Professional Documents
Culture Documents
Prior to Republic Act No. 9716, the Province of Camarines Sur was estimated to have a population of 1,693,821, distributed
among four (4) legislative districts in this wise:
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. The following table3 illustrates the reapportionment made by Republic Act No. 9716:
Petitioner Aquino III was one of 2 senators who voted against the approval of the Bill by the Senate. Robredo is the Mayor of
Naga City which was part of the former 2nd district from which the municipalities of Gainza and Milaor were taken for inclusion
in the new 2nd district.
No other local executive joined the 2; neither did the representatives of the former 3rd and 4th districts of the province.
Petitioner’s Contentions: 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. 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. Petitioners
rely on Section 5(3), Article VI of the 1987 Constitution as basis for the cited 250,000 minimum population standard.
ISSUE(S): WON RA 9716 is constitutional.
HELD: YES.
RATIO:
We start with the basics. Any law duly enacted by Congress carries with it the presumption of constitutionality. Before a law
may be declared unconstitutional by this Court, there must be a clear showing that a specific provision of the fundamental law
has been violated or transgressed. When there is neither a violation of a specific provision of the Constitution nor any proof
showing that there is such a violation, the presumption of constitutionality will prevail and the law must be upheld. To doubt
is to sustain.
There is no specific provision in the Constitution that fixes a 250,000 minimum population that must compose a legislative
district.
The second sentence of Section 5(3), Article VI of the Constitution, succinctly provides: "Each city with a population of at least
two hundred fifty thousand, or each province, shall have at least one representative."
The provision draws a plain and clear distinction between the entitlement of a city to a district on one hand, and the entitlement
of a province to a district on the other. For while a province is entitled to at least a representative, with nothing mentioned
about population, a city must first meet a population minimum of 250,000 in order to be similarly entitled.
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.
Plainly read, Section 5(3) of the Constitution requires a 250,000 minimum population only for a city to be entitled to a
representative, but not so for a province.
The Mariano case limited the application of the 250,000 minimum population requirement for cities only to its initial legislative
district. In other words, while Section 5(3), Article VI of the Constitution requires a city to have a minimum population of
250,000 to be entitled to a representative, it does not have to increase its population by another 250,000 to be entitled to
an additional district.
There is no reason why the Mariano case, which involves the creation of an additional district within a city, should not be
applied to additional districts in provinces. Indeed, if an additional legislative district created within a city is not required to
represent a population of at least 250,000 in order to be valid, neither should such be needed for an additional district in a
province, considering moreover that a province is entitled to an initial seat by the mere fact of its creation and regardless of
its population.
Apropos for discussion is the provision of the LGC 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 LGC 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:
2. A. On July 29, 1997, Atty. Bienvenido Jaban (Jaban,Sr.) and his son Atty. Bienvenido Douglas Luke Bradbury Jaban (Jaban,Jr.) filed
a case with RTC- Cebu against the City of Cebu, represented by Hon. Alvin Garcia, its City Mayor, the Sangguniang Panlungsod of
Cebu City and its Presiding Officer, Hon. Renato V. Osmeña, and the chairman and operatives or officers of the City Traffic
Operations Management (CITOM), seeking the declaration of Ordinance No. 1644 as unconstitutional for being in violation of due
process and for being contrary to law, and damages. They alleged that on June 23, 1997, Jaban Sr. had properly parked his car in a
paying parking area on Manalili Street, Cebu City to get certain records and documents from his office; that upon his return after
less than 10 minutes, he had found his car being immobilized by a steel clamp, and a notice being posted on the car to the effect
that it would be a criminal offense to break the clamp; that he had been infuriated by the immobilization of his car because he had
been thereby rendered unable to meet an important client on that day; that his car was impounded for three days, and was
informed at the office of the CITOM that he had first to pay₱4,200.00 as a fine to the City Treasurer of Cebu City for the release of
his car; that the fine was imposed without any court hearing and without due process of law, for he was not even told why his car
had been immobilized; that he had undergone a similar incident of clamping of his car on the early morning of November 20, 1997
while his car was parked properly in a parking lot in front of the San Nicolas Pasil Market in Cebu City without violating any traffic
regulation or causing any obstruction; that he was compelled to pay ₱1,500.00(itemized as ₱500.00 for the clamping and₱1,000.00
for the violation) without any court hearing and final judgment; that on May 19, 1997, Jaban, Jr. parked his car in a very secluded
place where there was no sign prohibiting parking; that his car was immobilized by CITOM operative Lito Gilbuena; and that he was
compelled to pay the total sum of ₱1,400.00 for the release of his car without a court hearing and a final judgment.
