GENERAL PRINCIPLES Pub Corp

Creation and Alteration of Municipal Corporations

Creation and Alteration of Municipal Corporations

1) Bai Sandra Sema vs Commission on Elections

558 SCRA 700 Political Law Municipal Corporation Creation of LGUs by Autonomous
Regions (ARMM) Population Requirement

FACTS: The Province of Maguindanao is part of ARMM. Cotabato City is part of the province of
Maguindanao but it is not part of ARMM because Cotabato City voted against its inclusion in a
plebiscite held in 1989. Maguindanao has two legislative districts. The 1st legislative district
comprises of Cotabato City and 8 other municipalities.

A law (RA 9054) was passed amending ARMMs Organic Act and vesting it with power to create
provinces, municipalities, cities and barangays. Pursuant to this law, the ARMM Regional
Assembly created Shariff Kabunsuan (Muslim Mindanao Autonomy Act 201) which comprised of
the municipalities of the 1st district of Maguindanao with the exception of Cotabato City.

For the purposes of the 2007 elections, COMELEC initially stated that the 1st district is now only
made of Cotabato City (because of MMA 201). But it later amended this stating that status quo
should be retained; however, just for the purposes of the elections, the first district should be
called Shariff Kabunsuan with Cotabato City this is also while awaiting a decisive declaration
from Congress as to Cotabatos status as a legislative district (or part of any).

Bai Sandra Sema was a congressional candidate for the legislative district of S. Kabunsuan with
Cotabato (1st district). Later, Sema was contending that Cotabato City should be a separate
legislative district and that votes therefrom should be excluded in the voting (probably because her
rival Dilangalen was from there and D was winning in fact he won). She contended that under
the Constitution, upon creation of a province (S. Kabunsuan), that province automatically gains
legislative representation and since S. Kabunsuan excludes Cotabato City so in effect Cotabato
is being deprived of a representative in the HOR.

COMELEC maintained that the legislative district is still there and that regardless of S. Kabunsuan
being created, the legislative district is not affected and so is its representation.

ISSUE: Whether or not RA 9054 is unconstitutional. Whether or not ARMM can create validly
LGUs.

HELD: RA 9054 is unconstitutional. The creation of local government units is governed by Section
10, Article X of the Constitution, which provides:

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Sec. 10. No province, city, municipality, or barangay may be created, divided, merged, abolished
or its boundary substantially altered except in accordance with the criteria established in the local
government code and subject to approval by a majority of the votes cast in a plebiscite in the
political units directly affected.

Thus, the creation of any of the four local government units province, city, municipality or barangay
must comply with three conditions. First, the creation of a local government unit must follow the
criteria fixed in the Local Government Code. Second, such creation must not conflict with any
provision of the Constitution. Third, there must be a plebiscite in the political units affected.

There is neither an express prohibition nor an express grant of authority in the Constitution for
Congress to delegate to regional or local legislative bodies the power to create local government
units. However, under its plenary legislative powers, Congress can delegate to local legislative
bodies the power to create local government units, subject to reasonable standards and provided
no conflict arises with any provision of the Constitution. In fact, Congress has delegated to
provincial boards, and city and municipal councils, the power to create barangays within their
jurisdiction, subject to compliance with the criteria established in the Local Government Code, and
the plebiscite requirement in Section 10, Article X of the Constitution. Hence, ARMM cannot
validly create Shariff Kabunsuan province.

Note that in order to create a city there must be at least a population of at least 250k, and that a
province, once created, should have at least one representative in the HOR. Note further that in
order to have a legislative district, there must at least be 250k (population) in said district.
Cotabato City did not meet the population requirement so Semas contention is untenable. On the
other hand, ARMM cannot validly create the province of S. Kabunsuan without first creating a
legislative district. But this can never be legally possible because the creation of legislative
districts is vested solely in Congress. At most, what ARMM can create are barangays not cities
and provinces.

2) League of Cities v. Comelec

Action:
These are consolidated petitions for prohibition with prayer for the issuance of a writ of preliminary
injunction or temporary restraining order filed by the League of Cities of the Philippines, City of
Iloilo, City of Calbayog, and Jerry P. Treas assailing the constitutionality of the subject Cityhood
Laws and enjoining the Commission on Elections (COMELEC) and respondent municipalities from
conducting plebiscites pursuant to the Cityhood Laws.

Facts:

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During the 11th Congress, Congress enacted into law 33 bills converting 33 municipalities into
cities. However, Congress did not act on bills converting 24 other municipalities into cities.
During the 12th Congress, Congress enacted into law Republic Act No. 9009 (RA 9009), which
took effect on 30 June 2001. RA 9009 amended Section 450 of the Local Government Code by
increasing the annual income requirement for conversion of a municipality into a city from P20
million to P100 million. The rationale for the amendment was to restrain, in the words of Senator
Aquilino Pimentel, the mad rush of municipalities to convert into cities solely to secure a larger
share in the Internal Revenue Allotment despite the fact that they are incapable of fiscal
independence.

After the effectivity of RA 9009, the House of Representatives of the 12th Congress adopted Joint
Resolution No. 29, which sought to exempt from the P100 million income requirement in RA 9009
the 24 municipalities whose cityhood bills were not approved in the 11th Congress. However, the
12th Congress ended without the Senate approving Joint Resolution No. 29.

