Bagabuyo v.

COMELEC 57 bills seeking the conversion of municipalities into

G.R. No. 176970 / December 8, 2008 / Brion, J./Local component cities were filed but Congress acted only on
government, administrative regions, autonomous 33 bills leaving 24 municipalities. Meanwhile, RA 9009
regions/GRACEgar became effective increasing the income requirement to
qualify for conversion into a city from 20M to 100M.
SUMMARY. RA No. 9371 increased CDO’s legislative district Afterwards, 16 of the 24 filed individual cityhood bills all
from one to two. Bagabuyo assailed the constitutionality containing a common provision exempting them from the
of the RA since according to him, a plebiscite is needed. 100M income requirement. Petitioner LCP alleges that the
SC disagreed. 16 Cityhood Laws are unconstitutional for violating the
DOCTRINE. The Constitution and the Local Government equal protection clause and the constitutional
Code expressly require a plebiscite to carry out any requirement that LGUs shall have a just share in the
creation, division, merger, abolition or alteration of national taxes.
boundary of a local government unit; No plebiscite
requirement exists under the apportionment or In the Nov 2008 ruling, SC (6-5 vote) declared them
reapportionment provision. unconstitutional. SC then denied the 1 st MR (7-5 vote). On
Apr 2009, the SC denied a 2nd MR (6-6). On Dec 2009, SC
LOCGOV - 25 reversed itself and declared the laws constitutional (6-4).
On Aug 2010, SC again reversed itself and granted LCP’s
NAVARRO v. ERMITA (2011)
MR. On Feb 2011, SC reversed itself and declared the laws
constitutional. LCP thus filed this Ad Cautelam MR alleging
It must be borne in mind that the central policy that the SC can no longer modify its decision since it has
considerations in the creation of local government units already become final and executory. The SC denies this
are economic viability, efficient administration, and and upholds the laws’ constitutionality.
capability to deliver basic services to their constituents,
and the criteria prescribed by the Local Government
SEMA v COMELEC
Code (LGC), i.e., income, population and land area, are
G.R. No.177597 & 178628 / July 16 2008 / Carpio, J. (hallo,
all designed to accomplish these results. In this light,
this is 72 pages, I’ll try to make it short)
Congress, in its collective wisdom, has debated on the
relative weight of each of these three criteria, placing
emphasis on which of them should enjoy preferential
consideration. Without doubt, the primordial criterion in SUMMARY. Under the amended organic act of the ARMM
the creation of local government units, particularly of a (RA 9054), the ARMM regional assembly had the power to
province, is economic viability. This is the clear intent of the create provinces, which it invoked in enacting MMA 201
framers of the LGC. creating the Province of Shariff Kabunsuan. COMELEC
declared, through Resolution 7902, that Cotabato city was
still part of the legislative district of Shariff Kabunsuan.
LOCGOV - #29 Sema and Marquez argued that Cotabato city was not a
League of Cities of the Philippines (LCP) v COMELEC, (Feb part of said legislative district. SC ruled that the power to
2011) create provinces rests only in the legislature and could not
be delegated, as such the creation of Shariff Kabunsuan
Doctrine: The enactment of the Cityhood Laws is an was unconstitutional.
exercise by Congress of its legislative power. The LGC is a DOCTRINE. The creation of a legislative district by Congress
creation of Congress through its law-making powers. does not emanate alone from Congress power to
Congress has the power to alter or modify it as it did when reapportion legislative districts, but also from Congress
it enacted R.A. No. 9009 and when it enacted the power to create provinces which cannot be created
Cityhood Laws. Congress deemed it wiser to exempt without a legislative district. Thus, when a province is
respondent municipalities from belatedly imposed created, a legislative district is created by operation of the
modified income requirement in order to uphold its higher Constitution because the Constitution provides that each
calling of putting flesh and blood to the very intent and province shall have at least one representative in the
thrust of the LGC, which is countryside development and House of Representatives.
autonomy.

