Beruflich Dokumente
Kultur Dokumente
et al. Respondents also maintain that the requisites under the Local
Sec. 3 of Constitution in relation to Sec. 197 of Local Government Government Code (P.D. 337) for the creation of the new province of
Code Negros del Norte have all been duly complied with, Respondents
discredit petitioners' allegations that the requisite area of 3,500
Facts: This case was prompted by the enactment of Batas Pambansa
square kilometers as so prescribed in the Local Government Code for
Blg. 885, An Act Creating a New Province in the Island of Negros to
a new province to be created has not been satisfied. Petitioners insist
be known as the Province of Negros del Norte, effective Dec. 3,
that the area which would comprise the new province of Negros del
1985. (Cities of Silay, Cadiz and San Carlos and the municipalities of
Norte, would only be about 2,856.56 square kilometers and which
Calatrava, Taboso, Escalante, Sagay, Manapla, Victorias, E.R.
evidently would be lesser than the minimum area prescribed by the
Magalona, and Salvador Benedicto proposed to belong to the new
governing statute. Respondents, in this regard, point out and stress
province).
that Section 2 of Batas Pambansa Blg. 885 creating said new province
Pursuant to and in implementation of this law, the COMELEC plainly declares that the territorial boundaries of Negros del Norte
scheduled a plebiscite for January 3, 1986. Petitioners opposed, comprise an area of 4,019.95 square kilometers, more or less. The
filing a case for Prohibition and contending that the B.P. 885 is reasons in the mentioned cases invoked by respondents herein were
unconstitutional and not in complete accord with the Local formerly considered acceptable because of the views then taken that
Government Code because: local autonomy would be better promoted .
• The voters of the parent province of Negros Occidental, other Issue: WON the plebiscite was legal and complied with the
than those living within the territory of the new province of Negros constitutional requisites of the Consititution, which states that —
del Norte, were not included in the plebiscite. “Sec. 3. No province, city, municipality or barrio may be created,
divided, merged, abolished, or its boundary substantially altered
• The area, which would comprise the new province of Negros del except in accordance with the criteria established in the Local
Norte would only be about 2,856.56 sq. km., which is lesser than the Government Code, and subject to the approval by a majority of the
minimum area prescribed by the governing statute, Sec. 197 of LGC. votes in a plebiscite in the unit or units affected”?
Respondents argue that the remaining cities and municipalities of the Ruling: Not legal. In the earlier case, what was involved was a division
Province of Negros Occidental not included in the area of the new of a barangay which is the smallest political unit in the Local
Province of Negros del Norte, do not fall within the meaning and Government Code. Understandably, few and lesser problems are
scope of the term "unit or units affected", as referred to in Section 3 involved. In the case at bar, creation of a new province relates to the
of Art. XI of our Constitution. On this reasoning, respondents largest political unit contemplated in Section 3, Art. XI of the
maintain that Batas Pambansa Blg. 885 does not violate the Constitution. To form the new province of Negros del Norte no less
Constitution, invoking and citing the case of Governor Zosimo than three cities and eight municipalities will besubtracted from the
Paredes versus the Honorable Executive Secretary to the President, parent province of Negros Occidental. This will result in the removal
of approximately 2,768.4 square kilometers from the land area of an Petitioners argued that the LGC must first be enacted to determine
existing province whose boundaries will be consequently the criteria for the creation of any province, city, municipality, or
substantially altered. It becomes easy to realize that the consequent barrio and since no LGC had yet been enacted as of the date BP 56
effects cf the division of the parent province necessarily will affect all was passed, the latter could not have possibly complied with any
the people living in the separate areas of Negros Occidental and the criteria when the Municipality was created.
proposed province of Negros del Norte. The economy of the parent
The Local Government Code came into being only on 10 February
province as well as that of the new province will be inevitably
1983 so that when BP 56 was enacted, the code was not yet in
affected, either for the better or for the worse. Whatever be the case,
existence.
