PUBCORP CASES

CASE FACTS ISSUE HELD

MMDA vs. Bel Air Village MMDA = government agency W/N MMDA has the right to order the NO!
Association charged with delivery of basic opening of Neptune and cause the MMDA has no power to enact
services in Metro Manila demolition of its perimeter walls ordinances
NEPTUNE STREET Bel Air village = registered owner Only LGUs have legislative and
of Neptune street police power
Private Residential subdivision Sangguniang Panlunsod of
Request to open Neptune street Makati did not pass any
to public traffic ordinance or resolution
Kalayaan Avenue Perimeter wall MMDA = limited powers only
demolished
Injunction ! TRO ! Denied
Injunction
CA = MMDA has no authority to
order opening of Neptune Street
Ganzon vs. CA Ganzon = mayor of Iloilo city W/N the Secretary of LG, as the YES!
10 complaints filed against him presidents alter ego, can suspend Supervision is not incompatible
SUSPENSION misconduct & misfeasance and/or remove local officials with disciplinary authority
Secretary of LG (Luis Santos) Suspension by Sec of LG (as
issued 3 successive 60 day alter ego of President) = valid
suspension exercise of power
Ganzon filed petition for BUT overstepped imposing 600
prohibition to CA ! CA affirmed days suspension
suspension order TRO = lifted ; Petitioner allowed
Contends that Consti does not to re-assume office as Mayor of
authorize the Pres. Or his alter Iloilo
egos o suspend or remove local
officials ! Consti supports local **Control vs. Supervision
autonomy and strengthens the 1) Control - means the power of an
same ! supervisory power of officer to alter or modify or nullify
president of set aside what a subordinate
officer had done to substitute the
judgment of the former for that of
the latter
2) Supervision - overseeing or the
power or authority of an officer to
see that subordinate officers
perform their duties. If the latter
fail or neglect to fulfill them the
former may take such action or
step as prescribed by law to
make them perform their duties.

Michelle Duguil, SBCA

Province of Batangas vs. Romulo 1998 President Estrada issued W/N the assailed provisos of GAAs YES!
EO 48 Program for Devolution 1999, 2000, 2001 and the OCD resos Provisos and OCD resos =
DONT TOUCH MY FUNDS and Equalization infringe consti and LGC of 1991 withholds portion of the Internal
o Enhance capabilities of Revenue Allotment (IRA)
LGUs Encroach on the fiscal autonomy
Oversight committee under Exec enjoyed by the LGUs
Sec Zamora passed certain Art 2 Sect 25 State shall
resolutions guidelines which ensure the local autonomy of
required LGUs to identify and governments
submit projects eligible for Power of supervision only;
funding to the DILG for appraisal excludes power to control
before committee serves notice to Art 10 Sect 6 just share
DBM for release of funds should be automatically released
Governore Mandanas (Batangas) without need of further action
! petitioned to declare unconsti o LGSEF is part of IRA or
certain provs of General just share of LGU
Approriation acts 1999, 2000 and Exception to mandatory release is
2001 if IR collection is less than 40% of
o Earmarked 5M for each rd
collection of 3 preceding fiscal
year (IRA) for the year X apply
LGSEF Congress cannot include in a
o Imposed cond for general appropriations bill matters
release that should be more properly
enacted in a separate legislation
Mathay vs. CA Nov 1972 PD 51 Created Civil W/N decision of the CSC NO!
Service Unit in cities commissioner is correct Ordinance = invalid = provided
CIVIL SERVICE UNIT Mayor Simon (QC) appointed automatic absorption of the QC-
officers in the QC-CSU CSU pers. To QC-DPOS !
Ordinance in QC was passed divested Mayor of power to
automatic absorption of QC-CSU choose as to who should fill the
to QC dept of order and safety office
(QC-DPOS) Power to appoint is vested in the
Next mayor! = Mathay ! local chief executive (mayor)
determined that PD 51 = never Local sanngunian is limited to
law = never published creating, consolidating and
Mathay did not renew contracts of reorganizing city officers and
the QC-CSU personnel = x positions ! City council has no
reappointed to QC-DPOS power to appoint
Mathay was sued by QC-CSU CSC cannot order reinstatement
before CSC ! Comissioner ruled ! encroachment on the Mayors
that Mathay should reinstate the right to choose who to appoint
CSU personnel to QC-DPOS CSU never existed after all !
Right to hold public office exists
only by virtue of law and X natural