During the 13th Congress, the House of Representatives re-adopted Joint Resolution No. 29 as
Joint Resolution No. 1 and forwarded it to the Senate for approval. However, the Senate again
failed to approve the Joint Resolution. Following the advice of Senator Aquilino Pimentel, 16
municipalities filed, through their respective sponsors, individual cityhood bills. The 16 cityhood
bills contained a common provision exempting all the 16 municipalities from the P100 million
income requirement in RA 9009.

On 22 December 2006, the House of Representatives approved the cityhood bills. The Senate
also approved the cityhood bills in February 2007, except that of Naga, Cebu which was passed
on 7 June 2007. The cityhood bills lapsed into law (Cityhood Laws) on various dates from March
to July 2007 without the Presidents signature.

The Cityhood Laws direct the COMELEC to hold plebiscites to determine whether the voters in
each respondent municipality approve of the conversion of their municipality into a city.

Petitioners filed the present petitions to declare the Cityhood Laws unconstitutional for violation of
Section 10, Article X of the Constitution, as well as for violation of the equal protection clause.
Petitioners also lament that the wholesale conversion of municipalities into cities will reduce the
share of existing cities in the Internal Revenue Allotment because more cities will share the same
amount of internal revenue set aside for all cities under Section 285 of the Local Government
Code.

Issue:
The petitions raise the following fundamental issues:
1. Whether the Cityhood Laws violate Section 10, Article X of the Constitution; and
2. Whether the Cityhood Laws violate the equal protection clause.
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Held: We grant the petitions.

The Cityhood Laws violate Sections 6 and 10, Article X of the Constitution, and are thus
unconstitutional.

First, applying the P100 million income requirement in RA 9009 to the present case is a
prospective, not a retroactive application, because RA 9009 took effect in 2001 while the cityhood
bills became law more than five years later.

Second, the Constitution requires that Congress shall prescribe all the criteria for the creation of a
city in the Local Government Code and not in any other law, including the Cityhood Laws.

Third, the Cityhood Laws violate Section 6, Article X of the Constitution because they prevent a
fair and just distribution of the national taxes to local government units.

Fourth, the criteria prescribed in Section 450 of the Local Government Code, as amended by RA
9009, for converting a municipality into a city are clear, plain and unambiguous, needing no resort
to any statutory construction.

Fifth, the intent of members of the 11th Congress to exempt certain municipalities from the
coverage of RA 9009 remained an intent and was never written into Section 450 of the Local
Government Code.

Sixth, the deliberations of the 11th or 12th Congress on unapproved bills or resolutions are not
extrinsic aids in interpreting a law passed in the 13th Congress.

Seventh, even if the exemption in the Cityhood Laws were written in Section 450 of the Local
Government Code, the exemption would still be unconstitutional for violation of the equal
protection clause.

3) Navarro, et al. v. Executive Secretary Ermita

G.R. No. 180050 : May 12, 2010

PERALTA,J.:

FACTS:
Before us are two Motions for Reconsideration of the Decision dated February 10, 2010 one
filed by the Office of the Solicitor General (OSG) in behalf of public respondents, and the other
filed by respondent Governor Geraldine Ecleo Villaroman, representing the Province of Dinagat
Islands.
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The arguments of the movants are similar. The grounds for reconsideration of Governor
Villaroman can be subsumed under the grounds for reconsideration of the OSG, which are as
follows:

I. The Province of Dinagat Islands was created in accordance with the provisions of the 1987
Constitution and the Local Government Code of 1991. Article 9 of the Implementing Rules and
Regulations is merely interpretative of Section 461 of the Local Government Code.

II. The power to create a local government unit is vested with the Legislature.The acts of the
Legislature and Executive in enacting into law RA 9355 should be respected as petitioners failed
to overcome the presumption of validity or constitutionality.

III. Recent and prevailing jurisprudence considers the operative fact doctrine as a reason for
upholding the validity and constitutionality of laws involving the creation of a new local government
unit as in the instant case.

As regards the first ground, the movants reiterate the same arguments in their respective
Comments that aside from the undisputed compliance with the income requirement, Republic Act
(R.A.) No. 9355, creating the Province of Dinagat Islands,has also complied with the population
and land area requirements.

The arguments are unmeritorious and have already been passed upon by the Court in its
Decision, ruling that R.A. No. 9355 is unconstitutional, since it failed to comply with either the
territorial or population requirement contained in Section 461 of R.A. No. 7160, otherwise known
as theLocal Government Code of 1991.

When the Dinagat Islands was proclaimed a new province onDecember 3,2006, it had an official
population of only 106,951based on the2000 Census ofPopulation conducted by the National
Statistics Office (NSO), which population is short of the statutory requirement of 250,000
inhabitants.

Although the Provincial Government of Surigao del Norte conducted a special census of
population in Dinagat Islands in 2003, which yielded a population count of 371,000, the result was
not certified by the NSO as required by the Local Government Code. Moreover, respondents failed
to prove that with the population count of 371,000, the population of the original unit (mother
Province of Surigao del Norte) would not be reduced to less than the minimum requirement
prescribed by law at the time of the creation of the new province.

