Public Corporation Case Distribution

PUBLIC CORPORATION
Case List
Atty.
Note:Mauricio C. Ulep will start from the topic of RA 6734 ;
Case digest-ing
Short case contains 15 pages and below
Long case contains 16 pages and up
TYPE OF CASE NO. CASE
II. PRIMARY LAW AND GENERAL PROVISIONS
C. RA 6734 (Organic Act of ARMM), as amended by RA 9054
Short case 1 Abbas v. COMELEC
Short case 2 Chiongbian v. Orbos,
Kida v. Senate 245 SCRA 253
of the Philippines, 659 SCRA 270 – MR denied in
Long case 3 Kida v. Senate of the Philippines, 667 SCRA 200
D. RA 6766 (Organic Act for Cordillera Administrative Region)
Short case 4 Ordillo v. COMELEC, 192 SCRA 100
Short case 5 Cordillera Broad Coalition v. COMELEC, 181 SCRA 495
G. Local Government Unit Defined
Short case 6 Alvarez v. Guingona, Jr., 252 SCRA 695
H. Local Autonomy explained
Long case 7 Pimentel v. Aguirre, 336 SCRA 201
Long case 8 Province
Sampianoofv.Batangas
Indar, 608 v. SCRA
Romulo,
597429 SCRA 736
in relation to P.D. 1741 dated
Short case 9 October 31, 1980
Short case 10 Pimentel, Jr. v. Ochoa, 676 SCRA 551
Long case 11 Villafuerte,
Sangguniang Jr. Panlalawigan
v. Robredo, 744 SCRA v.
of Bataan 534
Garcia, Jr., 804 SCRA
Long case 12 629
J. Two fold Character of a Municipal Corporation and its Significance
Long case 13 Veterans Federation of the Philippines v. Reyes, 483 SCRA 526
Long case 14 Fontanilla v. Maliaman, 194 SCRA 486
K. Is the Boy Scouts of the
BoyPhilippines a Public
Scouts of the Corporation?
Philippines v. Commission on Audit, 651
Long case 15 SCRA 146
L. What is Quasi Public Corporation
Philippine Society for the Prevention of Cruelty to Animals v.
Long case 16 Commission on Audit, 534 SCRA 112
Long case 17 Marilao Water Consumers Association, Inc. v. IAC, 201 SCRA
III. CREATION AND ABOLITION OF MUNICIPAL CORPORATIONS
B. Decided cases:
Short case 18 Pelaez v. Auditor General, 15 SCRA 569
Short case 19 Barrameda v. Atienza, 369 SCRA 311
Long case 20 Camid v. Office of the President, 448 SCRA 711
Long case 21 Tan v. COMELEC, 142 SCRA 727
Short case 22 Paredes v. Executive Secretary, 128 SCRA 6
Short case 23 Mun. of Candijay, Bohol v. CA, 251 SCRA 530
Short case 24 Mun. of Jimenez v. Baz, Jr., 265 SCRA 182
Short case 25 Mendenilla v. Onandia, 5 SCRA 536
Short case 26 Samson v. Aguirre, 315 SCRA 53
Short case 27 Cawaling v. COMELEC, 368 SCRA 453
Short case 28 Central Barrio
Department of v. City Treasurer
Agrarian Reform ofv. Davao, 23 SCRA
Sarangani 6
Agricultural Co.
Short case 29 Inc., 512 SCRA 467
League of Cities of the Philippines v. Commission on Elections,
Long case 30 571 SCRA 263, 608 SCRA 636, 628 SCRA 819
Long case 31 Navarro v. Ermita 612 SCRA 131
Short case 32 Cagas v. Commission on Elections 708 SCRA 672
C. How are existing sub-provinces converted to provinces
33 Grino v. COMELEC
D. Conversion of a component city into a highly urbanized city (Art. 12, d. Conversion of a component city into a hig
reclassification
34 Ceniza v. COMELEC, 95 SCRA 763 and Sec. 3, R.A. 6646
35 Tobias v. Abalos, 239 SCRA 106
36 Miranda v. Aguirre, 314 SCRA 603
37 Jadewell Parking Systems Corp. v. Lidua, Jr., 706 SCRA 724
38 Bagabuyo v. COMELEC, 573 SCRA 290
39 Aldaba
Aquino v.
III Commission
and Robredoon v. Elections,
Commission 611onSCRA 137 617 SCRA
Elections,
40 623
41 Umali v. Commission on Elections, 723 SCRA 170
E. Effect of conversion of a municipality to a city on the term of the mayor
42 Laceda, Sr. v. Limena, 571 SCRA 603
F. Abolition
43 Sultan Usman Sarangani v. COMELEC, 334 SCRA 379
44 Salva v. Makalintal, 340 SCRA 506
G. Classification of provinces, cities and municipalities (Read E. O. 249)
45 Herrera v. Commission on Elections, 318 SCRA 336
TO BE DISCUSSED
PERSON ASSIGNED PERSON ASSIGNED
STATUS ON (Date of Class
SHORT CASE LONG CASE
Recit)
Angelu Submitted 9/25/2021