B. On August 11, 1997, Valentino Legaspi (Legaspi) likewise sued in the RTC- Cebu, T.C. Sayson, Ricardo Hapitan and John Does. He
averred that on the morning of July 29, 1997, he left his car on the sidewalk and the street outside the gate of his house to make
way for the vehicle of the anay exterminator who had asked to be allowed to unload his materials and equipment from the front
of the residence inasmuch as his daughter’s car had been parked in the carport, with the assurance that the unloading would not
take too long; that while waiting for the anay exterminator to finish unloading, the phone in his office inside the house had rung,
impelling him to go into the house to answer the call; that after a short while, his son-in-law informed him that unknown persons
had clamped the front wheel of his car; that he rushed outside and found a traffic citation stating that his car had been clamped by
CITOM ; the car was towed even if it was not obstructing the flow of traffic.
3. In separate answers for the City of Cebu and its co-defendants, the City Attorney of Cebu reasoned that the traffic enforcers only
upheld the law; and that Ordinance No. 1664 enjoyed the presumption of constitutionality and validity.
4. The cases were consolidated before the RTC. After trial, it declared Ordinance No. 1664 as null and void because "In both
procedural and substantive due process, a hearing is always a pre-requisite, hence, the taking or deprivation of one’s life, liberty or
property must be done upon and with observance of the "due process" clause” Under Ordinance No. 1664, when a vehicle is parked
in a prohibited, restricted or regulated, the vehicle is immobilized by clamping any tire of said vehicle with the use of a denver boot
vehicle immobilizer or any other special gadget which immobilized the motor vehicle. The violating vehicle is immobilized, thus,
depriving its owner of the use thereof at the sole determination of any traffic enforcer or regular PNP personnel or Cebu City Traffic
Law Enforcement Personnel. The vehicle immobilizer cannot be removed or released without the owner or driver paying first to
the City Treasurer of Cebu through the Traffic Violations Bureau all the accumulated penalties of all unpaid or unsettled traffic law
violations, plus the administrative penalty of ₱500.00 and, further, the immobilized vehicle shall be released only upon presentation
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of the receipt of said payments and upon release order by the Chairman, CITOM, or Chairman, Committee on Police, Fire and
Penology, or Asst. City Fiscal Felipe Belcina. It should be stressed that the owner of the immobilized vehicle shall have to undergo
all these ordeals at the mercy of the Traffic Law Enforcer who, as the Ordinance in question mandates, is the arresting officer,
prosecutor, Judge and collector. Otherwise stated, the owner of the immobilized motor vehicle is deprived of his right to the use
of his/her vehicle and penalized without a hearing by a person who is not legally or duly vested with such rights, power or authority.
The Ordinance in question is penal in nature.
5. The City of Cebu and its co-defendants appealed to the CA which overturned the RTC decision, declaring the ordinance valid.
Defendants-appellants contended that the passage of Ordinance 1664 is in accordance with the police powers exercised by the City
of Cebu through the Sangguniang Panlungsod and granted by RA 7160, otherwise known as the Local Government Code. Firstly, it
enumerates the subjects on which the Sangguniang Panlungsod may exercise these powers. Thus, with respect to the use of public
streets, Section 458 of the Code states:
Section 458 (a) The sangguniang panlungsod, as the legislative branch of the city, x x x shall x x x
(5) (v) Regulate the use of streets, xxx
(vi) Regulate traffic on all streets and bridges; prohibit encroachments or obstacles thereon and, when necessary in the interest of
public welfare, xx The scope of the legislative authority of the local government is set out in Section 16, to wit: General Welfare. –
Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of
the general welfare.