either or both of these political groups will be affected and they are,
therefore, the unit or units referred to in Section 3 of Article XI of the Issue: WON the Local Government Code must first be enacted to
Constitution which must be included in the plebiscite contemplated determine the criteria for the creation, division, merger, abolition, or
therein. Paredes vs. Executive (G.R. No. 55628) should not be taken substantial alteration of the boundary of any province, city,
as a doctrinal or compelling precedent. Rather, the dissenting view of municipality, or barrio; and that since no Local Government Code had
Justice Abad Santos is applicable, to wit: as yet been enacted as of the date BP 56 was passed, that statute
could not have possibly complied with any criteria when respondent
“…when the Constitution speaks of “the unit or units affected” it
Municipality was created, hence, it is null and void.
means all of the people of the municipality if the municipality is to be
divided such as in the case at bar or of the people of two or more Ruling: The absence of the Local Government Code at the time of its
municipalities if there be a merger.” enactment did not curtail nor was it intended to cripple legislative
competence to create municipal corporations. Section 3, Article XI of
Torralba vs Municipality of Sibagat
the 1973 Constitution does not proscribe nor prohibit the
Batas Pambansa 56, enacted February 1980, created the Municipality modification of territorial and political subdivisions before the
of Sibagat, Province of Agusan del Sur. Petitioners assail its validity enactment of the Local Government Code. It contains no
for being violative of Section 3, Article XI, 1973 Constitution: requirement that the Local Government Code is a condition sine qua
non for the creation of a municipality, in much the same way that the
creation of a new municipality does not preclude the enactment of a
Sec. 3. No province, city, municipality, or barrio may be created, Local Government Code. What the Constitutional provision means is
divided, merged, abolished, or its boundary substantially altered, that once said Code is enacted, the creation, modification or
except in accordance with the criteria established in the Local dissolution of local government units should conform with the
Government Code, and subject to the approval by a majority of the criteria thus laid down. In the interregnum before the enactment of
votes cast in a plebiscite in the unit or units affected. such Code, the legislative power remains plenary except that the
people concerned in a plebiscite called for the purpose should substantially altered, except in accordance with the criteria
approve the creation of the new local government unit. established in the local government code, and subject to the approval
by a majority of the votes cast in a plebiscite in the unit or units
affected." The Local Government Code was not enacted until 1983.
The creation of the new Municipality of Sibagat conformed to said
Issue: WON PD 824 is unconstitutional as it was enacted prior to the
requisite. A plebiscite was conducted and the people of the unit/units
creation of a local government code.
affected endorsed and approved the creation of the new local
government unit. In fact, the conduct of said plebiscite is not Held: No. Ratio: The challenge does not suffice to call for a
questioned herein. The officials of the new Municipality have declaration of unconstitutionality. The last vestige of doubt has been
effectively taken their oaths of office and are performing their removed by the present constitutional provision regarding the
functions. A dejure entity has thus been created. Batasang Pambansa. That provision clearly recognizes the existence
of the Metropolitan Manila. Justification as to PD 824. In PD 824,
The power to create a municipal corporation is legislative in nature.
reference was made to "the referendum held on February 27, 1975
In the absence of any constitutional limitation, a legislative body may
wherein the residents of the Greater Manila Area authorized the
create any corporation it deems essential for the more efficient
President to restructure the local governments into an integrated
administration of government. The creation of the new Municipality
unit of the manager or commission form of government.” It was then
was a valid exercise of legislative power vested by the 1973
pointed out that "the rapid growth of population and the
Constitution in the Interim Batasang Pambansa.