Brian Submitted 9/25/2021
Dana Submitted 9/25/2021

Quennie Not yet submitted 9/25/2021
Sittie Submitted 9/25/2021




Sittie Not yet submitted 10/9/2021
Dana Not yet submitted 10/9/2021
version of a component city into a highly urbanized city (Art. 12, Implementing Rules and Regulations, LGC) and
DONE
hahabulin rin hehe
Will habol mga mamsir
ons, LGC) and

II. PRIMARY LAW AND GENERAL PROVISIONS
C. RA 6734 (Organic Act of ARMM), as amended by RA 9054
1 TITLE
FACTS
PETITIONER'S CONTENTION
RESPONDENT'S CONTENTION
RTC / ADMIN BODY
CA / APPELLATE COURT
ISSUES:
RULINGS:
2 TITLE
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3 TITLE
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D. RA 6766 (Organic Act for Cordillera Administrative Region)

4 TITLE
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5 TITLE
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G. Local Government Unit Defined

6 TITLE
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H. Local Autonomy explained

7 TITLE
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8 TITLE
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9 TITLE
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J. Two fold Character of a Municipal Corporation and its Significance

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14 TITLE
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K. Is the Boy Scouts of the Philippines a Public Corporation?

15 TITLE
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L. What is Quasi Public Corporation

16 TITLE
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17 TITLE
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ISSUE
RULING
PROVISIONS
ARMM), as amended by RA 9054
Abbas v. COMELEC
Pursuant to issues,
Please see the constitutional
particularlymandate, R.A.
no. 2 (a-e). No. 6734
Those was
are the enacted asked
questions and signed
by theinto law on August
petitoners 1, the
assailing 1989.
constitutio
aforementioned law.
Please see the rulings, particularly no, 2 (a-e). In this case, the Supreme Court explains why the issues provided by
cannot be merited.
N/A
N/A
3. Whether or not certain provisions of R.A. No. 6734 conflict with the Tripoli Agreement.
Chiongbian v. Orbos, 245 SCRA 253
See PDF at the Drive.
Kida
Mondayv. Senate
of Mayof2013
the Philippines,
and recognized659 the
SCRA 270 – MR
President’s denied
power in Kida v.
to appoint Senate of the Philippines,
officers-in-charge 667 SCRA 200
(OICs) to temporarily assu
positions upon the expiration of the terms of the elected officials.
contentions. Finally, the petitioners in G.R. No. 197280 states their arguments. These assertions, contentions and a
summarized in thealong
Here in this case, issues
withbelow, the Court of
the provisions wastheasked to resolve.
Constitution, the legislative intent behind these provisions were d
careful readings and deliberation of framers/ law making body are discussed in the rulings below.
N/A
N/A
(f) No,
6. Does the appointment
there power granted
is no incompatibility betweentothe
thePresident’s
President exceed
power ofthe President’s
supervision supervisory
over powers over
local governments andautonomo
autonom
the power granted to the President, within the specific confines of RA No. 10153, to appoint OICs.
r Cordillera Administrative Region)

Ordillo v. COMELEC,
reiterating the COMELEC 192 resolution.
SCRA 100 Then, Congress enacted Republic Act No. 6861 setting the elections in the Co
Autonomous
offices to beRegion
still in of Ifugao.
force and effect until another organic law for the Autonomous Region shall have been enacted
and the same is duly ratified by the voters in the constituent units.
N/A
N/A
N/A
Whether or not the province of Ifugao, being the only province which voted favorably for the creation of the Cordiller
Region can,
deals with thealone,
issuelegally and validly
on whether constitute such
an autonomous Region.
region, in either Muslim Mindanao or Cordillera could exist despite
one province or one city is to constitute it.
Cordillera Broad Coalition v. COMELEC, 181 SCRA 495