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Less than a year after the proclamation of the new province, the NSO conducted the2007Census
of Population. The NSO certified that as ofAugust 1, 2007,Dinagat Islands had a total population
of only120,813,which was still below the minimum requirement of 250,000 inhabitants.

Based on the foregoing, R.A. No. 9355 failed to comply with the population requirement of
250,000 inhabitants as certified by the NSO.

Moreover, the land area of the province failed to comply with the statutory requirement of2,000
square kilometers. R.A. No. 9355 specifically states that the Province of Dinagat Islands contains
an approximate land area of802.12 square kilometers. This was not disputed by the respondent
Governor of the Province of Dinagat Islands in her Comment.She and the other respondents
instead asserted that the province, which is composed of more than one island, is exempted from
the land area requirement based on the provision in the Rules and Regulations Implementing the
Local Government Code of 1991 (IRR), specifically paragraph 2 of Article 9which states that [t]he
land area requirement shall not apply where the proposed province is composed of one (1) or
more islands.The certificate of compliance issued by the LandsManagement Bureau was also
based on the exemption under paragraph 2, Article 9 of the IRR.

However, the Court held that paragraph 2 of Article 9 of the IRR is null and void, because the
exemption is not found in Section 461 of the Local Government Code. There is no dispute that in
case of discrepancy between the basic law and the rules and regulations implementing the said
law, the basic law prevails, because the rules and regulations cannot go beyond the terms and
provisions of the basic law.

The movants now argue that the correct interpretation of Section 461 of the Local Government
Code is the one stated in the Dissenting Opinion of Associate Justice Antonio Eduardo B.
Nachura.

In his Dissenting Opinion, Justice Nachura agrees that R.A. No. 9355 failed to comply with the
population requirement.However, he contends that the Province of Dinagat Islands did not fail to
comply with the territorial requirement because it is composed of a group of islands; hence, it is
exempt from compliance not only with the territorial contiguity requirement, but also with the
2,000-square-kilometer land area criterion inSection 461 of the Local Government Code.

He argues that the whole paragraph on contiguity and land area in paragraph (a) (i) above is the
one being referred to in the exemption from the territorial requirement in paragraph (b). Thus, he
contends that if the province to be created is composed of islands, like the one in this case, then,
its territory need not be contiguous and need not have an area of at least 2,000 square kilometers.
He asserts that this is because as the law is worded, contiguity and land area are not two distinct
and separate requirements, but they qualify each other. An exemption from one of the two
component requirements in paragraph (a) (i) allegedly necessitates an exemption from the other
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component requirement, because the non-attendance of one results in the absence of a reason
for the other component requirement to effect a qualification.

ISSUE: Whether the correct interpretation of Section 461 of the Local Government Code is the
one stated in the Dissenting Opinion of Associate Justice Antonio Eduardo B. Nachura.

HELD: The Court is not persuaded.

POLITICAL LAW: general powers and attributes of local government units

Section 7, Chapter 2 (entitledGeneral Powers and Attributes of Local Government Units) of the
Local Government Code provides:

SEC. 7.Creation and Conversion. As a general rule, the creation of a local government unit or its
conversion from one level to another level shall be based onverifiableindicatorsof viability and
projected capacity to provide services,to wit:

(a)Income. It must be sufficient, based on acceptable standards, to provide for all essential
government facilities and services and special functions commensurate with the size of its
population, as expected of the local government unit concerned;

(b)Population. It shall be determined as the total number of inhabitants within the territorial
jurisdiction of the local government unit concerned; and

(c)Land area. It must be contiguous, unless it comprises two (2) or more islands, or is separated
by a local government unit independent of the others; properly identified by metes and bounds
with technical descriptions;andsufficient to provide for such basic services and facilities to meet
the requirements of its populace.

Compliance with the foregoing indicators shall be attested to by the Department of Finance
(DOF), the National Statistics Office (NSO), and the Lands Management Bureau (LMB) of the
Department of Environment and Natural Resources (DENR).

POLITICAL LAW: requirements for land area

It must be emphasized that Section 7 above, which provides for the general rule in the creation of
a local government unit, states in paragraph (c)thereof that the land area must be contiguous and
sufficient to provide for such basic services and facilities to meet the requirements of its populace.

Therefore, there are two requirements for land area:(1) the land area must be contiguous; and (2)
the land area must be sufficient to provide for such basic services and facilities to meet the

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requirements of its populace.A sufficient land area in the creation of a province is at least 2,000
square kilometers, as provided by Section 461 of the Local Government Code .

Thus, Section 461 of the Local Government Code, providing the requisites for the creation of a
province, specifically states the requirement of a contiguous territory of at least two thousand
(2,000) square kilometers.

Hence, contrary to the arguments of both movants, the requirement of a contiguous territory and
the requirement of a land area of at least 2,000square kilometers are distinct and separate
requirements for land area under paragraph (a) (i) of Section 461 and Section 7 (c) of the Local
Government Code.

POLITICAL LAW: exemption from the requirement of territorial contiguity

However, paragraph (b) of Section 461 provides two instances of exemption from the requirement
of territorial contiguity, thus:

(b)The territory need not be contiguous if it comprises two(2)or more islands,or is separated by a
chartered city or cities which do not contribute to the income of the province.

