Pubcorp Cases Matrix.docx

President created 33 municipality based on power provided in Sec 68 of the Revised Admin Code

 Sec 68 of the Admin Code is declared unconstitutional  Creating municipalities is purely legislative in nature  1935 expressly limits the power/control of president over LGUs

Chief of Division of Archives is being compelled to file the AOI of petitioner Chief doesn’t was to accept bec he said it was not registrable under Act 1459: they want to incorporate to have control over the Bario of PUlo or San Miguel; use the natural products for institutions, foundations, charitable work for common utility – These barrios have no Local Government yet but are under the Municipality of Pasig they want to incorporate to administer any property under Pasig but in the limits of that barrio

 Just bec his duty is ministerial doesn’t mean he cannot determine question of law  May check not just the form but also the lawfulness of purpose  Determine first the purpose before issuing license  Sure, he can be mandamused since his duty is “ministerial” but this does not take the fact that he can exercise judicial function – and this decision is reviewable  The proposed corporation has no right to own or hold such properties claimed as the are not legal entities by any law; it belongs to Municipality of Pasig

Pelaez vs Auditor General

Asuncion vs De Yriate

Does he have the authority to decide: 1. sufficiency of form of Articles and lawfulness of the purpose? Plebiscite was conducted for the creation of Negros del Norte. It was participated by the voters of the proposed municipality only What does “”unit or units affected”

Tan vs Comelec

 Unconstitutional plebiscite since Loc Gov Code requires (accdg to construction) votes from proposed and new province

The plebiscite for the Municipality of Tulay na Lupa in Camarines Norte was held, no votes won Was the plebiscite valid? – Yes. Did the ratification of the 1987 Constitution reive the Paredes ruling and made the Tan vs Comelec doctrine invalid? –NO.

 Voters still need to be from both the parent and new municipalties

ARMM Regional Assembly created the Province of Shariff Kabunsuan pursuant to the organic act of ARMM Is it valid? – NO.

 No province can be created without legislative district. Only Congress through: 1. Indirectly thru creation of a province 2. Direct creation of a district upon meeting requirements Can create Legislative Districts

Several barangays in Municipality of Bayugan were separated to form Municipaity of Sibagat by virtue of BP 56 Peitioner said the Loc Gov must first be enacted to provide a criteria before the new municipality can be created. Loc Gov Code – Feb 10, 1983 BP 56 – Feb 1, 1980 Is BP 56 (creating the Sibagay) null and void? – NO.

 Absence of Loc Gov Code is not a hindrance in modifying territorial and political subdivisions  It only says that IF there is a Code already, all modifications must confirm therein  That in the interregnum, plebiscite must be made

RA 8535 was enacted creating NOVALICHES (from 15 brgys of QC) Petitioner challenges it for not being compliant wit the Income, Population and Land Area requirements in Loc Gov Code

 The requirements in the Loc Gov Code are: 1. Income (20M) 2. Population (150k) OR land area  Compliance with either population or land area PLUS income is sufficient

Padilla vs Comelec

Sema vs Comelec

Torralba vs Municipality of Sibagat

CONSTITUTIONAL Samson vs Aguirre

RA 9355 created the Province of Dinagat; approved in plebiscite Challenged for compliance to the land area requirement of: 1. 2000 skm if continuous 2. need not be contiguous if comprises 2 or more islands Navarro vs Ermita

CREATION OF DINAGAT ISLANDS VALID

Alvarez vs Guingona

RA 7720 was passed converting Municipality of Santiago Isabela into an Independent Component City (City of Santiago) Constitutionality assailed bec it did not originate from House and did not meet the income requirement Petitioners based their argument on the income of Santiago as stated in the Internal Revenue Allotment INCOME REQUIREMENT MET; SENATE BILL VALID

 BARANGAY – land area is not required indicator of viability  Municipality, City, Provinces – all three are indicators of viability  If 2 or more islands – exempt from land area requisites

 IRA – form; right to be allocated a just share in national taxes This is an item of income; forms part of gross accretion of the funds of the LGU; income that LGU can rely on as source of much needed funds  ANNUAL INCOME – revenues and receipt realized by the province fro regular sources of Local General Fund including IRA and other shares

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League of Cities vs Comelec

Malabang vs Benito

EO 386 created the Municipality of Balabangan, which used to be part o f Malabang, Lanao del Sur Petitioner challenges the validity of the creation citing Pelaez Respondent avers that this case is different since Balabagan is a De facto Corporation; created before the court promulgated Pelaez Hence, cannot be collaterally attacked and can only be inquired into directly thru quo warranto EO IS VOID

 There can be no de facto corporation  The fact that the basis of the EO is declared unconstitutional (Sec 68 of Revised Admin Code), no rights or legal basis existed

Camid vs OP

Municipality of San Narciso, Quezon vs Mendez

EO 107 created the Municipality of Andong in Lanao del Sur (by virtue of Sec 68 of the Admin Code) Petitioner want the Court to affirm the validity of the creation of the municipality since it metamorphosed into a full-blown municipality Assails DILG act for not classifying Andong as a regular existing municipality Pelaez has been modified by supervening events

 Pelaez Doctrine still in effect  Confusion starts upon enactment of Loc Gov Code of 1991 when EOs creating municipalities are not yet judicially annulled  But there’s not such thing as De Facto municipality  All municipalities created under EO are declared void ab initio upon promulgation of Pelaez

EO 353 created the Municipal District of San Andres, Quezon EO 174—san andres gained status of fifth class municipality Then it was proposed that it be converted into a municipal district via House Bill 1515; approved Municipality of San Narciso filed a Quo Waranto Proceeding seeking to declare EO 353 void

 QUO WARRANTO – prerogative writ by which government can call upon any person to show what warrant he holds a public office or exercises a public fanchise

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Municipality of Jimenez vs Baz

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Caliwag vs Comelec