MANILA, FEBRUARY 19, 2011 (STAR) By Perseus Echeminada - The latest Supreme Court (SC) decision reversing itself for the third time to allow 16 municipalities to become cities has sown confusion among mayors.
Speaking at the weekly broadcasters' forum, San Fernando, Pampanga Mayor Oscar Rodriguez, League of Cities of the Philippines (LCP) president, said the SC decision has disregarded the principle of final judgment.
"This is a mockery of justice. The Supreme Court just threw in the trashcan its rule on the immutability of final judgments. Who will now respect its decision as the final arbiter of law?" he asked.
Alaminos City Mayor Hernani Braganza, LCP secretary-general, said the SC decision is confusing the city mayors.
"We are shocked and confused with the SC decision under Chief Justice Renato Corona," he said.
The LCP legal team is now preparing an impeachment complaint to be filed at the House of Representatives against the justices who reversed the final and executory ruling, Rodriguez said.
On the other hand, Batac, Ilocos Norte Mayor Jeffrey Nalupta said the SC decision is a vindication of their cause and battle for cityhood.
"We have been humiliated and suffered too long in this legal battle," he said.
Lamitan, Basilan Mayor Roderick Furigay said the new cities will be a big boost to the country's economic development program.
"We are appealing to the League of Cities to put the issues at rest," he said. "Their consideration will be of great help for the development of the 16 new cities and the country as well."
"Again, with this righteous decision, we appeal to the League of Cities to finally look into their hearts because Lamitan itself can contribute so much not just in terms of income but will also bring peace to the island province," he added.
Zamboanga City Mayor Celso Lobregat said he is not against any municipality being converted into a city, as long as it follows the Local Government Code requirement that they generate P100 million in annual income from local taxes.
The LCP opposed the conversion of the 16 towns into cities after it was discovered that these local government units do not meet the income requirement set by the Local Government Code as amended by Republic Act 9009.
Rodriguez said the reopening of the case and the eventual turnaround in the SC decision showed that the magistrates were no longer respecting their own doctrine that a final judgment cannot be altered or overturned even by the SC itself.
"This is a dangerous precedent that could weaken the Supreme Court as an institution and erode the people's faith in the rule of law," Rodriguez said.
He disclosed that city mayors under LCP are split on how to address the situation, with a number of them pushing for the filing of an impeachment complaint against the SC justices who they alleged betrayed the public trust.
Some city mayors, on the other hand, recommended the filing of a motion for reconsideration to give the SC justices the chance to correct the judicial error of creating cities that fail to meet requirements.
"We will meet as a group and we will decide on what actions to take," Rodriguez said.
For the third time, the SC reversed itself on the constitutionality of laws passed by the 11th Congress that paved the way for the conversion into cities of Batac and 15 other towns.
The SC reverted to its second ruling issued in December 2009, which declared the cityhood laws constitutional and reversed a supposed final ruling it issued in November 2008.
In its fourth ruling, the SC said Republic Acts 9389, 9390, 9391, 9392, 9393, 9394, 9398, 9404, 9405, 9407, 9408, 9409, 9434, 9435, 9436, and 9491 (the cityhood laws) did not violate the equal protection clause of the Constitution.
The SC, which has admitted that this case is unusual, granted the motion filed by Batac and the 15 other towns seeking reconsideration of the SC resolution in August 2010.
Voting 7-6, the SC said the third reversal was not a ruling on the second motion for reconsideration, but a result of the change in vote cast by Associate Justice Jose Mendoza.
Last year, seven SC justices voted to declare as unconstitutional the cityhood laws on the LCP's petition that opposed the "wholesale conversion" of municipalities into cities, which would reduce the share of existing cities in the Internal Revenue Allotment.
Mendoza was one of them, but then changed his mind and now voted with the six other justices - Chief Justice Renato Corona and Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Lucas Bersamin, Roberto Abad and Jose Portugal Perez - who approved the legality of the cityhood laws.