Contrary to the contention of the movants, the exemption above pertains only to the requirement
of territorial contiguity.It clearly states that the requirement of territorial contiguity may be
dispensed with in the case of a province comprising two or more islands, or is separated by a
chartered city or cities which do not contribute to the income of the province.

Nowhere in paragraph (b) is it expressly stated or may it be implied that when a province is
composed of two or more islands, or when the territory of a province is separated by a chartered
city or cities, such province need not comply with the land area requirement of at least 2,000
square kilometers or the requirement in paragraph (a) (i) of Section 461of the Local Government
Code.

Where the law is free from ambiguity, the court may not introduce exceptions or conditions where
none is provided from considerations of convenience, public welfare, or for any laudable purpose;
neither may it engraft into the law qualifications not contemplated, nor construe its provisions by
taking into account questions of expediency, good faith, practical utility and other similar reasons
so as to relax non-compliance therewith. Where the law speaks in clear and categorical language,
there is no room for interpretation, but only for application.

Moreover, the OSG contends that since the power to create a local government unit is vested with
the Legislature, the acts of the Legislature and the Executive branch in enacting into law R.A. No.

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9355 should be respected as petitioners failed to overcome the presumption of validity or
constitutionality.

The contention lacks merit.

Section 10, Article X of the Constitution States:

No province, city, municipality, or barangay may be created, divided, merged, abolished, or its
boundary substantially altered, except in accordance with the criteria established in the local
government code and subject to approval by a majority of the votes cast in a plebiscite in the
political units directly affected.

As the law-making branch of the government, indeed, it was the Legislature that imposed the
criteria for the creation of a province as contained in Section 461 of the Local Government
Code.No law has yet been passed amending Section 461 of the Local Government Code, so only
the criteria stated therein are the bases for the creation of a province.The Constitution clearly
mandates that the criteria in the Local Government Code must be followed in the creation of a
province; hence, any derogation of or deviation from the criteria prescribed in the Local
Government Code violates Section 10, Article X of the Constitution.

Contrary to the contention of the movants, the evidence on record proved that R.A. No. 9355
failed to comply with either the population or territorial requirements prescribed in Section 461 of
the Local Government Code for the creation of the Province of Dinagat Islands; hence, the Court
declared R.A. No. 9355 unconstitutional.

WHEREFORE, in view of the foregoing, the Motions for Reconsideration of the Decision dated
February 10, 2010 are hereby DENIED for lack of merit.

4) MIRANDA VS AGUIRRE
G.R. No. 133064 September 16, 1999

FACTS: 1994, RA No. 7720 effected the conversion of the municipality of Santiago, Isabela, into
an independent component city. July 4th, RA No. 7720 was approved by the people of Santiago in
a plebiscite. 1998, RA No. 8528 was enacted and it amended RA No. 7720 that practically
downgraded the City of Santiago from an independent component city to a component city.
Petitioners assail the constitutionality of RA No. 8528 for the lack of provision to submit the law for
the approval of the people of Santiago in a proper plebiscite.

Respondents defended the constitutionality of RA No. 8528 saying that the said act merely
reclassified the City of Santiago from an independent component city into a component city. It
allegedly did not involve any creation, division, merger, abolition, or substantial alteration of
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boundaries of local government units, therefore, a plebiscite of the people of Santiago is
unnecessary. They also questioned the standing of petitioners to file the petition and argued that
the petition raises a political question over which the Court lacks jurisdiction.

ISSUE: Whether or not the Court has jurisdiction over the petition at bar.

RULING: Yes. RA No. 8528 is declared unconstitutional. That Supreme Court has the jurisdiction
over said petition because it involves not a political question but a justiciable issue, and of which
only the court could decide whether or not a law passed by the Congress is unconstitutional.

That when an amendment of the law involves creation, merger, division, abolition or substantial
alteration of boundaries of local government units, a plebiscite in the political units directly affected
is mandatory.
Petitioners are directly affected in the imple-mentation of RA No. 8528. Miranda was the mayor of
Santiago City, Afiado was the President of the Sangguniang Liga, together with 3 other petitioners
were all residents and voters in the City of Santiago. It is their right to be heard in the conversion
of their city through a plebiscite to be conducted by the COMELEC. Thus, denial of their right in
RA No. 8528 gives them proper standing to strike down the law as unconstitutional.

Sec. 1 of Art. VIII of the Constitution states that: the judicial power shall be vested in one Supreme
Court and in such lower courts as may be established by law. Judicial power includes the duty of
the courts of justice to settle actual controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instru-mentality of the
Government.

5) MOISES S. SAMSON (petitioner) vs. HON. ALEXANDER AGUIRRE, in his capacity as the
Executive Secretary, COMMISSION ON ELECTIONS, and the DEPARTMENT OF BUDGET
(respondents)

G.R. No. 133076. September 22, 1999

J. QUISUMBING

SUMMARY: Samson, a councilor in Quezon City, assailed RA 8535 which created the
City of Novaliches. According to him, the RA failed to conform to the requirements of
the LGC as to certifications in income, population, and land area. It has not been
proved that the mother city would not suffer adverse effects from the creation of
Novaliches. Court held against him. The presence and oral declarations of the
government officials armed with records during the public deliberations and hearings
are more effective certifications than mere certificates which are routinely signed.
The representatives all declared that Novaliches exceeded the requirements. The QC