Alvarez v. Guingona,
Municipality Jr., 252
of Santiago hasSCRA 695the minimum average annual income required under Section 450 of th
not met
Government Code of that
Petitioners contended 1991the
inMunicipality
order to beofconverted
Santiago into a component
has not city. average annual income required u
met the minimum
of the Local Government Code of 1991 in order to be converted into a component city.
Under the Philippine concept of local autonomy, the national government has not completely relinquished all its
Whether or not the Internal
local governments, Revenue
including Allotments
autonomous (IRAs)
regions. areadministrative
Only to be included in the computation
powers over localofaffairs
the average annual
are delegated
municipality for purposes
owned or -controlled
subdivisions. of its conversion
corporations".
The purpose into an independent component city,
of the delegation is to make governance more directly responsive and effective at the lo
turn, economic, political and social development at the smaller political units are expected to propel social and econ
development. But to enable the country to develop as a whole, the programs and policies effected locally must be in
coordinated towards a common national goal. Thus, policy-setting for the entire country still lies in the President and
Pimentel
Now,
Petitionersv. challenges
Aguirre,
autonomy 336
is either SCRA
before 201
decentralization
the of disbursement
Court the administrationoforpublic
decentralization of power.
funds and the There is decentralization
implementation of the CCTP whic
when
would have enhanced its delivery of basic services, results in the "recentralization" of basic governmentto
have the central
encroached government
into the local delegates
autonomy administrative
of the LGUs. powers to political subdivisions in order broadenw
functions,
government power and in the process to make local governments
to the precepts of local autonomy and the avowed policy of decentralization. more responsive and accountable and en
fullest development as self-reliant communities and make them more effective partners in the pursuit of na
development and social progress. At the same time, it relieves the central government of the burden of managin
enables it to concentrate on national concerns. The President exercises general supervision over them, but only to
affairs
WON THE are administered
P21 BILLIONaccording
CCTP BUDGETto law. He has no control
ALLOCATION UNDERover their
THE acts
DSWD in the senseGAA
IN THE thatFY
he 2011
can substitute
VIOLATES their
AR
his own.
ART. X, SEC. 3 OF THE 1987 CONSTITUTION IN RELATION TO SEC. 17 OF THE LOCAL GOVERNMENT COD
Decentralization of power, on the other hand, involves an abdication of political power in the favor of lgu de
autonomous. In that case, the autonomous government is free to chart its own destiny and shape its future with m
intervention from central authorities. According to a constitutional author, decentralization of power amounts to self-
in that event, the autonomous government becomes accountable not to the central authorities but to its constituenc
Indeed, a complete relinquishment of central government powers on the matter of providing basic facilities and serv
implied as the Local Government Code itself weighs against it. The national government is, thus, not precluded from
hand in the formulation and implementation of national development programs especially where it is implemented lo
coordination with the LGUs concerned
Every law has in its favor the presumption of constitutionality, and to justify its nullification, there must be a clear an
breach of the Constitution, not a doubtful and argumentative one. Petitioners have failed to discharge the burden of
invalidity of the provisions under the GAA of 2011. The allocation of a P21 billion budget for an intervention program
the national government itself but implemented in partnership with the local government units to achieve the commo
development and social progress can by no means be an encroachment upon the autonomy of local governments.
WHEREFORE, premises considered, the petition is hereby DISMISSED
Province of Batangas v. Romulo, 429 SCRA 736

