Garcia, Jemimah Grace N.

/ 2005-05067

VILAS vs. CITY OF MANILA (supra) FACTS Vilas is a creditor of the City of Manila as it existed before the cession of the Philippine Islands to the United States by the Treaty of Paris. Upon the theory that the city is the same juristic person and liable upon the obligations of the old city, Vilas seeks to make the present City of Manila liable for the said debt. The Supreme Court of the Philippine Islands held that the present municipality is a totally different corporate entity and therefore is not liable for such debt. ISSUE WON the present City of Manila is liable for the municipal obligations contracted before the cession? HELD Yes. RATIONALE The present City of Manila, chartered by the Philippine Commission, with almost the same municipal attributes, territorial extension and population that it had as the municipality of Manila under the Spanish regime, is liable for the municipal obligations contracted before the cession of the Philippine Islands to the United States. Municipal Corporations have a dual character ± they exercise powers which are governmental and powers which are of a private or business character. As a governmental subdivision, the municipal corporation exercises by delegation a part of the sovereignty of the State. As a proprietary subdivision, it is a mere legal entity or juristic person; it stands for the community in the administration of local affairs whilly beyond the sphere of the public purposes for which its governmental powers are conferred. In view of the dual character of municipal corporations, there is no public reason for presuming their total dissolution as a mere consequence of military occupation or territorial cession. As to the governmental functions of the municipal corporation, their suspension may be presumed in light of their incompatibility with the new political relations. But as to the laws of municipal character, which regulate private and domestic rights, they continue in force until abrogated or changed by the new ruler. The Treaty of Paris provided that the property and property rights of municipal corporations were protected and safeguarded precisely as were the property and property rights of individuals. the significance of such stipulation against the impairment of the property rights of municipal corporations is that the cession did not operate as an extinction or dissolution of corporations.

Padilla vs. COMELEC

Only 2. it must involve all the units affected.Garcia. Jemimah Grace N.It stands to reason that when the law states that the plebiscite shall be conducted ³in the political units directly affected.´ it means that residents of the political entity who would be economically dislocated by the separation have a right to vote. The Plebiscite Board of Canvassers declared the rejection and disapproval of the proposed municipality after the turn-out./ 2005-05067 FACTS The Municipality of Tulay-na-Lupa in Camarines Norte was to be created pursuant to RA 7155 (composed of 12 barangays in the Municipality of Labo) subject to the approval by a majority of votes cast pursuant to Article 10. He files an action to set aside said plebiscite and to undertake a new one.´ it means that residents of the political entity who would be economically dislocated by the separation of a portion thereof have a right to vote in said plebiscite. Art XI of the 1973 Constitution is untenable. Governor Padilla argues that the plebiscite should have been conducted only in the 12 barangays of the municipality.890 favored the creation of the new municipality while 3. the deletion of the said words was done precisely because in the plebiscite to be conducted.439 voted against it. When the law states that the plebiscite shall be conducted ³in the political units directly affected. . Section 10 of the Constitution has deleted the words ³unit or´ in Section 3. ISSUE WON the term ³political units directly affected´ as enunciated in Section 10 of the Local Government Code only comprises those areas in the proposed LGU and not those from the mother LGU HELD NO. ATIONALE a Padilla¶s contention that Art X. As explained by CONCOM Commissioner Davide during the 1986 CONCOM debates. Section 10 of the 1987 Constitution and Section 10 the Local Government Code. The phrase ³political units directly affected´ contemplates the plurality of political units which would participate in the exercise.

The ruling in the case of Paredes v. Hon. 3. Therefore. Constitution: ³No province. The other affected entity would be composed of those in the area subtracted from the mother province to constitute the proposed province of Negro del Norte. a plebiscite for creating a new province should include the participation of the residents of the mother province for the plebiscite to conform to the constitutional requirements. city. RATIONALE Sec./ 2005-05067 Tan vs. COMELEC FACTS Petitioners are residents of the Province of Negros Occidental. includes both the voters in the parent province and in the new province. divided. particularly in Art 11.´ It can be plainly seen that the aforecited constitutional provision makes it imperative that there be first obtained ³the approval of a majority of votes in the plebiscite in the unit or units affected´ whenever a province is created. Jemimah Grace N.Garcia. the Honorable Executive Secretary which supports their argument that the remaining cities and municipalities of the [parent province] not included in the area of the new province do not fall within the meaning and scope of the term ³unit or units affected´ as referred to in the pertinent Constitutional provision. municipality or barrio may be created. They contend that Batas Pambansa 885 unconstitutional because it contravenes the plebiscite requirement mandated by the Constitution. Art 11. respondent invokes the ruling in Paredes v. ISSUE WON the term ³unit or units affected´. It is thus inescapable to conclude that the boundaries of the existing province of Negro Occidental would necessarily be substantially altered by the division of its existing boundaries in order that there can be created the proposed new province of Negros del Norte. 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. Plain and simple logic will demonstrate that the two political units would be affected. divided or merged and there is substantial alteration of the boundaries. HELD Yes. merged. The first would be the parent province of Negros Occidental because its boundaries would be substantially altered. for the purpose of conducting a plebiscite. The term includes both the parent province and the new province as they stand to be affected in the creation of the new province. binding precedent where the SC is not sure of itself and the decision itself says that that case gives considerable leeway for the Court to exercise its discretion in resolving the issue of WON residents of a mother barangay should participate in the plebiscite to create a new barangay. . Executive Secretary is not a doctrinal. Section 3. They filed with the Court a case for Prohibition for the purpose of stopping respondent Comelec from conducting the plebiscite which was then scheduled for pursuant to the Act. In defense.

