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LocGov Digests
PART I
PART
I:
LOCAL
GOVERNMENTS
CREATION,
MERGER,
ABOLITION
&
POWERS
1.
Creation
of
Local
Government
Units
2.
Presumption
of
Constitutionality
3.
Governmental
Powers/Functions
4.
Proprietary
Powers/Functions
PART I
Petitioners
have
also
averred
that
after
the
creation
of
Negros
del
Norte,
the
province
of
Negros
Occidental
would
be
deprived
of
the
long
established
Cities
of
Silay,
Cadiz,
and
San
Carlos,
as
well
as
the
municipality
of
Victorias.
No
controversion
has
been
made
regarding
petitioners'
assertion
that
the
areas
of
the
Province
of
Negros
Occidental
will
be
diminished
by
about
285,656
hectares
and
it
will
lose
seven
of
the
fifteen
sugar
mills
which
contribute
to
the
economy
of
the
whole
province.
In
the
language
of
petitioners,
"to
create
Negros
del
Norte,
the
existing
territory
and
political
subdivision
known
as
Negros
Occidental
has
to
be
partitioned
and
dismembered.
What
was
involved
was
no
'birth'
but
"amputation."
We
agree
with
the
petitioners
that
in
the
case
of
Negros
what
was
involved
was
a
division,
a
separation;
and
consequently,
as
Sec.
3
of
Article
XI
of
the
Constitution
anticipates,
a
substantial
alteration
of
boundary.
Re:
the
reliance
on
the
case
of
Paredes
vs.
The
Honorable
Executive
Secretary,
et
al.:
As
in
the
prefatory
statements
therein
stating
that
said
case
is
"one
of
those
cases
where
the
discretion
of
the
Court
is
allowed
considerable
leeway"
and
that
"there
is
indeed
an
element
of
ambiguity
in
the
use
of
the
expression
unit
or
units
affected."
The
ruling
rendered
in
said
case
was
based
on
a
claimed
prerogative
of
the
Court
then
to
exercise
its
discretion
on
the
matter.
It
did
not
resolve
the
question
of
how
the
pertinent
provision
of
the
Constitution
should
be
correctly
interpreted.
The
ruling
in
the
aforestated
case
should
not
be
taken
as
a
doctrinal
or
compelling
precedent
when
it
is
acknowledged
therein
that
"it
is
plausible
to
assert,
as
petitioners
do,
that
when
certain
Barangays
are
separated
from
a
parent
municipality
to
form
a
new
one,
all
the
voters
therein
are
affected."
On
the
issue
of
the
interpretation
and
application
of
Article
XI,
Section
3
of
the
Constitution.
It
can
be
plainly
seen
that
the
constitutional
provision
makes
it
imperative
that
there
be
first
obtained
"the
approval
of
a
majority
of
votes
in
the
plebiscite
in
the
unit
or
units
affected"
whenever
a
province
is
created,
divided
or
merged
and
there
is
substantial
alteration
of
the
boundaries.
It
is
thus
inescapable
to
conclude
that
the
boundaries
of
the
existing
province
of
Negros
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.
Plain
and
simple
logic
will
demonstrate
than
that
two
political
units
would
be
affected.
The
first
would
be
the
parent
province
of
Negros
Occidental
because
its
boundaries
would
be
substantially
altered.
The
other
affected
entity
would
be
composed
of
those
in
the
area
subtracted
from
the
mother
province
to
constitute
the
proposed
province
of
Negros
del
Norte.
We
find
no
way
to
reconcile
the
holding
of
a
plebiscite
that
should
conform
to
said
constitutional
requirement
but
eliminates
the
participation
of
either
of
these
two
component
political
units.
No
one
should
be
allowed
to
pay
homage
to
a
supposed
fundamental
policy
intended
to
guarantee
and
promote
autonomy
of
local
government
units
but
at
the
same
time
transgress,
ignore
and
disregard
what
the
Constitution
commands
in
Article
XI
Section
3
thereof
We
fail
to
find
any
legal
basis
for
the
unexplained
change
made
when
Parliamentary
Bill
No.