corresponding increase of social and economic requirements in the
Gemiliano Lopez vs Comelec contiguous communities has brought into being a large area that calls
for development both simultaneous and unified. It "is vital to the
GEMILIANO LOPEZ JR V COMELEC (1985) survival and growth of the aforementioned Greater Manila Area that
Facts: PD 824 or an act creating the Metropolitan Manila, was a workable and effective system be established for the coordination,
enacted to establish and administer program and provide services integration and unified management of such local government
common to" the cities of Manila, Quezon, Pasay, and Caloocan as well services or functions" therein. There is necessity for "the unified
as thirteen municipalities in the surrounding area. This is in response metropolitan services or functions to be planned, administered, and
to the sharp growth in the population of Manila and the proliferation operated [based on] the highest professional technical standards." 15
of commercial firms and industries, which resulted to the ever- The foregoing constitutes the justification for and the objective of
increasing inability of the separate local governments to cope with such Presidential Decree. Application of Paredes vs Executive
the ensuing serious problems. Metro Manila shall be administered by Secretary. In Paredes vs Executive Secretary, the Court did came to
the Commission. Petitioners assail the constitutionality of PD 824. the conclusion that the constitutional provision on the need for a
They rely on this provision: "No province, city, municipality, or barrio majority of the votes cast in the plebiscite in the unit or units affected
may be created, divided, merged, abolished, or its boundary would be satisfied even if "those voters who are not from the
barangay to be separated were excluded in the plebiscite." It cannot the Sangguniang Bayans provided for in the four cities and thirteen
be argued therefore that the plebiscite held in the areas affected to municipalities that the membership be identical with those of other
constitute Metropolitan Manila in the referendum on February 27, cities or municipalities. There is ample justification for such a
1975 was not a sufficient compliance with the constitutional distinction Basis in the Constitution.Article VIII, Section 2 of the
provision. With the voters in such four cities and thirteen Constitution expressly recognized the juridical entity known as
municipalities, now composing Metropolitan Manila, having Metropolitan Manila. Such express constitutional affirmation of its
manifested their will, the constitutional provision relied upon by existence in the fundamental law calls for the dismissal of these
petitioners has been satisfied. It is to be noted likewise that at the petitions, there being no legal justification for the declaration of
time of such plebiscite in February, 1975, there was no Local unconstitutionality of Presidential Decree No. 824. Nor was it the first
Government Code. Presidential Authority to Issue the PD.At that time time that there has been acknowledgment in law of the creation of
there was no interim Batasang Pambansa. It was the President who Metropolitan Manila. (Election Code of 1978, Presidential Decree No.
was entrusted with such responsibility. The legality of the law making 1396 creating the Ministry of Human Settlements, Presidential
authority by the President during the period of Martial Law was Decree No. 824, creating the Metropolitan Manila Commission,
already established in Aquino vs Comelec. Sangguniang Bayan. The Amendments to the Constitution, Ordinance) Control of the
point has been raised, however, that unless Presidential Decree No. President. It is undeniable that the creation of the Metropolitan
824 be construed in such a way that along with the rest of the other Manila Commission is free from any constitutional objection. There
cities and municipalities, there should be elections for the is, however, a question that may arise in connection with the powers
Sangguniang Bayan, then there is a denial of the equal protection of the President over the Commission. According to PD 824: "The
provision of the Constitution. The point is not well-taken. It is clear Commission, the General Manager and any official of the Commission
that under the equal protection clause, classification is not forbidden. shall be under the direct supervision and control of the President.
But classification on a reasonable basis, and not made arbitrarily or Notwithstanding any provision in this Decree, the President shall
capriciously is permitted.The classification, however, to be have the power to revoke, amend or modify any ordinance,
reasonable must be based on substantial distinction which make real resolution or act of the Commission, the General and the
differences; it must be germane to the purposes of the law; it must Commissioners." It may give rise to doubts as to its validity insofar as
not be limited to existing conditions only, and must apply equally to it confers the power of control on the President. That control he
each member of the class." All such elements are present. There is no certainly exercises under the present Constitution over the
need to set forth anew the compelling reasons that called for the ministries. His power over local governments does not go that far. It
creation of Metropolitan Manila. It is quite obvious that under the extends no further than general supervision. These doubts, however,
conditions then existing - still present and, with the continued growth do not suffice to nullify such a provision. Succinctly put, that
of population, attended with more complexity - what was done was construction that would save is to be preferred as against one that
a response to a great public need. The government was called upon will destroy. To show fidelity to this basic principle of construction is
to act. PD 824 was the result. It is not a condition for the validity of to lend substance to the equally basic doctrine that the constitution
enters into and forms part of every statute. Accordingly, the Alvarez vs Guingona