ISSUE(S: Whether Ordinance No. 1664 complied with the requirements for validity and constitutionality, particularly the limitations
set by the Constitution and the relevant statutes.— YES
RATIO:
A. Tests for a valid ordinance: In Manila v. Laguio: For an ordinance to be valid, it (1) must not contravene the Constitution
or any statute; (2) must not be unfair or oppressive;(3) must not be partial or discriminatory; (4) must not prohibit but may
regulate trade; (5) must be general and consistent with public policy; and (6) must not be unreasonable. As jurisprudence
indicates, the tests are divided into the formal (i.e., whether the ordinance was enacted within the corporate powers of
the LGU, and whether it was passed in accordance with the procedure prescribed by law), and the substantive
(i.e.,involving inherent merit, like the conformity of the ordinance with the limitations under the Constitution and the
statutes, as well as with the requirements of fairness and reason, and its consistency with public policy).
B. Compliance of Ordinance No. 1664 with the formal requirements: With no issues being hereby raised against the
formalities attendant to the enactment of Ordinance No. 1664, we presume its full compliance with the test in that regard.
Congress enacted the LGC as the implementing law for the delegation to the various LGUs of the State’s great powers,
namely: the police power, the power of eminent domain, and the power of taxation. In particular, police power is regarded
as "the most essential, insistent and the least limitable of powers, extending as it does ‘to all the great public needs.’" In
point is the exercise by the LGU of the City of Cebu of delegated police power. In MMDA v. Bel-Air Village the: The National
Legislature may delegate this power to the President and administrative boards as well as the lawmaking bodies of local
government units. Once delegated, the agents can exercise only such legislative powers as are conferred on them by the
national lawmaking body. The CAs ruling was correct.
C. Compliance of Ordinance No. 1664 with the substantive requirements: The first substantive requirement for a valid
ordinance is the adherence to the constitutional guaranty of due process of law as embedded in Art III, Sec 1 of the
Constitution. The police power granted to local government units must always be exercised with utmost observance of
the rights of the people to due process and equal protection of the law. Such power cannot be exercised whimsically,
arbitrarily or despotically as its exercise is subject to a qualification, limitation or restriction demanded by the respect and
regard due to the prescription of the fundamental law, particularly those forming part of the Bill of Rights. Individual rights,
it bears emphasis, may be adversely affected only to the extent that may fairly be required by the legitimate demands of
public interest or public welfare. Due process requires the intrinsic validity of the law in interfering with the rights of the
person to his life, liberty and property.
Considering that traffic congestions were already retarding the growth and progress in the population and economic centers of the
country, the plain objective of Ordinance No. 1664 was to serve the public interest and advance the general welfare in the City of
Cebu. Its adoption was, therefore, in order to fulfill the compelling government purpose of immediately addressing the burgeoning
traffic congestions caused by illegally parked vehicles obstructing the streets of the City of Cebu. Legaspi’s attack against the
provisions of Ordinance No. 1664 for being vague and ambiguous cannot stand scrutiny. There could be no confusion on the
meaning and coverage of the ordinance. The petitioners further assert that drivers or vehicle owners affected by Ordinance No.
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1664 like themselves were not accorded the opportunity to protest the clamping, towing, and impounding of the vehicles, or even
to be heard and to explain their side prior to the immobilization of their vehicles; and that the ordinance was oppressive and
arbitrary for that reason.