3644
was
enacted
into
Batas
Pambansa
Blg.
885
so
that
it
is
now
provided
in
said
enabling
law
that
the
plebiscite
"shall
be
conducted
in
the
proposed
new
province
which
are
the
areas
affected."
We
are
not
disposed
to
agree
that
by
mere
legislative
fiat
the
unit
or
units
affected
referred
in
the
fundamental
law
can
be
diminished
or
restricted
by
the
Batasang
Pambansa
to
cities
and
municipalities
comprising
the
new
province,
thereby
ignoring
the
evident
reality
that
there
are
other
people
necessarily
affected.
The
court
reversed
the
ruling
in
"territory"
----
the
physical
mass
of
land
area.
There
would
arise
no
need
for
the
legislators
to
use
the
word
contiguous
if
they
had
intended
that
the
term
"territory"
embrace
not
only
land
area
but
also
territorial
waters,
It
can
be
safely
concluded
that
the
word
territory
in
the
first
paragraph
of
Section
197
is
meant
to
be
synonymous
with
"land
area"
only.
The
words
and
phrases
used
in
a
statute
should
be
given
the
meaning
intended
by
the
legislature.
The
sense
in
which
the
words
are
used
furnished
the
rule
of
construction.
The
distinction
between
"territory"
and
"land
area"
which
respondents
make
is
an
artificial
or
strained
construction
of
the
disputed
provision
whereby
the
words
of
the
statute
are
arrested
from
their
plain
and
obvious
meaning
and
made
to
bear
an
entirely
different
meaning
to
justify
an
absurd
or
unjust
result.
The
plain
meaning
in
the
language
in
a
statute
is
the
safest
guide
to
follow
in
construing
the
statute.
A
construction
based
on
a
forced
or
artificial
meaning
of
its
words
and
out
of
harmony
of
the
statutory
scheme
is
not
to
be
favored.
Concurring
Opinion,
Teehankee:
The
challenged
Act
is
manifestly
void
and
unconstitutional.
Consequently,
all
the
implementing
acts
complained
of,
PART I
viz.
the
plebiscite,
the
proclamation
of
a
new
province
of
Negros
del
Norte
and
the
appointment
of
its
officials
are
equally
void.
The
limited
holding
of
the
plebiscite
only
in
the
areas
of
the
proposed
new
province
(as
provided
by
Section
4
of
the
Act)
to
the
exclusion
of
the
voters
of
the
remaining
areas
of
the
integral
province
of
Negros
Occidental
(namely,
the
three
cities
of
Bacolod,
Bago
and
La
Carlota
and
the
Municipalities
of
La
Castellana,
Isabela,
Moises
Padilla,
Pontevedra,
Hinigaran,
Himamaylan,
Kabankalan,
Murcia,
Valladolid,
San
Enrique,
Ilog,
Cauayan,
Hinoba-an
and
Sipalay
and
Candoni),
grossly
contravenes
and
disregards
the
mandate
of
Article
XI,
section
3
of
the
then
prevailing
1973
Constitution
that
no
province
may
be
created
or
divided
or
its
boundary
substantially
altered
without
"the
approval
of
a
majority
of
the
votes
in
a
plebiscite
in
the
unit
or
units
affected.
"
It
is
plain
that
all
the
cities
and
municipalities
of
the
province
of
Negros
Occidental,
not
merely
those
of
the
proposed
new
province,
comprise
the
units
affected.
It
follows
that
the
voters
of
the
whole
and
entire
province
of
Negros
Occidental
have
to
participate
and
give
their
approval
in
the
plebiscite,
because
the
whole
province
is
affected
by
its
proposed
division
and
substantial
alteration
of
its
boundary.
To
limit
the
plebiscite
to
only
the
voters
of
the
areas
to
be
partitioned
and
seceded
from
the
province
is
as
absurd
and
illogical
as
allowing
only
the
secessionists
to
vote
for
the
secession
that
they
demanded
against
the
wishes
of
the
majority
and
to
nullify
the
basic
principle
of
majority
rule.