presidential power of control over acts of the Metro Manila
ALVAREZ V GUINGONA (1996)
Commission is limited to those that may be considered national in
character. There can be no valid objection to such exercise of
authority. That is a clear recognition that some of its attributes are
those of a national character. Where, however, the acts of the Metro Facts: This concerns the validity of RA 7330 converting the
Manila Commission may be considered as properly appertaining to municipality of Santiago Isabela into an independent component city
local government functions, the power of the President is confined to to be known as the city of Santiago. The law was challenged mainly
general supervision. As thus construed, Section 13 clearly appears to because the act did not allegedly originate exclusively in the House of
be free from any constitutional infirmity. Abad Santos, dissenting. 1. Representatives as mandated by Section 24, Article VI of the 1987
The referendum of February 27, 1975, did not satisfy the prohibition Consitution. Also, petitioner claims that the Municipality of Santiago
contained in Art. XI, Sec. 3 of the 1973 Constitution. For one thing the has not met the minimum average annual income required under
provision speaks of "the criteria established in the local government Section 450 of the LGC in order to be converted into a component
code." There was then no local government code so there were no city. Apparently, RA 7330 originated from HB 8817 which was filed on
criteria. Also the grant of power to restructure the 4 cities and 13 April 18, 1993. After the third reading, the bill was transmitted to the
municipalities in the Greater Manila area "under such terms and Senate on January 18, 1994. Meanwhile, a counterpart bill SB 1243
conditions as the President may decide" was so broad that it was in was filed on May 19, 1993. On February 23, 1994, HB 8817 was
fact not an intelligent decision on the part of the people. I submit that transmitted to the senate. The committee recommended that HB
a grant of power must be definite to be valid; it must not be nebulous 8817 be approved without amendment, taking into consideration
and uncircumscribed so as to amount to a total abdication thereof. that the house bill was identical to the senate bill.
Finally, the referendum did not include all of the peoples of Bulacan
and Rizal to ascertain if they were willing to give up some of their
towns to Metropolitan Manila. The referendum suffers from the Issue: WON the IRAs are to be included in the computation of the
same infirmity present in the case of Paredes vs. Executive Secretary, average annual income of a municipality for the purposes of its
cited in the main opinion, where I dissented. 2. The January 27, 1984, conversion into an independent component city
amendment to the Constitution providing for representation in the
Batasang Pambansa and which allocates representatives to "districts
in Metropolitan Manila" cannot be construed to constitutionally Held: Yes. Ratio: Petitioners claim that Santiago could not qualify into
validate P.D. No. 824 for the simple reason that the issue before the a component city because its average annual income for the last two
people when the amendment was submitted for ratification was not (2) consecutive years based on 1991 constant prices falls below the
the creation of the Metropolitan Manila Commission. required annual income of P20,000,000 for its conversion into a city.
After deducting the IRA (Internal Revenue Allotments), ti appears
that the average annual income arrived at would only be national wealth, if any, within its territorial boundaries. For purposes
P13,109,560.47 based on the 1991 constant prices. Petitioners of budget preparation, which budget should reflect the estimates of
asseverate that the IRAs are not actually income but transfers and/or the income of the local government unit, among others, the IRAs and
budgetary aid from the national government and that they fluctuate, the share in the national wealth utilization proceeds are considered
increase or decrease, depending on factors like population, land and items of income. This is as it should be, since income is defined in the
equal sharing. Petitioners asseverations are untenable because Local Government Code to be all revenues and receipts collected or
Internal Revenue Allotments form part of the income of Local received forming the gross accretions of funds of the local
Government Units. It is true that for a municipality to be converted government unit. The IRAs are items of income because they form
into a component city, it must, among others, have an average annual part of the gross accretion of the funds of the local government unit.
income of at least Twenty Million Pesos for the last two (2) The IRAs regularly and automatically accrue to the local treasury
consecutive years based on 1991 constant prices. Such income must without need of any further action on the part of the local
be duly certified by the Department of Finance. A Local Government government unit. 11 They thus constitute income which the local
Unit is a political subdivision of the State which is constituted by law government can invariably rely upon as the source of much needed
and possessed of substantial control over its own affairs. Remaining funds. To reiterate, IRAs are a regular, recurring item of income; nil is
to be an intra sovereign subdivision of one sovereign nation, but not there a basis, too, to classify the same as a special fund or transfer,
intended, however, to be an imperium in imperio, the local since IRAs have a technical definition and meaning all its own as used
government unit is autonomous in the sense that it is given more in the Local Government Code that unequivocally makes it distinct
powers, authority, responsibilities and resources. The practical side from special funds or transfers referred to when the Code speaks of
to development through a decentralized local government system "funding support from the national government, its instrumentalities
certainly concerns the matter of financial resources. With its and government-owned-or-controlled corporations".