The adverse assertions against Ordinance No. 1664 are unwarranted. Firstly, Ordinance No. 1664 was far from oppressive and
arbitrary. Any driver or vehicle owner whose vehicle was immobilized by clamping could protest such action of a traffic enforcer or
PNP personnel enforcing the ordinance. Section 3 of Ordinance No. 1664, supra, textually afforded an administrative escape in the
form of permitting the release of the immobilized vehicle upon a protest directly made to the Chairman of CITOM; or to the
Chairman of the Committee on Police, Fire and Penology of the City of Cebu; or to Asst. City Prosecutor Felipe Belciña–officials
named in the ordinance itself. The release could be ordered by any of such officials even without the payment of the stipulated
fine. That none of the petitioners, albeit lawyers all, resorted to such recourse did not diminish the fairness and reasonableness of
the escape clause written in the ordinance. Secondly, the immobilization of a vehicle by clamping pursuant to the ordinance was
not necessary if the driver or vehicle owner was around at the time of the apprehension for illegal parking or obstruction. In that
situation, the enforcer would simply either require the driver to move the vehicle or issue a traffic citation should the latter persist
in his violation. The clamping would happen only to prevent the transgress or from using the vehicle itself to escape the due
sanctions. And, lastly, the towing away of the immobilized vehicle was not equivalent to a summary impounding, but designed to
prevent the immobilized vehicle from obstructing traffic in the vicinity of the apprehension and thereby ensure the smooth flow of
traffic. The owner of the towed vehicle would not be deprived of his property. In fine, the circumstances set forth herein indicate
that Ordinance No. 1664 complied with the elements of fairness and reasonableness.
D. Being the same court in the three cases, the RTC should have anticipated that in the regular course of proceedings the
outcome of the appeal in these cases then pending before the CA would ultimately be elevated to and determined by no
less than the Court itself. Such anticipation should have made it refrain from declaring Ordinance No. 1664
unconstitutional, for a lower court like itself, appreciating its position in the "interrelation and operation of the integrated
judicial system of the nation," should have exercised a "becoming modesty" on the issue of the constitutionality of the
same ordinance that the Constitution required the majority vote of the Members of the Court sitting en bane to determine.
Such "becoming modesty" also forewarned that any declaration of unconstitutionality by an inferior court was binding
only on the parties, but that a declaration of unconstitutionality by the Court would be a precedent binding on all.
Judgment on the pleadings is improper when the answer to the complaint tenders
several issues.
A motion for judgment on the pleadings admits the truth of all the material and relevant allegations of the opposing party and the
judgment must rest on those allegations taken together with such other allegations as are admitted in the pleadings.
It is proper when an answer fails to tender an issue, or otherwise admits the material allegations of the adverse partys pleading.
(b) For efficient, effective and economical governance the purpose of which is the general welfare of the
municipality and its inhabitants pursuant to Section 16 of this Code, the municipal mayor shall: x x x
(1) Exercise general supervision and control over all programs, projects, services, and activities of the
municipal government, and in this connection, shall: x x x
(vi) Upon authorization by the sangguniang bayan, represent the municipality in all its
business transactions and sign on its behalf all bonds, contracts, and obligations, and such other
documents made pursuant to law or ordinance; x x x
Pursuant to this provision, the municipal mayor is required to secure the prior authorization of the Sangguniang Bayan before entering
into a contract on behalf of the municipality.
In the instant case, the Sangguniang Bayan of Tiwi unanimously passed Resolution No. 15-92 authorizing Mayor Corral to hire a lawyer
of her choice to represent the interest of Tiwi in the execution of this Court’s ruling in NAPOCOR v. Province of Albay
Petitioners contention that the subject contract should first be ratified in order to become enforceable as against Tiwi must necessarily
fail.
As correctly held by the CA, the law speaks of prior authorization and not ratification with respect to the power of the local chief
executive to enter into a contract on behalf of the LGU
The wording of Resolution No. 15-92 is clear. Its title and whereas clauses, previously quoted above, indicate that the hiring of a lawyer
was for the sole purpose of executing the judgment in NAPOCOR v. Province of Albay, that is, to allow Tiwi to recover its rightful share
in the unpaid realty taxes of NPC. In his Complaint, respondent admits that he was furnished and read a copy of the said resolution
before he entered into the subject contract. He cannot now feign ignorance of the limitations of the authority of Mayor Corral to enter
into the subject contract and the purpose for which his services were employed.
The allegations and admissions in the pleadings are sufficient to rule that Mayor Corral was duly authorized to enter into the Contract
of Legal Services. However, the legal services contemplated therein, which are properly compensable, are limited to such services, which
reasonably contributed to the recovery of Tiwis rightful share in the unpaid realty taxes of NPC. Paragraph 4 of the Contract of Legal
Services, insofar as it covers legal services outside of this purpose, is therefore unenforceable.