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mayor 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 invalidity of a statute.
Samson failed to overturn the presumption of constitutionality accorded legislative
acts.
FACTS:
President Ramos signed into law RA 8535, creating the City of Novaliches out of 15
barangays of Quezon City. Samson, incumbent councilor of the first district of Quezon
City, challenged the constitutionality of the RA. He sought to enjoin its
implementation, holding of the plebiscite, and disbursement of funds as RA 8535
failed to conform to the criteria in the LGC as to income, population, land area, seat of
government, having no adverse effect to its mother city, and furnishing a copy of the
barangay resolution. Also, he said the law would amend the Constitution.
In answer, the respondents claimed Samson failed to substantiate said allegations
with convincing proof. He had the burden of proof to overcome the legal presumption
that Congress considered all the legal requirements under the Local Government
Code of 1991 in passing R.A. 8535. Further, there is no document supporting the
unconstitutionality claim.
ISSUE: Was RA 8535 unconstitutional?
HELD: NO.
There is a presumption of constitutionality in favor of a statute. One who attacks a
statute must prove its invalidity beyond a reasonable doubt. Samson has failed to
discharge the burden.
1. Samson did not present any proof, only allegations, that no certifications were
submitted to the House Committee on Local Governmentas such
certifications attesting compliance with the LGC and its IRR is
required. Allegations cannot substitute for proof. The presumption stands that
the law passed by Congress complied with all the requisites.
a. The representative from the Bureau of Local Government Finance
estimated the combined average annual income of the 13 barangays for
2 years to be around P27M. Under the Local Government Code, a
proposed city must have an average annual income of only at least
P20,000,000.00 for the immediately preceding two 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 armed with official statistics and reference materials. In their
official capacity, they spoke and shed light on population, land area and income
of the proposed city. Their official statements could serve the same purpose
contemplated by law requiring certificates. Their affirmation as well as their
oath as witnesses in open session of either the Senate or the House of
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Representatives give even greater solemnity than a certification submitted to
either chamber routinely.
3. Samson failed to show that the representatives did not also submit written
certifications. Under the IRR, written certifications are required to be attached
to the petition for the creation of a city, to be submitted by interested
municipalities or barangays to Congress in the form of a resolution. Samson
did not present a copy to prove that it was without the written certifications
attached as required by law. It is presumed that these requirements were met
appropriately in the passage of the assailed legislative act.

Samson argued that the RA failed to specify the seat of government of the
proposed City of Novaliches as required. However, this omission is not as fatal to
the validity. Under Section 12 of the Local Government Code, the City of
Novaliches can still establish a seat of government after its creation. While Section
12 speaks of the site of government centers, such site can very well also be the
seat of government, from where governmental and corporate service shall be
delivered.
Samson failed to present any concrete evidence on the adverse effect to Quezon
City. Quezon City Mayor Mathay was present during the deliberations and made
no mention of anything concerning such. As chief executive, he would be the first
person to protest any development that might prove detrimental to Quezon
City. This is indicative of the non-existence of such negative issues. Moreover, in
the plebiscite, all persons concerned will obviously have the opportunity to raise
those issues even before they vote on the principal question of the cityhood of
Novaliches.
That the Quezon City Council was not furnished a copy of the petition of concerned
barangays calling for the creation of the City of Novaliches, if true, will also not
render invalid the RA. The evident purpose of this requirement, found in the
Implementing Rules, is to inform the City Council of the move to create another
city and to enable it to formulate its comments and recommendations on said
petition. The Quezon City Council members are obviously aware of the
petition. The matter has been widely publicized in the mass media. Surely
members of the Council could not now be heard to claim they have not known of
the contents of the barangays petition to create the City of Novaliches.
The proposed creation of the City of Novaliches will in no way result in a prohibited
amendment of the Constitution. The ordinance appended to the Constitution
merely apportions the seats of the House of Representatives to the different
legislative districts in the country. Nowhere does it provide that Metro Manila shall
forever be composed of only 17 cities and municipalities as claimed by
petitioner. Too literal a reading of the ordinance in or appendix of the Constitution
will only result in its erroneous interpretation.

6) Heherson Alvarez vs Teofisto Guingona, Jr.

252 SCRA 695 Political Law Municipal Corporation LGU Requirement Income
Inclusion of IRAs

FACTS: In April 1993, House Bill 8817 (An Act Converting the Municipality of Santiago
into an Independent Component City to be known as the City of Santiago) was passed
in the House of Representatives.

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In May 1993, a Senate Bill (SB 1243) of similar title and content with that of HB 8817
was introduced in the Senate.

In January 1994, HB 8817 was transmitted to the Senate. In February 1994, the
Senate conducted a public hearing on SB 1243. In March 1994, the Senate Committee
on Local Government rolled out its recommendation for approval of HB 8817 as it was
totally the same with SB 1243. Eventually, HB 8817 became a law (RA 7720).

Now Senator Heherson Alvarez et al are assailing the constitutionality of the said law
on the ground that the bill creating the law did not originate from the lower house
and that City of Santiago was not able to comply with the income of at least P20M per
annum in order for it to be a city. That in the computation of the reported average
income of P20,974,581.97, the IRA was included which should not be.

