UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Conti 1

Ruth Angelica Teoxon (B2023) Prof. Victoria Loanzon

Municipality of San Narciso, Quezon vs Mendez, Sr.,
G.R. No. 103702 – Dec 6 1994
EN BANC
Ponente: Vitug, J.

ARTICLE/S INVOKED

 Executive Order No. 353, s. 1959 – Creating the Municipal District of San Andres in the Province of
Quezon

CASE SUMMARY

The Municipality of San Narciso, after thirty years, files a case against the Municipality of San Andres
arguing that the executive order that made the latter a municipality in the first place was unconstitutional and
therefore should remain a part of the former. The Supreme Court reviews the facts of the case, and rules that
the de jure status of the Municipality of San Andres should be conceded.

FACTS OF THE CASE

 Aug 20 1959 – EO 353 was issued by Pres. Carlos P Garcia creating the municipal district of San Andres,
Quezon by separating it from the Municipality of San Narciso
 Oct 5, 1965 – EO 174 by Pres. Diosdado Macapagal recognized the municipal district of San Andres a
“fifth-class municipality” starting July 1, 1963
 Jun 5 1989 – Municipality of San Narciso filed a petition for quo warranto against the municipality of San
Andres, arguing that EO 353 was unconstitutional and therefore should be considered null
o They contended that EO 353, a presidential act, was a clear usurpation of the inherent powers of the
legislature and in violation of the constitutional principle of separation of powers
o The respondents asked for the dismissal of the petition, arguing that since it was at the instance of
petitioner municipality that the Municipality of San Andres was given life with EO 353, it should be
deemed estopped from questioning the creation of the new municipality
 July 18 1991 – Trial court of Gumaca, Quezon resolved to defer action on the motion to dismiss, filed by
the municipality of San Andres, and to deny judgment on the pleadings
 Nov 27 1991 – municipality of San Andres filed another motion to dismiss, arguing that the case had
become “moot and academic: after the Local Govt Code of 1991 was enacted. According to which, all
municipalities existing as of the date of its effectivity shall continue to exist and operate as such (Sec 442).
 Dec 2 1991 – trial court dismissed the petition citing that it was a matter that belonged to the State
 Jun 17 1992 – the same trial court dismissed petitioner’s motion for reconsideration.
 Before the Court delved into the merits of the petition regarding the legal status of the Municipality of San
Andres, they noted that the petitioners erred in the proper procedure and that quo warranto cases are usually
brought in the name of the Republic and commenced by the Sol-Gen, but can sometimes be commenced
by an individual who claims to be entitled to the public office.

ISSUE/S & RATIO/S

1) W/N the conversion of the municipal district of San Andres into a municipality should be null
NO. Given the strange circumstances of the case, the de jure status of the Municipality of San Andres is
conceded.
 UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Conti 1
Ruth Angelica Teoxon (B2023) Prof. Victoria Loanzon
 Despite the petitioners acquiring a vested right to challenge the constitutionality of EO 353, the quo
warranto proceeding must have been raised promptly. The Municipality of San Narciso decided to
challenge the legality of the executive order only AFTER almost thirty years
o In the meantime, the Municipality of San Andres continued to exercise the powers and
authority of an actual local government unit.
 The Court granted that the Executive Order 353 was a complete nullity for being unconstitutional, but
because of the unusual circumstances of this case, there is almost no choice but to consider the
Municipality of San Andres to have at least attained a status that is close to that of a de facto municipal
corporation.
 The Court reiterated that the power to create political subdivisions is a function of the legislature. And
that is indeed what the Congress did when it incorporated Section 442 of the Local Government Code,
which again, provided that municipalities existing as of the date it becomes effective shall continue to
exist and operate as such.
 The ruling also said, “Curative laws, which in essence are retrospective, and aimed at giving “validity
to acts done that would have been invalid under existing laws, as if existing laws have been complied
with,” are validly accepted in this jurisdiction.”

RULING
Hence, the de jure status of the Municipality of San Andres in the province of Quezon must be conceded, and
the instant petition for certiorari is DISMISSED.