearings. However, the nagging questions that have never been satisfactorily answered by the Diocese of Dumaguete up to now are:
1.) Why is the Diocese of Dumaguete objecting to NIR only now? Why did the church not complain/object during the implementation of NIR from 2015 to 2017?
2.) Why stop or “sabotage” the signing of a very good law (SB 2507) right after the presidential pronouncement?
3.) What is the disadvantage of having 16 new regional offices in Negros Oriental?
4.) Why do we have to spend thousands of pesos for hotel and bus fares to and from Cebu City and traveling for 5-6 hours in Cebu City’s horrible traffic?
5.) Why did the church not express its opposition during the crafting of nir law by writing or calling Congressman Manuel Sagarbarria and Congresswoman Josy Limkaichong? The church had all the chances to write or call both representatives between january 2023 up to March 2024 but nobody lifted a finger.
6.) Why is the church objecting to the inclusion of Siquijor in nir when there is no objection or public outcry from both the public and private sectors of siquijor up to now?
The above nagging questions have remained unanswered up to today.
On 2014 and 2018 Poverty Rates of Negros Oriental
Before NIR, the 2014 Poverty Rate of Negros Oriental was 50% as sourced from the NIR Economic Study of Dr. Wilma Tejero of Silliman University (Annex “C”).
After 2-years successful implementation of NIR, the 2018 Poverty Rate for Negros Oriental dropped to 32.7% as reported in the MetroPost editorial (Page 4, April 14-20, 2024 Issue) as well as the SUNSTAR Cebu News article written by Ms. Cherry Ann Lim on January 7, 2024 (See Annexes “G” and “H”).
Recommendation:
In view of the foregoing counter arguments and rebuttals and given the drop in poverty rates from 50% in 2014 to 32.7% in 2018, we strongly recommend to Your Excellency to SIGN SB 2507 given the very successful implementation of NIR for 2.5 years from May 2015 to October 2017.
Thank you Your Excellency for your continued support to the tbusiness community.
Respectfully yours,
EDWARD C. DU, CPA
President