It could not have been the intention of the Sangguniang Bayan of Tiwi to authorize the hiring of a lawyer to perform general legal
services because this duty devolves upon the municipal legal officer. The council sought the services of a lawyer because the dispute
was between the municipality (Tiwi) and province (Albay) so much so that it f ell under the exception provided in Section
481(b)(3)(i)1[27] of the LGC which permits a LGU to employ the services of a special legal officer. Thus, the provisions of paragraph 4 of
Third Issue: The issue of the reasonable legal fees due to respondent still needs to be resolved in a trial on the merits
This aspect of the case is decisive because it goes into the central issue of whether the 10% contingent fee is unreasonable and
unconscionable. Consequently, it becomes necessary to weigh, based on the evidence that will be adduced during trial, the relative
importance of the aforesaid opinion vis--vis the cases allegedly handled by respondent on behalf of Tiwi insofar as they aided in the
eventual recovery of the unpaid realty taxes. And from here, the trial court may reasonably determine what weight or value to assign
the legal services which were rendered by respondent.
TLC and the spouses Alfonso filed a Motion for Reconsideration and while pending, the Municipalityof Muntinlupa, through its
Sangguniang Bayan, passed Resolution No. 94-179 correcting an allegedtypographical error in the description of a parcel of land
under the heading "Institutional Zone" in Appendix B of Ordinance No. 91-
39, adjusting the description "Lot 25, Block 1, Phase V, Ayala Alabang" to "Lot 25, Block 3, Phase V, Ayala Alabang." According
to the HLURB, Muntinlupa Resolution No. 94-179 is not a case of a mere correction of anerror but an actual rezoning of the property
into an institutional area, and therefore remanded thesame to the Sanguniang Bayan of Muntinlupa for the conduct of the required
public hearings. TheMunicipality of Muntinlupa, TLC and the spouses Alfonso appealed the HLURB Resolution to theOffice of the
President which held that Muntinlupa Resolution No. 94-179 is a mere rectifyingissuance and need not comply with the mandatory
requirements of notice and hearing. CA affirmedwith modifications
FACTS:
Subdivision developer Ayala Land, Inc. (ALI) sold a parcel of land to the spouses Jose and Cristina Yuson.
Sps Yuson sold the same to the spouses Felipe and Mary Anne Alfonso. A Deed of Restrictions was annotated in the TCT issued
to the spouses Alfonso, as had been required by ALI.
The Deed of Restrictions indicated that:
2.2 USE AND OCCUPANCY - The property shall be used exclusively for the establishment and maintenance
thereon of a preparatory (nursery and kindergarten) school, which may include such installations as an office
for school administration, playground and garage for school vehicles.
ALI turned over the right and power to enforce the restrictions on the properties in the Ayala Alabang Village to
the association of homeowners therein, the Ayala Alabang Village Association (AAVA).
Sps Alfonso opened on the same lot The Learning Child Center Pre-school (TLC), a preparatory school which
initially consisted of nursery and kindergarten classes.
The TLC was expanded to include a grade school program which provided additional grade levels as the pupils
who initially enrolled advanced.
Second Issue:
With the above ruling, this decision should end here. But GEA asks the Court to dispense with the technicalities involved and
rule instead on the merits of the case, given that GEA and its members had gone through a lot of trouble to get the HLURB to
stop the project from rising on the contested land site. To avert the likelihood that this case would shift to another forum under
the guise of some other issue or issues, the Court deems it wise to resolve the substantial issue that GEA presents considering
that both sides have amply argued the same.
GEA invokes Sec. 10, Art. V of MMZO 81-01. This section provides height restrictions on a C-2 property that adjoins an R-1
property without an intervening street or permanent open space that is over 6 meters wide and that the properties have
adjacent front yards, or even when there are none, the intervening street or permanent open space does not exceed 3 meters
in width.