ISSUES:
1. Whether or not RA 7720 is invalid for not being originally from the House of
Representatives.
2. Whether or not the IRA should be included in the computation of an LGUs income.

HELD: 1. NO. The house bill was filed first before the senate bill as the record shows.
Further, the Senate held in abeyance any hearing on the said SB while the HB was on
its 1st, 2nd and 3rd reading in the HOR. The Senate only conducted its 1st hearing on
the said SB one month after the HB was transmitted to the Senate (in anticipation of
the said HB as well).

2. YES. The IRA should be added in the computation of an LGUs average annual
income as was done in the case at bar. The IRAs are items of income because they
form part of the gross accretion of the funds of the local government unit. The IRAs
regularly and automatically accrue to the local treasury without need of any further
action on the part of the local government unit. They thus constitute income which
the local government can invariably rely upon as the source of much needed funds.

To reiterate, IRAs are a regular, recurring item of income; nil is there a basis, too, to
classify the same as a special fund or transfer, since IRAs have a technical definition
and meaning all its own as used in the Local Government Code that unequivocally
makes it distinct from special funds or transfers referred to when the Code speaks of
funding support from the national government, its instrumentalities and
government-owned-or-controlled corporations.

7) Mariano v COMELEC

FACTS: Petitioners suing as tax payers, assail a provision (Sec 51) of RA No. 7859 (An
Act Converting the Municipality of Makati Into a Highly Urbanized City to be known as
the City of Makati) on the ground that the same attempts to alter or restart the 3-
consecutive term limit for local elective officials disregarding the terms previously
served by them, which collides with the Constitution (Sec 8, Art X & Sec 7, Art VI).

(This is a petition for prohibition and declaratory relief filed by petitioners Juanito
Mariano, Jr., Ligaya S. Bautista, Teresita Tibay, Camilo Santos, Frankie Cruz, Ricardo
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Pascual, Teresita Abang, Valentina Pitalvero, Rufino Caldoza, Florante Alba, and
Perfecto Alba. Of the petitioners, only Mariano, Jr., is a resident of Makati. The others
are residents of Ibayo Ususan, Taguig, Metro Manila. Suing as taxpayers, they assail
sections 2, 51, and 52 of Republic Act No. 7854 as unconstitutional.)

ISSUES:
1) Whether Section 2 of R.A. No. 7854 delineated the land areas of the proposed city
of Makati violating sections 7 and 450 of the Local Government Code on specifying
metes and bounds with technical descriptions
2) Whether Section 51, Article X of R.A. No. 7854 collides with Section 8, Article X
and Section 7, Article VI of the Constitution stressing that they new citys acquisition
of a new corporate existence will allow the incumbent mayor to extend his term to
more than two executive terms as allowed by the Constitution
3) Whether the addition of another legislative district in Makati is unconstitutional as
the reapportionment cannot be made by a special law

HELD/RULING:
Section 2 of R.A. No. 7854 states that:
Sec. 2. The City of Makati. The Municipality of Makati shall be converted into a
highly urbanized city to be known as the City of Makati, hereinafter referred to as the
City, which shall comprise the present territory of the Municipality of Makati in
Metropolitan Manila Area over which it has jurisdiction bounded on the northeast by
Pasig River and beyond by the City of Mandaluyong and the Municipality of Pasig; on
the southeast by the municipalities of Pateros and Taguig; on the southwest by the
City of Pasay and the Municipality of Taguig; and, on the northwest, by the City of
Manila.

Emphasis has been provided in the provision under dispute. Said delineation did not
change even by an inch the land area previously covered by Makati as a municipality.
It must be noted that the requirement of metes and bounds was meant merely as a
tool in the establishment of LGUs. It is not an end in itself.

Furthermore, at the time of consideration or R.A. No. 7854, the territorial dispute
between the municipalities of Makati and Taguig over Fort Bonifacio was under court
litigation. Out of becoming a sense of respect to co-equal department of
government, legislators felt that the dispute should be left to the courts to decide.

Section 51 of R.A. No. 7854 provides that:

Sec. 51. Officials of the City of Makati. The represent elective officials of the
Municipality of Makati shall continue as the officials of the City of Makati and shall
exercise their powers and functions until such time that a new election is held and
the duly elected officials shall have already qualified and assume their offices:
Provided, The new city will acquire a new corporate existence. The appointive
officials and employees of the City shall likewise continues exercising their functions
and duties and they shall be automatically absorbed by the city government of the
City of Makati.

Section 8, Article X and section 7, Article VI of the Constitution provide the following:
Sec. 8. The term of office of elective local officials, except barangay officials, which
shall be determined by law, shall be three years and no such official shall serve for
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more than three consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.

xxx xxx xxx

Sec. 7. The Members of the House of Representatives shall be elected for a term of
three years which shall begin, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election.

No Member of the House of Representatives shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of his service for the full term
for which he was elected.

This challenge on the controversy cannot be entertained as the premise on the issue
is on the occurrence of many contingent events. Considering that these events may
or may not happen, petitioners merely pose a hypothetical issue which has yet to
ripen to an actual case or controversy. Moreover, only Mariano among the petitioners
is a resident of Taguig and are not the proper parties to raise this abstract issue.