The
argument
of
fait
accompli
viz.
that
the
railroaded
plebiscite
of
January
3,
1986
was
held
and
can
no
longer
be
enjoined
and
that
the
new
province
of
Negros
del
Norte
has
been
constituted,
begs
the
issue
of
invalidity
of
the
challenged
Act.
This
Court
has
always
held
that
it
"does
not
look
with
favor
upon
parties
'racing
to
beat
an
injunction
or
restraining
order'
which
they
have
reason
to
believe
might
be
forthcoming
from
the
Court
by
virtue
of
the
filing
and
pendency
of
the
appropriate
petition
therefor.
Where
the
restraining
order
or
preliminary
injunction
are
found
to
have
been
properly
issued,
as
in
the
case
at
bar,
mandatory
writs
shall
be
issued
by
the
Court
to
restore
matters
to
the
status
quo
ante."
Where,
as
in
this
case,
there
was
somehow
a
failure
to
properly
issue
the
restraining
order
stopping
the
holding
of
the
illegal
plebiscite,
the
Court
will
issue
the
mandatory
writ
or
judgment
to
restore
matters
to
the
status
quo
ante
and
restore
the
territorial
integrity
of
the
province
of
Negros
Occidental
by
declaring
the
unconstitutionality
of
the
challenged
Act
and
nullifying
the
invalid
proclamation
of
the
proposed
new
province
of
Negros
del
Norte
and
the
equally
invalid
appointment
of
its
officials.
PART I
municipality,
in
the
same
manner
that
the
creation
of
a
municipality
does
not
preclude
the
enactment
of
the
LGC.
The
Constitution
only
means
that
once
the
LGC
is
enacted,
the
creation
or
modification
of
territorial
boundaries
should
conform
with
criteria
laid
down.
In
the
meantime,
legislative
power
remains
plenary
except
that
creation
of
the
new
municipality
should
be
approved
by
the
people
concerned.
In
this
case,
the
creation
of
Sibagat
conformed
to
such
requisite.
A
plebiscite
was
conducted
and
the
people
in
the
units
affected
endorsed
and
approved
the
creation
of
the
new
local
government
unit.
The
officials
of
the
new
municipality
have
effectively
taken
their
oaths
of
office
and
performing
their
functions.
A
de
jure
entity
has
been
created.
PART I
Clearly,
a
province
cannot
be
created
without
a
legislative
district
because
it
will
violate
Section
5
(3),
Article
VI
of
the
Constitution
as
well
as
Section
3
of
the
Ordinance
appended
to
the
Constitution.
For
the
same
reason,
a
city
with
a
population
of
250,000
or
more
cannot
also
be
created
without
a
legislative
district.
Thus,
the
power
to
create
a
province,
or
a
city
with
a
population
of
250,000
or
more,
requires
also
the
power
to
create
a
legislative
district.
Even
the
creation
of
a
city
with
a
population
of
less
than
250,000
involves
the
power
to
create
a
legislative
district
because
once
the
city's
population
reaches
250,000,
the
city
automatically
becomes
entitled
to
one
representative
under
Section
5
(3),
Article
VI
of
the
Constitution
and
Section
3
of
the
Ordinance
appended
to
the
Constitution.
Thus,
the
power
to
create
a
province
or
city
inherently
involves
the
power
to
create
a
legislative
district.
Legislative
Districts
are
Created
or
Reapportioned
Only
by
an
Act
of
Congress
Under
the
present
Constitution,
as
well
as
in
past
Constitutions,
the
power
to
increase
the
allowable
membership
in
the
House
of
Representatives,
and
to
reapportion
legislative
districts,
is
vested
exclusively
in
Congress.
Congress
is
a
national
legislature
and
any
increase
in
its
allowable
membership
or
in
its
incumbent
membership
through
the
creation
of
legislative
districts
must
be
embodied
in
a
national
law.
Only
Congress
can
enact
such
a
law.