then used in the GAA 2000 and GAA 2001 in the Internal Revenue Allotment for the allocation of the 5 Billion pesos
LGSED. The modification thereby constitutes an illegal amendment by the executive branch of a substantive law.
Congress from making such determination through appropriations laws
N/A
N/A
Whether or not the assailed provisos in the GAAs of 1999, 2000, and 2001, and the OCD resolutions infringe/encro
Constitutional
provisions are precept
based. on local autonomy and the LGC of 1991.
Sampiano
Section 286 v. Indar,
of the 608
LocalSCRA 597 in relation
Government Codeto(LGC):
P.D. 1741 dated October 31, 1980
OrderProvides for the automatic
of the Comelec is pending release of theOgka
resolution, sharefiled
of the local government
on October 11, 2004,unit from the
a special civilnational government.
action for Prohibition an
TRO and Preliminary Injunction with the RTC.
government. Sampiano prayed that respondent Judge be dismissed from judicial service for gross ignorance of the
of authority,
petitioner manifest
Ogka partiality
was left with noand serious acts
alternative of impropriety.
to protect his interest in the IRA and to prevent irreparable injury, he filed
petition
of withpetition,
the said the prayer
the for the issuance
PNB-Marawi of TRO and
(represented bypreliminary
Disomangcop injunction.
and Go) to hold or defer the release of the IRA
Municipality of Balabagan unless ordered otherwise by the court.
N/A
1. Whether or not Judge was motivated by bad faith or ill motives in rendering the assailed Order.
2.
or Whether or not the
to the propriety RTC
of the decision
issuance ofviolated
a TRO or of athe pertinent provision
preliminary injunction of the such
while Localrights
Government
are still Code.
being determined.
Pimentel, Jr. v. Ochoa, 676 SCRA 551
See PDF in the Drive.
Villafuerte, Jr. v. Robredo, 744 SCRA 534
Sangguniang Panlalawigan
shall be titled under of Bataan
that name. v. Garcia,
As such, Jr., 804
Cong. Garcia SCRA 629
requested the transfer of the title of the lots to BPSC, but no
effected. Respondents then filed for Special Civl Action for Mandamus with the RTC.
its territorial and political subdivisions, found in Article X of the 1987 Constitution (formerly Article XI, 1973 Constitut
fleshed out in a landmark legislation,
• The respondents requested for the transfer of the title of the subject lots from the Province of Bataan to BPSC bas
but no transfer was effected.
The RTC granted the writ of mandamus
failed to provide proof that the Province of Bataan acquired them with its own private or corporate funds, and for thi
must be presumed
Whether or not the to belong
subject to are
lots the patrimonial
State. properties of the Province of Bataan which cannot be taken without d
law and without just compensation
dominion when it is "intended for some public service or for the development of the national wealth."
Municipal Corporation and its Significance