But MMZO 81-01 applies to a situation where an R-1 property adjoins a C-2 property. This has ceased to be the case between
the land site and the subdivision after the Mandaluyong City government enacted Ordinance 128 in 1993. That was before
the present case came up. Ordinance 128 converted certain R-1 zones to C-2 zones and these included those on the western
side of EGI’s land site, namely Lot 11, Block 4, and Lot 11, Block 20. Consequently, the subject land site ceased to be adjacent
to an R-1 zone and no longer suffered from height restrictions.
GEA claims that the lots that Ordinance 128 converted into C-2 zones were only the lots between Ortigas Ave. and Notre Dame
Street that run parallel to EDSA but at some depth from it. They are on the Wack-Wack side of Ortigas Ave. Ordinance 128
describes the newly converted C-2 zones relevant to this case as "a lot deep along Ortigas Ave. from EDSA to Notre Dame
Street." Because of the mention of Notre Dame Street, which is found on only one side of Ortigas Ave., GEA concludes that the
new C-2 zones did not extend to the other side of Ortigas Ave. where Greenhills East Subdivision and EGI’s land site are located.
But, as HLURB pointed out, if the purpose of the ordinance was to limit the land classification conversion only to the side of
Ortigas Ave. where the Wack-Wack Subdivision lay, it would have simply stated, using the technical language applied to the
other converted areas, "a lot deep along the Wack-Wack side of Ortigas Ave. from EDSA to Notre Dame Street," instead of
saying, "a lot deep along Ortigas Ave." It could only mean, therefore, that the ordinance intended to convert all the lots, on
both sides and margins of Ortigas Ave. up to the point where Notre Dame Street was.
The Court finds either conclusion unclear, given the essentially vague way by which Ordinance 128 describes the affected areas.
What really clears up the issue for the Court is the HLURB’s recourse to the Revised Zoning Map of Mandaluyong City. The
color-coded map shows identical color and captions for the lots stretching at some depth from EDSA, but running parallel to it,
on both sides of Ortigas Ave., including Lot 11, Block 4, and Lot 11, Block 20 on the Greenhills East Subdivision side. The map
tags both sides of Ortigas Ave. with the same C-2 classification.
In relying on the Mandaluyong zoning map, the HLURB took note of the standard procedure observed in fixing the boundaries
of lands, where the preparation and drafting of the illustrative maps precede the drafting of the text that describes those
boundaries. Although the text of the ordinance is controlling, any doubt or vagueness in the meaning of its provisions may be
cleared up by a reference to the official map. As a quasi-judicial body, which enjoys an expertise in land zoning classifications,
the HLURB can take judicial notice of such official maps as are generated and used in government zoning activities. The Court
has no reason to disturb its findings in this case.
GEA argues, however, that even on the assumption that Ordinance 128 converted the lots on the Greenhills East Subdivision
side of Ortigas Ave. into a C-2 zone, such conversion affected only Lot 11, Block 20. It did not convert Lot 11, Block 4, which
was adjacent to the controversial land site, and which retained an R-1 classification.
HELD: YES
RATIO:
Section 2 of AO 103 state:
SECTION 2. All heads of government offices/agencies, including government owned and/or controlled
corporations, as well as their respective governing boards are hereby enjoined and prohibited from
authorizing/granting Productivity Incentive Benefits or any and all forms of allowances/benefits without prior
approval and authorization via Administrative Order by the Office of the President. Henceforth, anyone found
violating any of the mandates in this Order, including all officials/agency found to have taken part thereof, shall be
accordingly and severely dealt with in accordance with the applicable provisions of existing administrative and penal
laws.
Consequently, all administrative authorizations to grant any form of allowances/benefits and all forms of additional
compensation usually paid outside of the prescribed basic salary under R.A. 6758, the Salary Standardization Law, that
are inconsistent with the legislated policy on the matter or are not covered by any legislative action are hereby
revoked.”