X of the Constitution. or substantial alteration of boundaries of LGUs. They also contend that RA 8528 merely reclassified Santiago City from an independent component city to a component city. The creation. abolition or substantial alteration of boundaries involve a common denominator ± material change in the political and economic rights of the LGUs directly affected as well as the people therein. these include: (1) the independence of the city as a political unit will be diminished. (2) the city mayor will now be placed under the administrative supervision of the provincial governor whereas before before he was under the supervision of the Office of the President. converted the city of Santiago from an independent component city to a component city. sangunnian panlalawigan and other elective provincial positions and that such qualified voter be allowed to become a candidate for such provincial positions and any elective provincial office. abolished. Art. X of the Constitution requires a plebiscite. The exercise of the power must be in accord with the mandate of the Constitution. RA 8528. ISSUES & ARGUMENTS WON RA 8258 is unconstitutional on the ground that it lacks a provision requiring a plebiscite? HELD Yes. RA 8528 provided that (1) the words ³an independent´ be deleted so that the amended section will read ³The Municipality of Santiago shall be converted into a component city«´ and (2) Sec. abolition. RA 7720 was the law converting the municipality of Santiago into an independent component city to be known as the city of Santiago. and this provision is reiterated in the LGC. (3) the . It is an instance of direct democracy of the people and not democracy thru people¶s representatives. division. division. RATIONALE Sec. merger. abolition or substantial alteration of boundaries of municipalities per Sec./ 2005-05067 Miranda vs. 10. dividing. Petitioners now assail the constitutionality of RA 8528 on the ground of the lack of provision in said law submitting it for ratification by the people of Santiago City in a proper plebiscite. Aguirre FACTS RA 8528 entitled ³An Act Amending Certain Sections of RA 7720´ was enacted in 1998 amending RA 7720. division. 10 of Art. merger. on the other hand. It is precisely for this reason that the Constitution requires the approval of the people ³in the political units directly affected. There are many substantial changes that will result from the downgrading. X addressed the undesirable practice in the past whereby LGUs were created. divide. merger. Jemimah Grace N. which law was enacted in 1994. 51 of RA 7720 be deleted and in its stead be placed a section providing that the voters of Santiago be qualified to vote in the elections of the governor. abolishing. abolish or substantially alter boundaries of LGUs belongs to Congress. merging or altering the boundaries of LGUs.Garcia.´ Sec. the consent of the people of the LGU directly affected was required to serve as a checking mechanism to any exercise of legislative power creating. Respondents argued that a plebiscite is unnecessary because RA 8528 did not involve any creation. vice-governor. merge. 10 of Art. merged or divided on the basis of vagaries of politics and not of the welfare of the people. Thus. The resolution of the issue depends on WON the downgrading of Santiago City falls within the meaning of creation. The power to create.