Facts: LOC GOV – No. 16

Petitions for prohibition were filed by the League of Cities
of the Philippines assailing the constitutionality of 16 laws Tan v. Comelec (1986)
converting the municipality covered thereby into a J. Alampay
component city (Cityhood Laws), and seeking to enjoin
the Commission on Elections (COMELEC) from conducting When the Constitution speaks of “the unit or units
plebiscites pursuant to the subject laws. affected,” it means all of the people of the province (city,
municipality, or barangay) if the province (city,
municipality, or barangay) is to be divided or all of the
League of Cities vs. COMELEC people of two or more provinces (cities, municipalities, or
GR No. 176951; April 12, 2011; Bersamin, J. barangays) if there be a merger. Congress cannot, by
mere legislative fiat, diminish or restrict “the unit or units
SUMMARY: affected” referred to by the Constitution to cities and
municipalities comprising the new province, thereby
ignoring the evident reality that there are other people Petitioner Umali asseverates that Sec. 10, Art. X of the
necessarily affected. Constitution should be the basis for determining the
qualified voters who will participate in the plebiscite to
Background resolve the issue. Sec. 10, Art. X reads:
Section 10, Article X. – No province, city, municipality, or
1. BP 885 (an act creating a new province—Negros del barangay may be created, divided, merged, abolished,
Norte) took effect in 1985. Thereafter, petitioners (residents or its boundary substantially altered, except in
of Negros Occidental) filed a petition for prohibition accordance with the criteria established in the local
against respondents Comelec and Provincial Treasurer of government code and subject to approval by a majority
Negros Occidental: to enjoin the former from conducting of the votes cast in a plebiscite in the political units directly
the plebiscite pursuant to said BP, and to enjoin the latter affected.
from disbursing the funds for said plebiscite. The BP Petitioner Umali elucidates that the phrase "political units
provided that 3 cities and 8 municipalities (all in northern directly affected" necessarily encompasses not only
Negros) would constitute the new province, and that the Cabanatuan City but the entire province of Nueva Ecija.
territorial area of Negros del Norte would be 4,019 sq. km Hence, all the registered voters in the province are
more or less. qualified to cast their votes in resolving the proposed
conversion of Cabanatuan City.
2. The plebiscite was nevertheless conducted On the other hand, respondents invoke Sec. 453 of the
(participated in only by a select few voters, namely the LGC to support their claim that only the City of
residents of the 3 cities and 8 municipalities of the Cabanatuan should be allowed to take part in the voting.
proposed new province and not by the voters of the entire Sec. 453 states:
Negros Occidental province), so petitioners filed a Section 453. Duty to Declare Highly Urbanized Status. – It
supplemental petition (recognizing that their initial petition shall be the duty of the President to declare a city as highly
to prohibit the conduct of plebiscite had been mooted) urbanized within thirty (30) days after it shall have met the
this time to prohibit respondent Comelec from issuing the minimum requirements prescribed in the immediately
official proclamation of the results of the plebiscite, and to preceding Section, upon proper application therefor and
compel respondent Comelec to hold another plebiscite ratification in a plebiscite by the qualified voters therein.
wherein all the voters of the entire province of Negros Respondents take the phrase "registered voters therein" in
Occidental shall be allowed to participate. Sec. 453 as referring only to the registered voters in the city
being converted, excluding in the process the voters in the
3. Sen. Ambrosio Padilla filed a motion that he be allowed remaining towns and cities of Nueva Ecija.
to appear as amicus curiae, which was granted. In this case, the provision merely authorized the President
to make a determination on whether or not the
requirements under Sec. 4521 of the LGC are complied
MIRANDA V. AGUIRRE with. The provision makes it ministerial for the President,
G.R. No. 133064 / SEPT 16, 1999 / PUNO, J. / upon proper application, to declare a component city as
LOCGOV – Plebiscite / JCFMAGSINO highly urbanized once the minimum requirements, which
are based on certifiable and measurable indices under
SUMMARY: RA No. 7720, which converted the municipality Sec. 452, are satisfied. The mandatory language "shall"
of Santiago, Isabela into an independent component city used in the provision leaves the President with no room for
was signed into law. The people of Santiago ratified it in a discretion.
plebiscite. RA No. 8528 was enacted. It amended RA No. In so doing, Sec. 453, in effect, automatically calls for the
7720, it changed the status of Santiago from an conduct of a plebiscite for purposes of conversions once
independent component city to a component city. the requirements are met. No further legislation is
Miranda, mayor of Santiago assailed the constitutionality necessary before the city proposed to be converted
of RA No. 8528 due to lack of ratification through plebiscite becomes eligible to become an HUC through ratification,
pursuant to Sec. 10, Article X of the Constitution. as the basis for the delegation of the legislative authority is
DOCTRINE: Sec. 10, Art. X addressed the undesirable the very LGC.
practice where LGUs were created, abolished, etc. on the The plebiscite requirement under the constitutional
basis of vagaries of politics and not of the people’s provision should equally apply to conversions as well.
welfare. The consent of the people was required to serve While conversion to an HUC is not explicitly provided in
as a checking mechanism to any exercise of legislative Sec. 10, Art. X of the Constitution we nevertheless observe
power. It is one instance where the people in their that the conversion of a component city into an HUC is
sovereign capacity decide on a matter that affects them. substantial alteration of boundaries.
This is also in accord with the philosophy of the Constitution
granting more autonomy to LGUs.
Abbas vs. COMELEC
UMALI vs. COMELEC G.R. No.89651 and 89965/ November 10 1989 / Cortes,