From a close reading of the provisions of AO 103, petitioner did not violate the rule of prior approval from the President since
Section 2 states that the prohibition applies only to “government offices/agencies, including government-owned and/or
controlled corporations, as well as their respective governing boards.” Nowhere is it indicated in Section 2 that the prohibition
also applies to LGUs. The requirement then of prior approval from the President under AO 103 is applicable only to
departments, bureaus, offices and government-owned and controlled corporations under the Executive branch. In other
words, AO 103 must be observed by government offices under the President’s control as mandated by Section 17, Article VII
of the Constitution which states:
“Section 17. The President shall have control of all executive departments, bureaus and offices. He shall ensure that
the laws be faithfully executed.”
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Being an LGU, petitioner is merely under the President’s general supervision pursuant to Section 4, Article X of the Constitution:
“Sec. 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with
respect to component cities and municipalities, and cities and municipalities with respect to component barangays
shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.”
Since LGUs are subject only to the power of general supervision of the President, the President’s authority is limited to seeing
to it that rules are followed and laws are faithfully executed. The President may only point out that rules have not been followed
but the President cannot lay down the rules, neither does he have the discretion to modify or replace the rules. Thus, the grant
of additional compensation like hospitalization and health care insurance benefits in the present case does not need the
approval of the President to be valid.
Consistent with the state policy of local autonomy as guaranteed by the 1987 Constitution, under Section 25, Article II and
Section 2, Article X, and the Local Government Code of 1991, we declare that the grant and release of the hospitalization and
health care insurance benefits given to petitioner’s officials and employees were validly enacted through an ordinance passed
by petitioner’s Sangguniang Panlalawigan.
9. Bayan Muna v. Romulo and Ople AUTHOR: Valera (Used Lacap’s Ratio- I can’t do any better)
GR No. 159618, February 1, 2011 Notes: This petition for certiorari, mandamus and prohibition
TOPIC: Treaties/Executive Agreements under Rule 65 assails and seeks to nullify the Non-Surrender
PONENTE: Velasco. Agreement concluded by and between the Republic of the
Philippines (RP) and the United States of America (USA).
ROMULO = EXEC SEC
OPLE = DFA SEC.
CASE LAW/ DOCTRINE: I don’t know which topic we are focusing on so the ones in BOLD in the Ratio would be the doctrine.
Emergency Recit: The RP and The US had an agreement which in essence states that “ absent the consent of one party, persons of
in the territory of another shall not be transferred or surrendered to any international tribunal.” The Agreement was done through
the process of Exchange of Notes, wherein the US Ambassador through a note proposed the agreement and the DFA Secretary via
exchange of notes consented to the agreement. Bayan- Muna asserts that such was an invalid agreement as it did not have the
concurrence of the senate and that it contravenes the Rome Statute that the PH is a signatory of but have not yet fully ratified. The
SC held that the agreement was valid, as it was an executive agreement no need for senate concurrence and it does not contravene
the Rome Statute.
FACTS:
On Dec 28, 2000, the RP signed the Rome Statute which but its terms is subject to ratification, acceptance or approval of the
signatory states. Philippines as of the time of this case has not completed the ratification, approval and concurrence process.
The Rome Statute established the International Criminal Court, with the power to the power to exercise its
jurisdiction over persons for the most serious crimes of international concern x x x and shall be complementary to
the national criminal jurisdictions.
On May 9, 2003, Ambassador Riccardone sent the US embassy Note No. 0470 to the DFA proposing the terms of the non-
surrender bilateral agreement(agreement) between the US and the RP.
Via Exchange of Notes No. BFO -028-03( E/N BFO-028-03), the RP represented by DFA sec. Ople agreed with and accepted the
US proposals in the US embassy note and put in effect the Agreement with the US.
The agreement aims to protect what it refers to and defines as persons of the RP and the US from frivolous and
harassment suits that might be brought against them in international tribunal.
The Agreement contains:
i. Persons are defined as current or former government officials, employees, military personnel
ii. That absent the consent of one party, persons in the territory of another shall not be transferred or
surrendered to any international tribunal (unless such tribunal has been established by the Un Security
Council) or to any other entity or third county; or to be expelled to a third country
iii. When the US extradites a person of the Philippines to a third country, the US will not transfer or surrender
such person to any tribunal without the consent of the Philippines, (this rule vice versa with the
Philippines)
When the Sol Gen Benipayo inquired on the status of the non-surrender agreement to Ambassador Ricciardone, the
Ambassador replied that the exchange of diplomatic notes constituted a legally binding agreement under international law and
that under US law, the Agreement did not require the advice and consent of the US Senate.