broadened powers and increased responsibilities, a local government
Issue: WON considering that Senate passed SB 1243, its own version
unit must now operate on a much wider scale. More extensive
of HB 8817, RA 2770 can be said to have originated in the House of
operations, in turn, entail more expenses. Understandably, the
Representatives
vesting of duty, responsibility and accountability in every local
government unit is accompanied with a provision for reasonably Held: Ye s. Ratio: Although a bill of local application like HB No. 8817
adequate resources to discharge its powers and effectively carry out should, by constitutional prescription, originate exclusively in the
its functions. Availment of such resources is effectuated through the House of Representatives, the claim of petitioners that RA 7720 did
vesting in every local government unit of (1) the right to create and not originate exclusively in the House of Representatives because a
broaden its own source of revenue; (2) the right to be allocated a just bill of the same import, SB No. 1243, was passed in the Senate, is
share in national taxes, such share being in the form of internal untenable because it cannot be denied that HB No. 8817 was filed in
revenue allotments (IRAs); and (3) the right to be given its equitable the House of Representatives first before SB No. 1243 was filed in the
share in the proceeds of the utilization and development of the Senate. Petitioners themselves cannot disavow their own admission
that HB No. 8817 was filed on April 18, 1993 while SB No. 1243 was doubt. Those who petition this court to declare a law to be
filed on May 19, 1993. The filing of HB No. 8817 was thus precursive unconstitutional must clearly and fully establish the basis that will
not only of the said Act in question but also of SB No. 1243. Thus, HB justify such a declaration; otherwise, their petition must fail. Taking
No. 8817, was the bill that initiated the legislative process that into consideration the justification of our stand on the immediately
culminated in the enactment of Republic Act No. 7720. No violation preceding ground raised by petitioners to challenge the
of Section 24, Article VI, of the 1987 Constitution is perceptible under constitutionality of RA No 7720, the court stands on the holding that
the circumstances attending the instant controversy. Furthermore, petitioners have failed to overcome the presumption. The dismissal
petitioners themselves acknowledge that HB No. 8817 was already of this petition is therefore inevitable. It is a well-entrenched
approved on Third Reading and duly transmitted to the Senate when jurisprudential rule that on the side of every law lies the presumption
the Senate Committee on Local Government conducted its public of constitutionality.19 Consequently, for RA No. 7720 to be nullified,
hearing on HB No. 8817. HB No. 8817 was approved on the Third it must be shown that there is a clear and unequivocal breach of the
Reading on December 17, 1993 and transmitted to the Senate on Constitution, not merely a doubtful and equivocal one; in other words,
January 28, 1994; a little less than a month thereafter, or on February the grounds for nullity must be clear and beyond reasonable doubt.20
23, 1994, the Senate Committee on Local Government conducted Those who petition this court to declare a law to be unconstitutional
public hearings on SB No. 1243. Clearly, the Senate held in abeyance must clearly and fully establish the basis that will justify such a
any action on SB No. 1243 until it received HB No. 8817, already declaration; otherwise, their petition must fail. Taking into
approved on the Third Reading, from the House of Representatives. consideration the justification of our stand on the immediately
The filing in the Senate of a substitute bill in anticipation of its receipt preceding ground raised by petitioners to challenge the
of the bill from the House, does not contravene the constitutional constitutionality of RA No. 7720, the Court stands on the holding that
requirement that a bill of local application should originate in the petitioners have failed to overcome the presumption. The dismissal of
House of Representatives, for as long as the Senate does not act this petition is, therefore, inevitable.
thereupon until it receives the House bill. Tolentino v. Secretary of
Municipality of san fernando vs Firme
Finance: Nor does the Constitution prohibit the filing in the Senate of
a substitute bill in anticipation of its receipt of the bill from the House, FACTS: A passenger jeepney, a sand truck and a dump truck of the
so long as action by the senate as a body is withheld pending receipt Municipality of San Fernando, La Union collided. Due to the impact,
of the House bill.Every law, including RA No 7720 has in its favor the several passengers of the jeepney including Laureano Baniña Sr. died.