Michelle Duguil, SBCA

 right
Ordillo vs. Comelec January 30, 1990 ppl of W/N the province of Ifugao can alone NO!
province of Benguet, Mt. legally and validly constitute the CAR Art 10 Sect 15 includes
ORGANIC ACT - CAR Province, Ifugao, Abra, Kalinga- provinces, cities, municipal and
Apayao and Baguio ! plebiscite areas
pursuant to RA 6766 An Act Region is to be made up of 2 or
providing for an organic act for more constituent units
the CAR Ifugao itself cannot solely
COMELEC results show that constitute a region
creation of Region was:
o approved by a majority
of 5,899 votes in Ifugao
Province
o rejected by 148, 676
votes in the rest
Reso 2259 Organic Act has
been approved/ratified by majority
votes of Ifugao
Petitioner filed with COMELEC
petition to declare non-ratification

Abbas vs. Comelec Plebiscite in 13 provinces and 9 W/N certain provisions of the Organic NO! CONSTI!
cities in Mindanao and Palawan = Act are unconsti
ORGANIC ACT - ARMM schedule for implementation of 1) Contention: Organic Act makes
RA 6734 An Act providing for an creation of AR absolute = even if
organic act for the ARMM only two province vote in favor of
Consolidated petitions: autonomy = AR would still be
1) Enjoin comelec from created
conducting the plebiscite
2) Declare RA 734 unconsti and SC: Sect 13 of OA provides that
in violation of the Tripoli creation of AR shall take effect
agreement only when approved by majority
votes

2) Question: What does majority

mean?

SC: Will of the majority in each

constituent unit and not on the
total majority vote in the plebiscite

3) Contention: Not all 13 provinces

and 9 cities possess same

Michelle Duguil, SBCA

 characteristics congress has
expanded scope of AR

SC: Consti laid down

standards/criterion for congress
to determine which areas share
common attributes and should
constitute AR = within realm of
Congress discretion

4) Contention: Violate consti

guarantee of freedom of religion
National law vs. Muslim Code

SC: No actual controversy;

potential conflict only; court does
not have to resolve

5) Contention: Provision grants

President power to merge regions
not conferred by the Consti

SC: Power has been traditionally

been lodged in the President
(general supervision over LG)

6) Presumption of constitutionality

Metro Traffic Command vs. Gonong Atty. David filed complaint = car 1) W/N LOI 43 is Valid 1) YES! VALID
license plate was removed by 2) W/N Private respondents license No inconsistency between
CONFISCATED LICENSE PLATE Metropolitan Traffic Command can be confiscated PD 1605 (regulation of traffic
while parked in Escolta flow in Metro Manila) and LOI
Contends that no ordinance or 43 (illegally parked vehicles
law authorizes MTC to remove LP in the Phil)
Judge Gonong issued TRO and BUT applies only against
WPI motor vehicles STALLED in
Judge G said that LOI 43 does the street for some
not empower MTC to confiscate INVOLUNTARY CAUSE and
LP; only removal of cars when not those intentionally parked
they are obstacles to free in violation of traffic laws
**LOI 43 Measures to Effect a passage/traffic flow Removal and confication of
Continuing flow of transpo on streets LOI has been repealed by PD license plate of any illegally
and highways 1605 parked vehicle is not among
specified penalties

Michelle Duguil, SBCA

**PD 1605 Granding the LOI punished traffic
Metropolitan Manila Commission obstruction; not traffic
Central Powers related to traffic violation = different offense
management, providing penalties and
other purposes 2) NO!
X covered by LOI 43; thus
subj to different penalty
X stalled because of some
defect or accidental cause
nd
X 2 subsequent time
Confiscation of LP = not
justified
X covered by PD 1605 also =
in case of traffic violations,
the DL or LP cannot be
confiscated
Priv respondent may only be
liable for ILLEGAL PARKING
subj to Sect 3 penalties
BASCO VS. PAGCOR PACGOR = created under PD W/N PAGCORs charter is violative of NO!
1869 the principle of local autonomy Section 5, Article 10 of
EXEMPTION FROM TAX Enable the government to Consti
regulate and centralize all games Taxing power of LGUs are
of chance authorized by law subject to such guidelines
BASCO assailed validity of the and limitation as Congress
law may provide
Contends that PAGCORs charter City of Manila = Municipal
Each local government unit is against consti prov on Local Corporation = no inherent
shall have the power to create Autonomy right to impose taxes
its own source of revenue and o Waiver of right of Manila Municipal Corporation =
to impose tax and legal mere creatures of the
to levy taxes, fees, and other fees - Section 13 par (2) Congress = Congress has
charges subject to such power of control over LGUs
guidelines and limitation as the If congress can grant Manila
congress may provide, power to tax, it can also
consistent with the basic policy provide for exemptions or
take back power
on local autonomy. Such taxes, LGUs have no power to tax
fees and charges shall accrue instrumentalities of the NG
exclusively to the local PAGCOR = Government
government. owned and controlled
corporation = shares of
stocks are owned by the NG
Supremacy of the NG over
LG