Veterans Federation
this department of the appreciate
can better Philippinesthe
v. Reyes, 483responsibilities
functions, SCRA 526 and situation on the ground and this can be don
a thorough study of the organization."
Petitioner claims that it is not a public nor a governmental entity but a private organization, and advances this claim
issuance
appreciateofthe
DND Department
functions, Circular No.
responsibilities 04situation
and is an invalid exercise
on the groundofand
respondent Secretary’s
this can be control and supervisio
done by undertaking a thoroug
organization."
and for all direct its resources to its rightful beneficiaries all over the country. All these said, Enbanc hereby resolve
course to this petition)
N/A
Whether or not Veterans Federation of the Philippines is a private organization in relation to the question whether o
Department Circular
WHEREFORE, No. 04 is
the Petition is hereby
valid. DISMISSED for lack of merit. The validity of the Department of National Defen
Circular No. 04 is AFFIRMED.
Fontanilla
government v. tasked
Maliaman,
with194 SCRA 486functions, and is therefore not liable for the tortious act of its driver Hugo Ga
governmental
its special agent
Petitioners are entitled to an award of attorney's fees, the amount of which (20%) had been sufficiently established
May 23, 1979
government tasked with governmental functions, and is therefore not liable for the tortious act of its driver Hugo Ga
its
Thespecial agenrendered judgment on March 20, 1980 which directed respondent National Irrigation Administration to
trial court
(death benefits) and actual expenses to petitioners
Instead
Whetheroforfiling the award
not the required
of brief
moralindamages,
the aforecited Court of
exemplary Appealsand
damages case, petitioners
attorney's feesfiled the instant
is legally properpetition with th
in a complai
based on quasi-delict which resulted in the death of the son of herein petitioners (YES)
Indubitably, the NIA is a government corporation with juridical personality and not a mere agency of the governmen
corporate body performing non-governmental functions, it now becomes liable for the damage caused by the accide
Philippines a Public Corporation?
Boy Scouts of the
the Philippines andPhilippines v. Commission
executive secretaries, withonthe
Audit, 651 SCRA
exception of the146
Secretary of Education, as members thereof; an
appointment and confirmation power of the President of the Philippines, as Chief Scout, over the members of the sa
BSP alleges that the ruling in the case of Boy Scouts of the Philippines vs. National Labor Relations Commission, e
80767) classified BSP as a government-controlled corporation is anchored on the "substantial Government
the National Executive Board of the BSP. The said case was decided when the BSP Charter is defined by Comm
111 as amended by Presidential Decree 460.
Unlike ordinary public corporations, such as provinces, cities, and municipalities, or government-owned and control
such as Land Bank of the Philippines and the Development Bank of the Philippines, the assets and funds of BSP
from any government grant. For its operations, BSP is not dependent in any way on any government appropriatio
fact, it has not even been included in any appropriations for the government. To be sure, COA has not alleged
No. 99-011 or in the Memorandum of its General Counsel, that BSP received, receives or continues to receive asse
any agency of the government.
3. Republic Act No. 7278 did not change the character of the BSP as a government-owned or controlled cor
government instrumentality
N/A
N/A
Whether or not the BSP falls under the COA’s audit jurisdiction.
Yes, the Court find that the BSP is a public corporation and its funds are subject to the COA’s audit jurisdiction. The
created the BSP as a “public corporation” to serve the following public interest or purpose: xxx to promote through o
cooperation with other agencies, the ability of boys to do useful things for themselves and others, to train them in sc
inculcate in them patriotism, civic consciousness and responsibility, courage, self-reliance, discipline and kindred vi
values, using the method which are in common use by boy scouts.
The purpose of the BSP as stated in its amended charter shows that it was created in order to implement a State p
Article II, Section 13 of the Constitution. The BSP, which was created by a special law to serve a public purpos
constitutional mandate, comes within the class of “public corporations” defined by paragraph 2, Article 44 of
and governed by the law which creates it, pursuant to Article 45 of the same Code.
The Constitution emphatically prohibits the creation of private corporations except by a general law applicable to all
purpose of this constitutional provision is to ban private corporations created by special charters, which historically g
individuals, families or groups special privileges denied to other citizens.
The BSP is a public corporation or a government agency or instrumentality with juridical personality, which does no
constitutional prohibition in Article XII, Section 16, notwithstanding the amendments to its charter. Not all corporatio
government owned or controlled, are ipso facto to be considered private corporations as there exist another distinct
corporations or chartered institutions which are otherwise known as “public corporations.” These corporations are tr
agencies or instrumentalities of the government which are not subject to the test of ownership or control and econo
different criteria relating to their public purposes/interests or constitutional policies and objectives and their administ
to the government or any of its Departments or Offices.
Philippine Society for the Prevention of Cruelty to Animals v. Commission on Audit, 534 SCRA 112
Marilao Water
and efficient Consumers
service to the Association,
community. The Inc. RTC
v. IAC, 201 SCRA
dismissed the petition and the Court take the position of the respo
has the exclusive and original jurisdiction over the case. The
efficient service to the community, but this notwithstanding, the CAconsumers
affirmed the RTC
were decision.
being billed in full and threatened w
for failure to pay bills on time; in fact, one of the consumers who complained had his water service cut off;
The Court is more inclined to take the position of the respondents that the Securities and Exchange Commission ha
and original jurisdiction
CA affirmed over this
the controversy falls case.
within the competence of the SEC," in virtue of P.D. 902-A 18 which provides that
"shall have original and exclusive jurisdiction to hear and decide cases
Whether
enumeratedor not the SEC has jurisdiction over the dissolution of the Marilao Water District (No)
pre-requisites.
integrity of the Republic of the Philippines."
an imperium in imperia, the local government unit is autonomous in the sense that it
is given more powers, authority, responsibilities and resources.
national taxes which shall be automatically released to them.
property of the public domain, exercised through Congress.
a special governmental task, it is acting through a special agent within the meaning
of the provision. (Torts and Damages, Sangco, p. 347, 1984 Ed.)
III. CREATION AND ABOLITION OF MUNICIPAL CORPORATIONS
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OF MUNICIPAL CORPORATIONS
Pelaez v.of
for a writ Auditor General,
prohibition with 15 SCRA 569
preliminary (Creatingagainst
injunction, 33 municipalities)
the Auditor General, to restrain him, as well as his repres
expenditure of public funds in implementation of said executive
Petitioner alleges that said executive orders are null and void, upon orders
theand/or
groundany disbursement
that said Sectionby
68said
has municipaliti
been implie
constitutes an undue delegation of legislative power.
The Government argued that it was not, invoking the earlier case of Cardona v. Binangonan (36 Phil. 547), where th
territory from one municipality to another was sustained.
N/A
N/A
1. WON EO 93 to 121, 124 and 125 to 129, creating 33 municipalities, are constitutional
2. WON Section
President 68 of the Revised Administrative Code is constitutional
of the Philippines.
Camid
opined v. Office
that of the of
the nullity President, 448 SCRA
the issuances 711consequence of the enactment of the 1935 Constitution, which redu
was the
governments
Camid imputes grave abuse of discretion on the part of the DILG "in not classifying [Andong] as a regular existing m
municipality
DILG does not in its records[Andong]
classified and official
as database
a regular as [an] existing
existing regular
municipality andmunicipality."
in not included said municipality in its recor
municipality.
N/A
N/A
3. What now of Andong and its residents?
1. Yes, it was not modified by supervening events consisting of subsequent laws and jurisprudence. Hence, there is still a
Tan v. COMELEC,
respondents 142that
maintain SCRA 727
Batas (CREATION
Pambansa Blg.OF885PROVINCE OF NEGROS
does not violate DEL NORTE)
the Constitution, invoking and citing the case
Honorable Executive Secretary to the President, et al
In the language of petitioners, "to create Negros del Norte, the existing territory and political subdivision known as N
dismembered. Whatthe
as a result thereof, was involved wascertificate
corresponding no 'birth' but "amputation.
of canvass indicated that out of 195,134 total votes cast in said ple
Negros del Norte and 30,400 were against it; and because "the affirmative votes cast represented a majority of the
WON BP 885 is Batas