presumption of constitutionality. It is a well entrenched The heirs of Baniña filed a complaint for damages against the owner
jurisprudential rule that on the side of every law lies the presumption and driver of the jeepney, who, in turn, filed a Third Party Complaint
of constitutionality,. Consequently, for RA No 7720 to be nullified, it against the Municipality and its dump truck driver, Alfredo Bislig.
must be shown that there is a clear and unequivocal breach of the Municipality filed its answer and raised the defense of non-suability
Consititution, not merely a doubtful and equivocal one, in other of the State. After trial, the court ruled in favor of the plaintiffs and
words, the grounds for nullity must be clear and beyond reasonable
ordered Municipality and Bislig to pay jointly and severally the heirs Municipal corporations exist in a dual capacity, and their functions
of Baniña. are twofold. In one they exercise the right springing from sovereignty,
and while in the performance of the duties pertaining thereto, their
ISSUES: 1. Are municipal corporations suable? 2. Is the Municipality
acts are political and governmental. Their officers and agents in such
liable for the torts committed by its employee who was then engaged
capacity, though elected or appointed by them, are nevertheless
in the discharge of governmental functions?
public functionaries performing a public service, and as such they are
Ruling: 1. Municipal corporations, like provinces and cities, are officers, agents, and servants of the state. In the other capacity the
agencies of the State when they are engaged in governmental municipalities exercise a private, proprietary or corporate right,
functions and therefore should enjoy the sovereign immunity from arising from their existence as legal persons and not as public
suit. Nevertheless, they are subject to suit even in the performance agencies. Their officers and agents in the performance of such
of such functions because their charter provided that they can sue functions act in behalf of the municipalities in their corporate or
and be sued. individual capacity, and not for the state or sovereign power."
Thereby, DBM Circular is ultra vires and is, accordingly, set aside. The Issue: Constitutionality of EO 220, dated July 15, 1987, which created
DBM may appoint only from the list of qualified recommendees the Cordillera Administrative Region - assailed on the primary ground
nominated by the Governor. If none is qualified, he must return the that the President pre-empts the enactment of an organic act by
list of nominees to the Governor explaining why no one meets the Congress and the approval of such act through a plebiscite.
legal requirements and ask for new recommendees who have the Held: EO 220 envisions the consolidation and coordination of the
necessary eligibilities and qualifications. delivery of services of line departments and agencies of the National
Cordillera vs COA Government in the areas covered by the administrative region as a
step preparatory to the grant of autonomy to the Cordilleras. It does
Facts: Pursuant to a ceasefire agreement signed on September 13, not create the autonomous region contemplated in the Constitution.
1986, the Cordillera People s LiberationArmy (CPLA) and the It merely provides for transitory measures in anticipation of the
Cordillera Bodong Administration agreed that the Cordillera people enactment of an organic act and the creation of an autonomous
shall notundertake their demands through armed and violent region. In short, it prepares the ground for autonomy. This does not
necessarily conflict with the provisions of the Constitution on
autonomous regions. The Constitution outlines a complex procedure
for the creation of an autonomous region in the Cordilleras which
undoubtedly, will take time. The President, in 1987 still exercising
legislative powers, as the first Congress had not yet convened, saw it
fit to provide for some measures to address the urgent needs of the
Cordilleras in the meantime the organic act had not yet been passed.
Petitioners incidentally argue that the creation of the CAR
contravened the constitutional guarantee of the local autonomy for
the provinces composing it. It must be clarified that the constitutional
guarantee of local autonomy in the Constitution [Art. X, sec. 2] refers
to the administrative autonomy of local government units or, in more
technical language, the decentralization of government authority. On
the other hand, the creation of autonomous regions in Muslim
Mindanao and the Cordilleras, which is peculiar to the 1987
Constitution contemplates the grant of political autonomy, not just
administrative, to these regions. As said earlier, the CAR is a mere
transitory coordinating agency that would prepare the stage for
political autonomy for the Cordilleras. It fills in the resulting gap in
the process of transforming a group of adjacent territorial and
political subdivisions already enjoying local or administrative
autonomy into an autonomous region vested with political
autonomy.