G.R. No. 203974 J./LOCGOV-Local governments, Administrative regions,
Autonomous regions/JMQAquino
"Political units directly affected" defined
In identifying the LGU or LGUs that should be allowed to SUMMARY. Petitioners assail the validity and
take part in the plebiscite, what should primarily be constitutionality of RA6734 (Organic Act for ARMM) on the
determined is whether or not the unit or units that desire to grounds that: (a) it conflicts with the Tripoli Agreement; (b)
participate will be "directly affected" by the change. it unconditionally creates an autonomous region ; (c) it
violates the constitutional requirement that only areas MISCELLANEOUS AND FINAL PROVISIONS – THE MMDA /
which share common characteristics shall be included; (d) REDMAINES
it is violative of equal protection ;(e) it violates religious
freedom; (f) that the president may choose to merge SUMMARY. MMDA sought to open Neptune St. in Makati,
existing regions without conducting a plebiscite contrary a private subdivision road, and to cause the demolition of
to the constitution; (g) that the organization of an its perimeter walls. Bel-Air Village Association, Inc., the
Oversight Committee would delay the creation of an registered owner of Neptune St. and the perimeter walls,
autonomous region which, according to the Constitution, filed for injunction. MMDA argues that it has authority
shall take effect upon the conduct of a plebiscite because it is an agent of the State and such orders are
part of its exercise of police power.
LocGov #94
SC ruled that MMDA’s orders have no legal mooring. First,
Arsadi M. DISOMANGCOP and Ramir M. Dimalotang, police power is vested with the legislature and MMDA has
petitioners, no legislative power under its Charter, RA 7924. MMDA was
vs. limited only to administrative functions. Second, MMDA
Secretary of the DPWH Simeon A. DATUMANONG and the cannot invoke the powers of its precursor, MMC, because
Secretary of Budget and Management Emilia T. Boncodin, in the latter’s Charter, there was an express grant to enact
respondents. or approve ordinances; such grant is absent in MMDA’s
(Nov. 25, 2004) Charter. Finally, there was no legislative intent to grant it
with such powers and its Council, the Metropolitan Manila
Doctrine: “The creation of autonomous regions Council, is limited only to administrative rules and
contemplates the grant of political autonomy. It regulations.
serves as a break from Congress’ control over DOCTRINE. An LGU is a “political subdivision of a nation or
local government affairs.” a state which is constituted by law and has substantial
control of local affairs.” MMDA is not an LGU, not even a
Cordillera Broad Coalition vs. COA special metropolitan political subdivision as contemplated
in Sec. 11, Art. X Const, and it is not endowed with
Petition to assail constitutionality of EO 220 legislative power to enact ordinances for the welfare of
the community.
The Constitution outlines a complex procedure for the
creation of an autonomous region in the Cordilleras. A MMDA v. GARIN
Regional Consultative Commission shall first be created. G.R. No. 130230/ April 15 2005/ Chico-Nazario, J.
The President shall then appoint the members of a /LOCGOV/ Miggy
Regional Consultative Commission from a list of nominees
from multi-sectoral bodies. The commission shall assist the SUMMARY. A lawyer who got his license confiscated by the
Congress in preparing the organic act for the autonomous MMDA is questioning its power to do the same under Sec.
region. The first Congress under the 1987 Constitution within 5(f) of RA 7294. Held: The MMDA has no police power, all
eighteen months shall pass the organic act from the time its functions are administrative in nature. It may only
of its organization and enactment into law. Thereafter enforce, but not enact ordinances since it is not a political
there shall be held a plebiscite for the approval of the unit. It cannot summarily confiscate licenses for public
organic act. Only then, after its approval in the plebiscite, safety without any other legislative enactment. Sec. 5(f)
shall the autonomous region be created. mandates that the MMDA shall enforce all traffic laws and
regulations.
ORDILLO V. COMELEC DOCTRINE. *The implementation of MMDA Circular 4 made
G.R. No. 93054 / DEC 4, 1990 / GUTIERREZ, Jr., J. / the issue moot and academic. However, MMDA is not
LOCGOV – Local Governments, Administrative Regions, precluded from re-implementing the former circular, or
Autonomous Regions / JCFMAGSINO any other scheme, for that matter, that would entail
confiscating driver’s licenses. For the proper
SUMMARY: A plebiscite was conducted for the approval implementation of its future programs, the Ct deems it
of the CAR Organic Act. Only a majority from the province appropriate to make the ff observations:
of Ifugao approved said Act. COMELEC issued a resolution
stating that the Organic Act has been approved only by RA 7924 does NOT grant the MMDA with police power, let
the province of Ifugao. The SOJ, on the other hand, issued alone legislative power, and that all its functions are
a memo stating that only Ifugao – due to its majority votes, administrative in nature. Insofar as Sec. 5(f) of Rep. Act No.
approving the Organic Act, alone, legally and validly 7924 grants the MMDA the power to confiscate and
constitute the CAR. Executive Secretary then issues a suspend or revoke drivers licenses without need of any
memo asking the CEB and CRA to wind-up its affairs. other legislative enactment, such is an UNAUTHORIZED
DOCTRINE: An autonomous region cannot be created if exercise of police power. Having been lodged primarily in
only one province approved of its creation in the the National Legislature, police power cannot be
plebiscite called for the purpose. exercised by any group or body of individuals not
possessing legislative power.
MMDA vs BEL-AIR VILLAGE ASSOCIATION
Sec. 5(f) grants the MMDA with the duty to enforce existing
G.R. No. 135962 / March 27, 2000 / PUNO, J./ LOCGOV –
traffic regulations. Thus, where there is a traffic law or
regulation validly enacted by the legislature or those
agencies to whom legislative powers have been
delegated, like the City of Manila, in this case, MMDA is not
precluded, and is in fact duty-bound, to confiscate and
suspend or revoke drivers’ licenses in the exercise of its
mandate of transport and traffic mgt