In this Petition, Bayan-Muna imputes grave abuse of discretion to respondents in concluding and ratifying the Agreement. And
prays that it be struck down as unconstitutional or at least declared as w/o force and effect.
On the other hand, Respondents, questions Bayan-Muna’s legal standing and that the Agreement, being in the nature of an
executive agreement does not require Senate concurrence for its efficacy.
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G03 – Atty. Ricardo A. Sunga III
ISSUE(S):
1. W/N the Agreement was contracted validly?
2. WON the Agreement is valid, binding and effective without the concurrence of the Senate?
SECOND ISSUE: Whether exchange not notes is a valid mode of concluding an international written contract among nations –
YES
Petitioner’s initial challenge against the Agreement relates to form, its threshold posture being that the exchange of notes
cannot be a valid medium for concluding the Agreement.
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G03 – Atty. Ricardo A. Sunga III
Petitioner’s argument is untenable.
The doctrine of incorporation, as expressed in Section 2, Article II of the Constitution, wherein the Philippines adopts the
generally accepted principles of international law and international jurisprudence as part of the law of the land and adheres
to the policy of peace, cooperation, and amity with all nations.
An exchange of notes falls “into the category of inter-governmental agreements,” which is an internationally accepted form
of international agreement.
The terms “exchange of notes” and “executive agreements” have been used interchangeably, exchange of notes being
considered a form of executive agreement that becomes binding through executive action.
On the other hand, executive agreements concluded by the President “sometimes take the form of exchange of notes and at
other times that of more formal documents denominated ‘agreements’ or ‘protocols.’
It is fairly clear from the foregoing disquisition that the exchange of notes (E/N BFO-028-03) ––be it viewed as the Non-
Surrender Agreement itself, or as an integral instrument of acceptance thereof or as consent to be bound––is a recognized
mode of concluding a legally binding international written contract among nations.
FOURTH ISSUE: Whether the agreement is in contravention with the Rome Statute – NO
Petitioner posits that the Agreement was constituted solely for the purpose of providing individuals or groups of individuals
with immunity from the jurisdiction of the ICC; and such grant of immunity through non-surrender agreements allegedly does
not legitimately fall within the scope of Art. 98 of the Rome Statute.
Contrary to petitioner’s pretense, the Agreement does not contravene or undermine, nor does it differ from, the Rome
Statute. Far from going against each other, one complements the other.
o As a matter of fact, the principle of complementarity underpins the creation of the ICC.
o As aptly pointed out by respondents and admitted by petitioners, the jurisdiction of the ICC is to “be complementary
to national criminal jurisdictions [of the signatory states].”
o Significantly, the sixth preambular paragraph of the Rome Statute declares that “it is the duty of every State to
exercise its criminal jurisdiction over those responsible for international crimes.”
This provision indicates that primary jurisdiction over the so-called international crimes rests, at the first
instance, with the state where the crime was committed; secondarily, with the ICC in appropriate
situations contemplated under Art. 17, par. 1 of the Rome Statute
Of particular note is the application of the principle of ne bis in idem under par. 3 of Art. 20, Rome Statute, which again
underscores the primacy of the jurisdiction of a state vis-a-vis that of the ICC.
The Rome Statute expressly recognizes the primary jurisdiction of states, like the RP, over serious crimes committed within
their respective borders, the complementary jurisdiction of the ICC coming into play only when the signatory states are
unwilling or unable to prosecute.
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G03 – Atty. Ricardo A. Sunga III
The Rome Statute also contains a proviso that enjoins the ICC from seeking the surrender of an erring person, should the
process require the requested state to perform an act that would violate some international agreement it has entered into.
DISPOSITIVE: The petition for certiorari, mandamus and prohibition was DISMISSED for lack of merit.