Michelle Duguil, SBCA

MAGTAJAS VS. PRYCE PAGCOR decided to expand its W/N CITY ORDINANCE AND NO!
PROPERTIES operation in CDO ORDINANCE NO. 3353 and 3357-93 CDO empowered to enact
Leased a portion of building from ARE VALID ordinances under police power =
Pryce Properties Corp section 16 of General Welfare
CAGAYAN DE ORO CASINO renovated and equipped it to Clause
inaugurate its casino there during Ordinance should NOT
Christmas contravene a statute
Civic organizations, womens MG = agents of the NG =
groups, youth and religious delegated legislative powers only
elements denounced the project from the Congress
affront to the welfare of the city Delegate CANNOT be superior to
Contends that it violates City the principal
Ordinance No. 3353 and 3375-9 Heresy to say that LGU can undo
prohibiting use of building for the acts of Congress
operation of casinos Casino gambling = authorized by
Respondents invoke PD 1869 PD 1869 ! statute which cannot
PAGCOR be amended or nullified by mere
CA ruled in favor of respondents ordinance
Morality of gambling is not a
justiciable issue
PETITION DENIED

CORDILLERA BROAD COALITION Ceasefire agreement W/N EO 220 IS CONSTI YES!

VS. COA September 1986 EE20 does not create the AR
CPLA and the Cordillera Bodong contemplated in the Consti
Amin agreed that Cordillera Merely provides transitory
EO220 people shall not undertake their measures in the anticipation of
CAR demands thru armed and violent the enactment of the OA and
struggle peaceful political creation of CAR
negotiations Merely prepares the ground for
Subsequent joint agreement: autonomy
o Work together in drafting Pres. was still exercising leg
EO to create preparatory powers as the First Congress had
body that could perform not yet convened
policy making and admin Bodied created by EO 220 do not
**Cordillera Peoples Liberation Army functions; consultation to supplant existing LG structures; X
(CPLA) draft organic act autonomous GA

Michelle Duguil, SBCA

 o Have reps from Merely constitute the mechanism
Cordillera panel to join for an umbrella that brings
the study group in together existing LG, NGAs,
drafting EO ethno-linguistic groups/tribes and
EO 200 was drafter ! signed into NGOs in a concerted effort to
law by Pres Aquino = CAR was spur the development of the
created Cordilleras
o Abra, Benguet, Ifugao, RA 6766 = Organic Act for the
Kalinga-Apayao, CAR (October 23, 1989) and
Mountain province, plebiscite ! completed the
Baguio autonomous region creating
Petitioners assail consti of EE20 process
Contends that Pres Aquino pre-
empted Congress from its
mandated task of enacting an
organic act and created CAR
TORRALBA VS. MUNICIPALITY OF BP 56 creating municipality of W/N BP 56 IS VALID YES!
SIBAGAT Sibagat, Province of Agusan Del
Sur VALID!
BP56 Alleged to violate Article 11, Absence of LGC = X curtail nor
Section3 of 1973 Consti cripple legislative to create
PASSED BEFORE CREATION OF Petitioners = residents and tax municipal corporations
LGC = VALID papers of Butuan City Article 11, Section 3 = X proscribe
Torralba = petitioner, member of nor prohibit the modification of
Sangguniang Panglungsod of territorial and political
Butuan subdivisions before the
Sec. 3 Respondent municipal officers = enactment of the LGC
No province, municipality or barrio local public officials of new What the provision only means is
may be created, divided, merged, municipality that once the LGC is enacted, the
abolished or its boundary substantially Contends that BP 56 is invalid CMD of LGUs should conform to
altered, except in accordance with the because no LGC was yet enacted the criteria thus laid down
criteria established in the LGC, and when it was passed no criteria Legislative power remains
subject to the approval by a majority yet for CDMAA of any PCMB plenary
of votes cast in a plebiscite in the unit Plebiscite was conducted and
or units affected people of the unit/s approved the
creation of he new LGU
A de jure entity has been created
TOBIAS VS. ABALOS Petitioners assail consti of RA W/N RA 7675 IS UNCONSTI NO!
7675 An act converting the
Municipality of Mandaluyong into CONSTITUTIONAL!
MUNICIPALITY OF MANDALUYONG a Highly Urbanized City to be Followed the mandate of the one
! CITY OF MANDALUYONG know as the City of Mandaluyong city one representative proviso
Prior to enactment of statute, Mun in the Consti ! Each city with a
of Manda and San Juan = pop of at least 250k = at least one
belonged to only one leg district rep