Section 5(1), Article VI of the Constitution clearly provides that the Congress may be
comprised of not more than two hundred fifty members, unless otherwise provided by
law. As thus worded, the Constitution did not preclude Congress from increasing its
membership by passing a law, other than a general reapportionment of the law.

8) Cawaling vs. COMELEC

G.R. No. 146319, October 26, 2001

Cawaling vs. Executive Secretary

G.R. No. 146342, October 26, 2001

Facts: Before us are two (2) separate petitions challenging the constitutionality of Republic Act
No. 8806 which created the City of Sorsogon and the validity of the plebiscite conducted pursuant
thereto.

On August 16, 2000, former President Joseph E. Estrada signed into law R.A. No. 8806,
an "Act Creating The City Of Sorsogon By Merging The Municipalities Of Bacon And Sorsogon In
The Province Of Sorsogon, And Appropriating Funds Therefor." The COMELEC a plebiscite in the
Municipalities of Bacon and Sorsogon and submitted the matter for ratification proclaimed the
creation of the City of Sorsogon as having been ratified and approved by the majority of the votes
cast in the plebiscite.

Invoking his right as a resident and taxpayer, the petitioner filed the present petition for
certiorari seeking the annulment of the plebiscite on the following grounds:
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A. The December 16, 2000 plebiscite was conducted beyond the required 120-day period from the
approval of R.A. 8806, in violation of Section 54 thereof; and

B. Respondent COMELEC failed to observe the legal requirement of twenty (20) day extensive
information campaign in the Municipalities of Bacon and Sorsogon before conducting the
plebiscite.

Petitioner instituted another petition declaring enjoin R.A. No. 8806 unconstitutional, contending,
in essence, that:

1. The creation of Sorsogon City by merging two municipalities violates Section 450(a) of the
Local Government Code of 1991 (in relation to Section 10, Article X of the Constitution) which
requires that only "a municipality or a cluster of barangays may be converted into a component
city"; and

2. R.A. No. 8806 contains two (2) subjects, namely, the (a) creation of the City of Sorsogon and
the (b) abolition of the Municipalities of Bacon and Sorsogon, thereby violating the "one subject-
one bill" rule prescribed by Section 26(1), Article VI of the Constitution.

Petitioner contends that under Section 450(a) of the Code, a component city may be
created only by converting "a municipality or a cluster of barangays," not by merging two
municipalities, as what R.A. No. 8806 has done.

Issues:
(1) WON a component city may be created by merging two municipalities.
(2) WON there exist a "compelling" reason for merging the Municipalities of Bacon and Sorsogon
in order to create the City of Sorsogon
(3) WON R.A. No. 8806 violatethe "one subject-one bill" rule enunciated in Section 26 (1), Article
VI of the Constitution
(4) WON R.A No 8806 is unconstitutional

Held: Yes. Petitioner's constricted reading of Section 450(a) of the Code is erroneous. The
phrase "A municipality or a cluster of barangays may be converted into a component city" is not a
criterion but simply one of the modes by which a city may be created. Section 10, Article X of the
Constitution allows the merger of local government units to create a province city, municipality or
barangay in accordance with the criteria established by the Code. the creation of an entirely new
local government unit through a division or a merger of existing local government units is
recognized under the Constitution, provided that such merger or division shall comply with the
requirements prescribed by the Code.

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(2) This argument goes into the wisdom of R.A. No. 8806, a matter which we are not
competent to rule. In Angara v. Electoral Commission, this Court, made it clear that "the judiciary
does not pass upon questions of wisdom, justice or expediency of legislation." In the exercise of
judicial power, we are allowed only "to settle actual controversies involving rights which are legally
demandable and enforceable," and "may not annul an act of the political departments simply
because we feel it is unwise or impractical.

(3) No. There is only one subject embraced in the title of the law, that is, the creation of the
City of Sorsogon. The abolition/cessation of the corporate existence of the Municipalities of Bacon
and Sorsogon due to their merger is not a subject separate and distinct from the creation of
Sorsogon City. Such abolition/cessation was but the logical, natural and inevitable consequence
of the merger. The rule is sufficiently complied with if the title is comprehensive enough as to
include the general object which the statute seeks to effect, and where, as here, the persons
interested are informed of the nature, scope and consequences of the proposed law and its
operation.

(4) No. Every statute has in its favor the presumption of constitutionality. This presumption
is rooted in the doctrine of separation of powers which enjoins upon the three coordinate
departments of the Government a becoming courtesy for each other's acts. The theory is that
every law, being the joint act of the Legislature and the Executive, has passed careful scrutiny to
ensure that it is in accord with the fundamental law. This Court, however, may declare a law, or
portions thereof, unconstitutional where a petitioner has shown a clear and unequivocal breach of
the Constitution, not merely a doubtful or argumentative one. In other words the grounds for nullity
must be beyond reasonable doubt, for to doubt is to sustain. We hold that petitioner has failed to
present clear and convincing proof to defeat the presumption of constitutionality of R.A. No. 8806.

9) Aquino III v. Comelec [April 7, 2010]

FACTS:
This is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court. Petitioners
Senator Benigno Simeon C. Aquino III and Mayor Jesse Robredo seek the nullification as
unconstitutional of Republic Act No. 9716, entitled An Act Reapportioning the Composition of the
First (1st) and Second (2nd) Legislative Districts in the Province of Camarines Sur and Thereby
Creating a New Legislative District From Such Reapportionment.