WHEREFORE, unconstitutional? (YES)
Pambansa Blg. 885 is hereby declared unconstitutional. The proclamation of the new provinc
appointment of the officials thereof are also declared null and void.
Paredes v.in
votes cast Executive Secretary,
a plebiscite 128orSCRA
in the unit 6
units affected" (Art. XI. Sec. 3), states in Section 3 thereof that a plebiscite be
proposed new Municipality of Aguinaldo. Accordingly, the other barangays of the Municipality of Mayoyao were exc
Petitioners contended that all the inhabitants of such municipality should participate in such plebiscite as they are in
government, without any diminution whatsoever of their rights. There is therefore no infringement of the Constitution
plebiscite.
Whether
being for or not allunits.
smaller inhabitants
To ruleofasMayoyao municipality
this Tribunal befollow
does is to included in the plebiscite?
an accepted principle(No)
of constitutional construction,
provision that may give rise to doubts, the intent of the framers and of the people may be gleaned from provisions in
Mun. of Candijay, Bohol v. CA, 251 SCRA 530

This is a petition
personality, as a for review
result on certiorari
of having of the Decision
been created of the
under a void Court of order,
executive Appealsandreversing the challenged
(iii) that the decision of RTC.
Decision "d
throws them back again to their controversy."
See CA, it isof
municipality the respondent.
Alicia "to respect plaintiff's control, possession and political supervision of barangay Pagahat and ne
and ownership over the
originated is not mentioned sameas barrio"
one of the barrios constituted as part of defendant-appellant Municipality of Alicia. Ne
part of plaintiff-appellant Municipality of Candijay."
WON
the codeMun. of Candijay
shall henceforth is be
correct in its allegations.
considered as regular municipalities. Lastly, Sec. 442 (d) is therefore a curative law in
municipal corporation should have been done before the LGC was enacted in 1991. WHEREFORE, the instant peti
Mun. of Jimenez
existence v. Baz,by
of Sinacaban Jr.,entering
265 SCRAinto 182
an agreement with it concerning their common boundary; and that any que
been rendered moot by §442 (d) of the Local
enumerated in E.O. No. 258 and that in any event Government Code
in 1950 the of 1991
parties (R.A. into
entered No. an
7160)
agreement whereby the baran
territory of Jimenez
The RTC, inter alia, held that Sinacaban is a de facto corporation since it had completely organized itself even prior
powers for forty years before the existence was questioned
W/N Sinacaban has legal personality to file a claim