MMDA v. Viron Transport Co., Inc.

G.R. No. 70656-57/ August 15, 2007/ Carpio-Morales,
J./MMDA/GRACEgar

SUMMARY. As early as 1969, traffic was a problem in Metro

Manila. On February 10, 2003, then-President Gloria
Macapagal-Arroyo issued an Executive Order (179) for the
establishment of the Greater Manila Mass Transport
system. It designated the MMDA as the implementing
agency for a mass transport terminal facilities project,
which was recommended by the MMDA as a means to
alleviate Metro Manila’s traffic caused by buses and the
inefficient connectivity of transportation systems. The
MMDA was to prepare the master plan, coordinate land
use, supervise and manage construction, execute the
necessary contracts and agreements, manage the funds,
enlist the assistance of other government instrumentalities,
and assign and hire personnel. The project also entailed
the closure of existing provincial bus terminals. The Metro
Manila Council supported the project, citing bus terminals
as a contributor to traffic. Provincial bus operators (Viron
Transport Co., Inc. and Mencorp Transportation System,
Inc.) sought declaratory relief against the project. The trial
court initially found for the MMDA but reversed itself. The
SC upheld the trial court’s reversal, holding that the MMDA
cannot be the implementing agency for the project as its
charter does not include police or legislative powers.
Assuming that it has police powers, the proposed project
fails the test for the valid exercise of police power.
DOCTRINE. In light of the administrative nature of its
powers and functions, the MMDA is devoid of authority to
implement the Project as envisioned by the E.O; hence, it
could not have been validly designated by the President
to undertake the Project. It follows that the MMDA cannot
validly order the elimination of respondents’ terminals.
Even the MMDA’s claimed authority under the police
power must necessarily fail in consonance with the
above-quoted ruling in MMDA v. Bel-Air Village
Association, Inc., 328 SCRA 836 (2000), and this Court’s
subsequent ruling in Metropolitan Manila Development
Authority v. Garin, 456 SCRA 176 (2005), that the MMDA is
not vested with police power.