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Samson v. Aguirre armed with official statistics and reference materials.

In their
MOISES S. SAMSON (PETITIONER) VS. HON. ALEXANDER AGUIRRE, official capacity, they spoke and shed light on population,
IN HIS CAPACITY AS THE EXECUTIVE SECRETARY, COMMISSION ON land area and income of the proposed city. Their official
ELECTIONS, AND THE DEPARTMENT OF BUDGET (RESPONDENTS) statements could serve the same purpose contemplated by
SEPTEMBER 22, 1999 law requiring certificates. Their affirmation as well as their
J. QUISUMBING oath as witnesses in open session of either the Senate or
creation of municipal corporations the House of Representatives give even greater solemnity
SUMMARY: Samson, a councilor in Quezon City, assailed RA 8535 than a certification submitted to either chamber routinely.
which created the City of Novaliches. According to him, the RA failed 3. Samson failed to show that the representatives did
to conform to the requirements of the LGC as to certifications in not also submit written certifications. Under the IRR, written
income, population, and land area. It has not been proved that the certifications are required to be attached to the petition for
mother city would not suffer adverse effects from the creation of the creation of a city, to be submitted by interested
Novaliches. Court held against him. The presence and oral municipalities or barangays to Congress in the form of a
declarations of the government officials armed with records during the resolution. Samson did not present a copy to prove that it
public deliberations and hearings are more effective certifications than was without the written certifications attached as required by
mere certificates which are routinely signed. The representatives all law. It is presumed that these requirements were met
declared that Novaliches exceeded the requirements. The QC mayor appropriately in the passage of the assailed legislative act.
was also present, and his conformity implies that there is no damage
done to QC. The non-receipt of copies is too insubstantial to sustain  Samson argued that the RA failed to specify the seat of
invalidity of a statute. Samson failed to overturn the presumption of government of the proposed City of Novaliches as required.
constitutionality accorded legislative acts. However, this omission is not as fatal to the validity. Under
Section 12 of the Local Government Code, the City of Novaliches
FACTS: can still establish a seat of government after its creation. While
President Ramos signed into law RA 8535, creating the City of Section 12 speaks of the site of government centers, such site
Novaliches out of 15 barangays of Quezon City. Samson, incumbent can very well also be the seat of government, “from where
councilor of the first district of Quezon City, challenged the governmental and corporate service shall be delivered.”
constitutionality of the RA. He sought to enjoin its implementation,  Samson failed to present any concrete evidence on the adverse
holding of the plebiscite, and disbursement of funds as RA 8535 failed effect to Quezon City. Quezon City Mayor Mathay was present
to conform to the criteria in the LGC as to income, population, land during the deliberations and made no mention of anything
area, seat of government, having no adverse effect to its mother city, concerning such. As chief executive, he would be the first person
and furnishing a copy of the barangay resolution. Also, he said the law to protest any development that might prove detrimental to
would amend the Constitution. Quezon City. This is indicative of the non-existence of such
negative issues. Moreover, in the plebiscite, all persons
In answer, the respondents claimed Samson failed to substantiate said concerned will obviously have the opportunity to raise those
allegations with convincing proof. He had the burden of proof to issues even before they vote on the principal question of the
overcome the legal presumption that Congress considered all the legal cityhood of Novaliches.
requirements under the Local Government Code of 1991 in passing  That the Quezon City Council was not furnished a copy of the
R.A. 8535. Further, there is no document supporting the petition of concerned barangays calling for the creation of the City
unconstitutionality claim. of Novaliches, if true, will also not render invalid the RA. The
ISSUE: Was RA 8535 unconstitutional? NO. evident purpose of this requirement, found in the Implementing
Rules, is to inform the City Council of the move to create another
 There is a presumption of constitutionality in favor of a statute. city and to enable it to formulate its comments and
One who attacks a statute must prove its invalidity beyond a recommendations on said petition. The Quezon City Council
reasonable doubt. Samson has failed to discharge the burden. members are obviously aware of the petition. The matter has
1. Samson did not present any proof, only allegations, that no been widely publicized in the mass media. Surely members of
certifications were submitted to the House Committee on the Council could not now be heard to claim they have not known
Local Government—as such certifications attesting of the contents of the barangays’ petition to create the City of
compliance with the LGC and its IRR is required. Allegations Novaliches.
cannot substitute for proof. The presumption stands that the  The proposed creation of the City of Novaliches will in no way
law passed by Congress complied with all the requisites. result in a prohibited amendment of the Constitution. The
a. The representative from the Bureau of Local ordinance appended to the Constitution merely apportions the
Government Finance estimated the combined seats of the House of Representatives to the different legislative
average annual income of the 13 barangays for 2 districts in the country. Nowhere does it provide that Metro
years to be around P27M. Under the Local Manila shall forever be composed of only 17 cities and
Government Code, a proposed city must have an municipalities as claimed by petitioner. Too literal a reading of the
average annual income of only at least ordinance in or appendix of the Constitution will only result in its
P20,000,000.00 for the immediately preceding two erroneous interpretation.
years.
b. The representative from the NSO estimated the
population in the barangays that would comprise
the proposed City of Novaliches to be around
350,000. This figure is more than the 150,000
required by the Implementing Rules.
c. There is no need to consider the land area, given
these figures, since under the Local Government
Code, the proposed city must comply with
requirements as regards income and
population or land area. Other than the income
requirement, the proposed city must have the
requisite number of inhabitants or land
area. Compliance with either requirement, in
addition to income, is sufficient. Judicial notice
may also be taken that Novaliches is now highly
urbanized.
2. Samson averred that oral manifestations are not enough
certification. But in the hearings, the DBM, DILG, and
Finance Officials were present along with other officers