Garcia. The Court finds that the people of Santiago were aware that they gave up that privilege when they voted to be independent from the province of Isabela. even if the amendment merely caused a transition. the grant to the voters of those cities of the power to vote in provincial elections was consistent with its status as a component city. Answer to Justice Buena¶s dissent: Justice Buena argues that the Congress has the power to amend the charter of Santiago City and that the amendment merely caused a transition in the status of Santiago as a city as no new city was created nor a former one dissolved by RA 8528. the majority says that the Congressional power to amend a law is limited by the Constitution which mandates a plebiscite. (4) taxes that will be collected by the city will now have to be shared with the province. In those cases. The criteria are designed to achieve an economic purpose while the plebiscite is required to achieve a political purpose ± to use the people¶s voice as a check against the pernicious political practice of gerrymandering. The Court finds that the reason given for the downgrading which is ti enable the peple of the city to aspire for the leadership of the province is unconvincing. Answer to Justice Mendoza¶s dissent: Justice Mendoza argues that ³only if the classification involves changes in income. so long as they result in material change in the LGU directly affected. 10. X of the Constitution. The 2 conditions have different purposes. In answer. When the city was upgraded from a municipality to an independent component city. the fact remains that such transition will radically change the city¶s physical and political configuration as well as the rights and responsibilities of its people. Art. The Constitution imposes 2 conditions ± that the criteria fixed by the LGC be met and that a plebiscite be had. thus.´ The majority answers that such an interpretation is contrary to the letter and spirit of Sec. it required the approval of its people thru a plebiscite. and land area of the LGU is there a need for such changes to be approved by the people x x x. Art. 10. The criteria/requirements under the LGC are imposed to help assure the economic viability of the LGU and were not imposed to determine the necessity for a plebiscite of the people. Also. especially a change in the political and economic rights of its people. The petitioners also noted that the downgrade will benefit the province since the territorial land area of Santiago will be added to the land area of the province of Isabela thereby increasing the latter¶s share from the IRA (IRA is based on land area and population of LGUs). There is more reason to consult the people when a law substantially diminishes their right. X calls for the people of the LGU directly affected to vote in a plebiscite whenever there is a material change in their rights and responsibilities. population. The cases cited by both Justices Mendoza and Buena showings instances when allegedly independent component cities were downgraded into component cities without need of a plebiscites do not hold. whether upward or downward in character. . Jemimah Grace N. The IRR of the LGC provides that a plebiscite is required in case of all conversions. that the registered voters of Santiago will vote for and can be voted as provincial officials. There is no reason why this plebiscite should not be called to determine the will of the people of Santiago City upon the city¶s downgrading. The spirit of Sec./ 2005-05067 resolutions and ordinances of the city council of Santiago will have to be reviewed by the Provincial Board. the cities involved were chartered but were not independent component cities.

the title of R. 5(1) of the Constitution. By dividing San Juan/Mandaluyong. Sec. 7675. The Constitution clearly provides that the House of Representatives shall be composed of not more than 250 members. the inhabitants of San Juan were properly excluded from the said plebiscite as they had nothing to do with the change of status of neighboring Mandaluyong. it is not." which is the practice of creating legislative districts to favor a particular candidate or party. is the incumbent representative of the former San Juan/Mandaluyong district. is not worthy of credence. the creation of a separate congressional district for Mandaluyong is not a subject separate and distinct from the subject of its conversion into a highly urbanized city but is a natural and logical consequence of its conversion into a highly urbanized city. Abalos Facts: Invoking their rights as taxpayers and as residents of Mandaluyong. The contention is bereft of merit since the principal subject involved in the plebiscite was the conversion of Mandaluyong into a highly urbanized city. Similarly." The inescapable import of the latter clause is that the present composition of Congress may be increased. No. Petitioners also argue that the division of San Juan and Mandaluyong into separate congressional districts under Section 49 of the assailed law has resulted in an increase in the composition of the House of Representatives beyond that provided in Article VI. Ronaldo Zamora. No.A. Verily. . otherwise known as "An Act Converting the Municipality of Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong" for violating the "one subject-one bill" rule. Section 26(1) of the Constitution. No. which development could hardly be considered as favorable to him.A. Petitioners contend that the people of San Juan should have been made to participate in the plebiscite on R. 5(1) shows that the present limit of 250 members is not absolute. 7675 is unconstitutional Held: No. if Congress itself so mandates through a legislative enactment./ 2005-05067 Tobias vs. herein petitioners assail the constitutionality of Republic Act No. a reading of Article VI. "unless otherwise provided by law.Garcia. 7675. 7675. namely: (1) the conversion of Mandaluyong into a highly urbanized city. Contrary to petitioners' assertion. 7675 as the same involved a change in their legislative district. as enunciated in Article VI. Zamora's constituency has in fact been diminished. Sec. Thus. having consistently won in both localities. the author of the assailed law. It should be noted that Rep. No. Rep. and (2) the division of the congressional district of San Juan/Mandaluyong into two separate districts. petitioners' additional argument that the subject law has resulted in "gerrymandering. Petitioners allege that the inclusion of the assailed Section 49 in the subject law resulted in the latter embracing two principal subjects. The Supreme Court ruled that the statutory conversion of Mandaluyong into a highly urbanized city with a population of not less than two hundred fifty thousand indubitably ordains compliance with the "one city-one representative" proviso in the Constitution. Jemimah Grace N. As to the contention that the assailed law violates the present limit on the number of representatives as set forth in the Constitution.A. Petitioners contend that the second aforestated subject is not germane to the subject matter of R.A. The matter of separate district representation was only ancillary thereto. "An Act Converting the Municipality of Mandaluyong Into a Highly Urbanized City of Mandaluyong" necessarily includes and contemplates the subject treated under Section 49 regarding the creation of a separate congressional district for Mandaluyong. Issue: Whether R.

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