The principal basis for the view that Sinacaban was not validly created as a municipal corporation is the ruling in Pe
municipal corporations is essentially a legislative matter and therefore the President was without power to create by
The ruling in this case has been reiterated in a number of cases 9 later decided. However, we have since held that
executive order is later impliedly recognized and its acts are accorded legal validity, its creation can no longer be qu
In Municipality of San Narciso, Quezon v. Mendez, Sr., 10 this Court considered the following factors as having vali
which, like the Municipality of Sinacaban, was created by executive order of the President before the ruling in Pelae
(1) the fact that for nearly 30 years the validity of the creation of the municipality had never been challenged;
(2) the fact that following the ruling in Pelaez no quo warranto suit was filed to question the validity of the executive
(3) the fact that the municipality was later classified as a fifth class municipality, organized as part of a municipal cir
district in the Constitution apportioning the seats in the House of Representatives.
Above all, it was held that whatever doubt there might be as to the de jure character of the municipality must be dee
Government Code of 1991 (R.A. No. 7160), §442(d) of which provides that "municipal districts organized pursuant t
and which have their respective sets of elective officials holding office at the time of the effectivity of this Code shall
municipalities."
Here, the same factors are present so as to confer on Sinacaban the status of at least a de facto municipal corpora
been recognized and acquiesced publicly and officially. Sinacaban had been in existence for sixteen years when Pe
December 24, 1965. Yet the validity of E.O. No. 258 creating it had never been questioned. Created in 1949, it was
questioned and only because it had laid claim to an area that apparently is desired for its revenue. This fact must be
the Rules of Court, a quo warranto suit against a corporation for forfeiture of its charter must be commenced within
of was done or committed. On the contrary, the State and even the Municipality of Jimenez itself have recognized S
Administrative Order No. 33 dated June 13, 1978 of this Court, as reiterated by §31 of the Judiciary Reorganization
constituted part of a municipal circuit for purposes of the establishment of Municipal Circuit Trial Courts in the count
Sinacaban in 1950 by entering into an agreement with it regarding their common boundary. The agreement was em
Board of Misamis Occidental.
Indeed Sinacaban has attained de jure status by virtue of the Ordinance appended to the 1987 Constitution, apport
country, which considered Sinacaban part of the Second District of Misamis Occidental. Moreover, following the rul
Mendez, Sr., §442(d) of the Local Government Code of 1991 must be deemed to have cured any defect in the crea
WHEREFORE, the petition is DENIED and the decisionof the Regional Trial Court of Oroquieta City, Branch 14 is A
Mendenilla
Legaspi is tov.be
Onandia, 5 SCRA
appointed by the536
President. Therefore, when Jose Manuel Onandia was appointed by the Presiden
legality of such a move, claiming that his position
Petitioner assails the validity of respondent's as chief of
appointment aspolice
Chief was not abolished
of Police of the Citywhen Legaspi
of Legaspi wasimpliedly,
and, convertedqu
Police.
Respondent asserts that he was the rightful person in the position of Chief of Police in the City of Legaspi.
Declared respondent Jose Manuel Onandia as the lawful and rightful holder of the office of Chief of Police of Legas
N/A
Whether
Applying or
thenot the termination
principle of Mendenilla
of "expressio unius, estas Chief of
exclusio Police valid
alterius" when Legaspi
in statutory was converted
construction, from
all municipal municipality
offices includ
municipality of Legaspi not included in the above-excepted offices were deemed abolished.
Cawaling v.
Petitioner COMELEC,
challenges the368 SCRA 453 of Republic Act No. 8806 which created the City of Sorsogon, and the vali
constitutionality
thereto
its Section 54.
(3) The COMELEC asserts that it scheduled the plebiscite on December 16, 2000 based on the date of the effectivi
(3) whether or not the plebiscite conducted by the COMELEC for the ratification of the creation of Sorsogon City is
the same subject should be read together and reconciled to avoid inconsistency or repugnancy to established jurisp
Central
On August Barrio
29, v. City the
1962, Treasurer
City of of Davao,
Davao 23 SCRA
passed 6
Resolution No. 732 declaring as officially and legally existing, pursua
the city. Among these were barrios Agdao, Bucana and Poblacion.
prayed that the court order payment to petitioner by respondents of its 10% share in realty taxes as provided by Re
barrios
applies Agdao
only to and Bucana,
barrios and prohibitand
in municipalities themunicipal
Auditor from approving
districts, not toexpenditures outand
those in cities; of its 10%
that theshare.
alleged expenditur
10% share allocated for barrios.
passage of Republic Act 4354, on June 19, 1965, amending the Charter of Davao City. Petitioner, having failed in it
appeal.
N/A
WON At issue the dismissal order is correct.
WHEREFORE, the appealed order of dismissal is hereby affirmed
Department of Agrarian Reform v. Sarangani Agricultural Co. Inc., 512 SCRA 467
The DAR affirmed the decision. However, upon appeal to the Court of Appeals, the decision was reversed and the
expired, is AFFIRMED; and the Orders of the DAR dated November 9, 2000 and August 28, 2002, directing the MA
distribution of the banana and coconut areas subject of the June 16, 1998 Notice of Coverage, are REINSTATED.
League of Cities of the Philippines v. Commission on Elections, 571 SCRA 263, 608 SCRA 636, 628 SCRA 819
Cagas
COMELEC v. Commission on Elections
En Banc. Bautista 708 SCRA
countered 672
that the (Electoral
assailed protest
orders, at Davao)
being merely interlocutory, could not be elevated
First Division issued an order denying Cagas‘ motion for reconsideration, prompting him to file a petition for certiora
The petitioner averred as his special affirmative defenses that Bautista did not make the requisite cash deposit on t
specification of the acts or omissions complained of.
N/A
The COMELEC First Division denied the special affirmative defences.
N/A
WON the Supreme Court have the power to review on certiorari an interlocutory order issued by a Division of the C
No. Although Section 7, Article IX of the 1987 Constitution confers on the Court the power to review any decision, o
power to a final decision or resolution of the COMELEC en banc, and does not extend to an interlocutory order issu
stated, the Court has no power to review on certiorari an interlocutory order or even a final resolution issued by a D
There is no question, therefore, that the Court has no jurisdiction to take cognizance of the petition for certiorari ass
Division of the special affirmative defenses of the petitioner. The proper remedy is for the petitioner to wait for the C
protest on its merits, and if the result should aggrieve him, to appeal the denial of his special affirmative defenses to
errors committed by the Division upon the merits.
It is true that there may be an exception to the general rule, which is when an interlocutory order of a Division of the
jurisdiction or with grave abuse of discretion, as the Court conceded in Kho v. Commission on Elections. However,
because the COMELEC First Division had the competence to determine the lack of detailed specifications of the ac
Rule 6, Section 7 of COMELEC Resolution No. 8804, and whether such lack called for the outright dismissal of the
SECTION 68, Revised Administrative Code of 1917. General authority of (Governor-
General) President of the Philippines to fix boundaries and make new subdivisions.
Article XI, Section 3 of the Constitution. No province, city, municipality or barrio