Republic Act No. 9716 originated from House Bill No. 4264, and was signed into law by President
Gloria Macapagal Arroyo on 12 October 2009. It took effect on 31 October 2009 creating an
additional legislative district for the Province of Camarines Sur by reconfiguring the existing first
and second legislative districts of the province.

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The Province of Camarines Sur was estimated to have a population of 1,693,821,2 distributed
among four (4) legislative districts. Following the enactment of Republic Act No. 9716, the first and
second districts of Camarines Sur were reconfigured in order to create an additional legislative
district for the province. Hence, the first district municipalities of Libmanan, Minalabac, Pamplona,
Pasacao, and San Fernando were combined with the second district municipalities of Milaor and
Gainza to form a new second legislative district.

Petitioners contend that the reapportionment introduced by Republic Act No. 9716, runs afoul of
the explicit constitutional standard that requires a minimum population of two hundred fifty
thousand (250,000) for the creation of a legislative district. Petitioners rely on Section 5(3), Article
VI of the 1987 Constitution as basis for the cited 250,000 minimum population standard. The
provision reads:
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and
adjacent territory. Each city with a population of at least two hundred fifty thousand, or each
province, shall have at least one representative.

The petitioners claim that the reconfiguration by Republic Act No. 9716 of the first and second
districts of Camarines Sur is unconstitutional, because the proposed first district will end up with a
population of less than 250,000 or only 176,383.

ISSUE:
w/n a population of 250,000 is an indispensable constitutional requirement for the creation of a
new legislative district in a province?

HELD:
We deny the petition.

There is no specific provision in the Constitution that fixes a 250,000 minimum population that
must compose a legislative district.
The use by the subject provision of a comma to separate the phrase each city with a population
of at least two hundred fifty thousand from the phrase or each province point to no other
conclusion than that the 250,000 minimum population is only required for a city, but not for a
province.26
Apropos for discussion is the provision of the Local Government Code on the creation of a
province which, by virtue of and upon creation, is entitled to at least a legislative district. Thus,
Section 461 of the Local Government Code states:

Requisites for Creation.

(a) A province may be created if it has an average annual income, as certified by the Department
of Finance, of not less than Twenty million pesos (P20,000,000.00) based on 1991 constant
prices and either of the following requisites:
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(i) a contiguous territory of at least two thousand (2,000) square kilometers, as certified by
the Lands Management Bureau; or
(ii) a population of not less than two hundred fifty thousand (250,000) inhabitants as
certified by the National Statistics Office.

Notably, the requirement of population is not an indispensable requirement, but is merely an

alternative addition to the indispensable income requirement.

10) TAN vs. COMELEC

G.R. No. 73155 July 11, 1986
Governing law: Art XI Sec. 3 of Constitution in relation to Sec. 197 of Local Government Code

FACTS:
This case was prompted by the enactment of Batas Pambansa Blg. 885, An Act Creating a New
Province in the Island of Negros to be known as the Province of Negros del Norte, effective Dec.
3, 1985. (Cities of Silay, Cadiz and San Carlos and the municipalities of Calatrava, Taboso,
Escalante, Sagay, Manapla, Victorias, E.R. Magalona, and Salvador Benedicto proposed to
belong to the new province).

Pursuant to and in implementation of this law, the COMELEC scheduled a plebiscite for January
3, 1986. Petitioners opposed, filing a case for Prohibition and contending that the B.P. 885 is
unconstitutional and not in complete accord with the Local Government Code because:
The voters of the parent province of Negros Occidental, other than those living within the
territory of the new province of Negros del Norte, were not included in the plebiscite.
The area which would comprise the new province of Negros del Norte would only be
about 2,856.56 sq. km., which is lesser than the minimum area prescribed by the governing
statute, Sec. 197 of LGC.

ISSUE:
WON the plebiscite was legal and complied with the constitutional requisites of the Consititution,
which states that Sec. 3. No province, city, municipality or barrio may be created, divided,
merged, abolished, or its boundary substantially altered except in accordance with the criteria
established in the Local Government Code, and subject to the approval by a majority of the votes
in a plebiscite in the unit or units affected? NO.

HELD:
Whenever a province is created, divided or merged and there is substantial alteration of the
boundaries, the approval of a majority of votes in the plebiscite in the unit or units affected must
first be obtained. The creation of the proposed new province of Negros del Norte will necessarily
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result in the division and alteration of the existing boundaries of Negros Occidental (parent
province).

Plain and simple logic will demonstrate that two political units would be affected. The first would
be the parent province of Negros Occidental because its boundaries would be substantially
altered. The other affected entity would be composed of those in the area subtracted from the
mother province to constitute the proposed province of Negros del Norte.

Paredes vs. Executive (G.R. No. 55628) should not be taken as a doctrinal or compelling
precedent. Rather, the dissenting view of Justice Abad Santos is applicable, to wit:
when the Constitution speaks of the unit or units affected it 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 municipalities if there be a merger.

The remaining portion of the parent province is as much an area affected. The substantial
alteration of the boundaries of the parent province, not to mention the adverse economic effects it
might suffer, eloquently argue the points raised by the petitioners.

SC pronounced that the plebscite has no legal effect for being a patent nullity.

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