Michelle Duguil, SBCA

 o Creation of separate
congressional district for Manda
is not a subject separate and
distinct from the subject of its
conversion into a highly
urbanized city ! natural
consequence of its conversion
X pre-empts right of congress to
reapportion leg districts !
congress itself which drafted,
deliberated and enacted the law
Congress cannot preempt itself
on a right which pertains to itself
The increase in congressional
representation is not
unconstitutional ! Consti
provides that HOR shall be
composed of not more than 250
members UNLESS otherwise
provided by law
Abbas vs. Comelec Plebiscite in 13 provinces and 9 W/N certain provisions of the Organic NO! CONSTI!
cities in Mindanao and Palawan = Act are unconsti
ORGANIC ACT - ARMM schedule for implementation of 6) Contention: Organic Act makes
RA 6734 An Act providing for an creation of AR absolute = even if
organic act for the ARMM only two province vote in favor of
Consolidated petitions: autonomy = AR would still be
3) Enjoin comelec from created
conducting the plebiscite
Declare RA 734 unconsti and in SC: Sect 13 of OA provides that
violation of the Tripoli agreement creation of AR shall take effect
only when approved by majority
votes

7) Question: What does majority

mean?

SC: Will of the majority in each

constituent unit and not on the
total majority vote in the plebiscite

8) Contention: Not all 13 provinces

and 9 cities possess same
characteristics congress has
expanded scope of AR

Michelle Duguil, SBCA

 SC: Consti laid down
standards/criterion for congress
to determine which areas share
common attributes and should
constitute AR = within realm of
Congress discretion

9) Contention: Violate consti

guarantee of freedom of religion
National law vs. Muslim Code

SC: No actual controversy;

potential conflict only; court does
not have to resolve

10) Contention: Provision grants

President power to merge regions
not conferred by the Consti

SC: Power has been traditionally

been lodged in the President
(general supervision over LG)

6) Presumption of constitutionality

RP VS. CITY OF DAVAO Respondent filed an application W/N LGUs are excluded from the NO!
for a Certificate of Non-Coverage coverage of PD1586, one which
Davao City Artica Sports Dome (CNC) for its proposed project requires an EIA process to secure LGUs are NOT EXEMPTED
with the Environmental Mgmt anECC Section 4 of PD 1856 No
Bureau (EMB) = Davao City person, partnership,
Artica Sports Dome corporation without securing
Denied ! proposed project was ECC ! LGU = juridical person
within an environmentally critical Section 1 of PD 1586 Achieve
area ! Davao must first undergo balance between socio-economic
Environ impact assessment (EIA) development and environmental
to secure Environmental protection ! can only be
Compliance Certificate achieved where all sectors
Respondent filed petition for (private and government) are
mandamus with RTC ! RTC integrated ! LGU X outside
ruled in favor of respondent scope of the EIS system
Allegations of respondent: Artica Sports X within
o Project was neither an environmentally critical area =
environmentally critical RTC finding is binding
project nor within an LGU as a body politic has the

Michelle Duguil, SBCA

 environmentally critical duty to ensure the quality of the
area environment
o Minisiterial duty of
DENR to issue CNC in
favor of respondents
Petitioner filed MR = denied

Michelle Duguil, SBCA