may be created, divided, merged abolished, or its boundary substantially altered,
The only offices expressly excepted from said abolitions were those mentioned in
Section 96, Article XVII of the charter, which reads:

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PUBLIC CORPORATION

Angelu Submitted 9/25/2021

Dana Submitted 9/25/2021

Sittie Submitted 9/25/2021

Brian Submitted 9/25/2021

Angelu Submitted 9/25/2021

Dana Submitted 9/25/2021

Quennie Not yet submitted 9/25/2021

Dana Submitted 10/9/2021

ons, LGC) and

D. RA 6766 (Organic Act for Cordillera Administrative Region)

G. Local Government Unit Defined

H. Local Autonomy explained

J. Two fold Character of a Municipal Corporation and its Significance

K. Is the Boy Scouts of the Philippines a Public Corporation?

L. What is Quasi Public Corporation

Chiongbian v. Orbos, 245 SCRA 253

See PDF at the Drive.

r Cordillera Administrative Region)

Cordillera Broad Coalition v. COMELEC, 181 SCRA 495

WHEREFORE, premises considered, the petition is hereby DISMISSED

Province of Batangas v. Romulo, 429 SCRA 736

Pimentel, Jr. v. Ochoa, 676 SCRA 551

See PDF in the Drive.

Villafuerte, Jr. v. Robredo, 744 SCRA 534

Municipal Corporation and its Significance

WON BP 885 is Batas

Mun. of Candijay, Bohol v. CA, 251 SCRA 530

W/N Sinacaban has legal personality to file a claim

Article XI, Section 3 of the Constitution. No province, city, municipality or barrio

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