The new cities are Batac, Baybay (Leyte), Bogo (Cebu), Catbalogan (Samar), Tandag (Surigao del Sur), Borongan (Eastern Samar), Tayabas (Quezon province), Lamitan (Basilan), Tabuk (Kalinga), Bayugan (Agusan del Sur), Mati (Davao Oriental), Guihulngan (Negros Oriental), Cabadbaran (Agusan del Norte), Carcar (Cebu), El Salvador (Misamis Oriental), and Naga (Cebu). - With Artemio Dumlao, Roel Pareño
Municipal officials celebrate SC's reversal of cityhood ruling By Ben Serrano (The Philippine Star) Updated February 19, 2011 12:00 AM
BUTUAN CITY, Philippines — Local officials led by the mayors of the three towns seeking cityhood are happy and now celebrating the Supreme Court ruling that allowed 16 municipalities to become cities.
The mayors of Cabadbaran, Agusan del Norte; Bayugan, Agusan del Sur; and Tandag, Surigao del Sur said the residents are excited that their towns would now be converted into cities.
Cabadbaran Mayor Dale Corvera said his constituents are happy that the SC reversed its ruling and finally allowed the 16 municipalities to become cities and have the opportunity to develop like other members of the League of Cities of the Philippines (LCP).
"We pray that this time, the Supreme Court decision will be final and executory because there should be an end to all these legal squabbling and not sow confusion among us, the 16 LGUs (local government units)," Corvera said.
Corvera said that with the recent SC ruling many development projects initiated by the Cabadbaran municipal government would continue after the town's programs were deferred because of the Aug. 24, 2010 decision of the Supreme Court that ruled the conversion of the 16 towns into cities was unconstitutional.
Cabadbaran is the capital town of Agusan del Norte province and one of the oldest municipalities of the province.
Bayugan Mayor Kim Lope Asis said all his constituents were elated by the recent SC decision that reversed the Court's ruling last August.
Asis claimed that because of that ruling their budget had been reduced significantly forcing other projects to stop.
Tandag Mayor Alexander Pimentel said the residents were relieved over the Supreme Court decision that finally favored their long overdue dream of becoming a city.
Pimentel said because of the recent SC ruling more new development projects would be implemented.
"There must be an end to these legal contests, the Supreme Court must finally have a say if not it will cause confusion to us all which is not good," Pimentel said.
Tandag is the capital town of Surigao del Sur where most national government agencies have set up office.
The other new cities approved by the SC include Batac (Ilocos Norte), Baybay (Leyte), Bogo (Cebu), Catbalogan (Samar), Borongan (Eastern Samar), Tayabas (Quezon province), Lamitan (Basilan), Tabuk (Kalinga), Mati (Davao Oriental), Guihulngan (Negros Oriental), Carcar (Cebu), El Salvador (Misamis Oriental), and Naga (Cebu).
The SC has reversed itself for the third time on the constitutionality of laws passed by the 11th Congress that paved the way for the conversion into cities of 16 municipalities.
The Court reverted back to its second ruling issued in December 2009, which declared the cityhood laws constitutional and reversed a supposed final ruling in November 2008.
In its fourth ruling so far on the case, the SC said that Republic Acts 9389, 9390, 9391, 9392, 9393, 9394, 9398, 9404, 9405, 9407, 9408, 9409, 9434, 9435, 9436, and 9491 (cityhood laws) did not violate Article X Section 10, and the equal protection clause under Article III Section 1 of the Constitution.
The constitutional provision states that "no province, city, municipality or barangay shall be created, divided, merged, abolished or its boundary substantially altered, except in accordance with the criteria established in the Local Government Code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected."
It granted the motion filed by respondent municipalities seeking reconsideration of the Court's resolution issued in August last year.
Meantime, the chairman of the House committee on good government criticized the SC yesterday for flip-flopping on the conversion of 16 towns into cities. "Why this flip-flopping? This could be a dangerous precedent," Iloilo City Rep. Jerry Trenas, former president of the LCP said. – With Jess Diaz, Edu Punay
Chief News Editor: Sol Jose Vanzi
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