It
would
be
anomalous
for
regional
or
local
legislative
bodies
to
create
or
reapportion
legislative
districts
for
a
national
legislature
like
Congress.
An
inferior
legislative
body,
created
by
a
superior
legislative
body,
cannot
change
the
membership
of
the
superior
legislative
body.
The
creation
of
the
ARMM,
and
the
grant
of
legislative
powers
to
its
Regional
Assembly
under
its
organic
act,
did
not
divest
Congress
of
its
exclusive
authority
to
create
legislative
districts.
This
is
clear
from
the
Constitution
and
the
ARMM
Organic
Act,
as
amended.
Nothing
in
Section
20,
Article
X
of
the
Constitution
authorizes
autonomous
regions,
expressly
or
impliedly,
to
create
or
reapportion
legislative
districts
for
Congress.
On
the
other
hand,
Section
3,
Article
IV
of
RA
9054
amending
the
ARMM
Organic
Act,
provides,
"The
Regional
Assembly
may
exercise
legislative
power
x
x
x
except
on
the
following
matters:
x
x
x
(k)
National
elections.
x
x
x."
Since
the
ARMM
Regional
Assembly
has
no
legislative
power
to
enact
laws
relating
to
national
elections,
it
cannot
create
a
legislative
district
whose
representative
is
elected
in
national
elections.
Indeed,
the
office
of
a
legislative
district
representative
to
Congress
is
a
national
office,
and
its
occupant,
a
Member
of
the
House
of
Representatives,
is
a
national
official.
It
would
be
incongruous
for
a
regional
legislative
body
like
the
ARMM
Regional
Assembly
to
create
a
national
office
when
its
legislative
powers
extend
only
to
its
regional
territory.
To
allow
the
ARMM
Regional
Assembly
to
create
a
national
office
is
to
allow
its
legislative
powers
to
operate
outside
the
ARMM's
territorial
jurisdiction.
The
Supreme
Court
ruled
that
Section
19,
Article
VI
of
RA
9054,
insofar
as
it
grants
to
the
ARMM
Regional
Assembly
the
power
to
create
provinces
and
cities,
is
void
for
being
contrary
to
Section
5
of
Article
VI
and
Section
20
of
Article
X
of
the
Constitution,
as
well
as
Section
3
of
the
Ordinance
appended
to
the
Constitution.
Only
Congress
can
create
provinces
and
cities
because
the
creation
of
provinces
and
cities
necessarily
includes
the
creation
of
legislative
districts.
The
ARMM
Regional
Assembly
cannot
create
a
province
without
a
legislative
district
because
the
Constitution
mandates
that
every
province
shall
have
a
legislative
district.
Moreover,
the
ARMM
Regional
Assembly
cannot
enact
a
law
creating
a
national
office
like
the
office
of
a
district
representative
of
Congress
because
the
legislative
powers
of
the
ARMM
Regional
Assembly
operate
only
within
its
territorial
jurisdiction
as
provided
in
Section
20,
Article
X
of
the
Constitution.
Based
on
the
foregoing,
MMA
Act
201
enacted
by
the
ARMM
Regional
Assembly
and
creating
the
Province
of
Shariff
Kabunsuan
was
also
declared
void.
On
the
other
hand,
COMELEC
Resolution
No.
7902,
preserving
the
PART I
geographic
and
legislative
district
of
the
First
District
of
Maguindanao
with
Cotabato
City,
was
held
valid.
SC
declared
that
it
merely
complies
with
Section
5
of
Article
VI
and
Section
20
of
Article
X
of
the
Constitution,
as
well
as
Section
1
of
the
Ordinance
appended
to
the
Constitution.
PART I
The
MOA-AD
identifies
in
its
TOR
several
statutes:
O
The
organic
act
for
the
ARMM
and
O
The
IPRA
O
The
ILO
Convention
No.
169.
Concerning
Indigenous
and
Tribal
Peoples
in
Independent
Countries
in
relation
to
the
UN
Declaration
on
the
Rights
of
the
Indigenous
Peoples
and
O
The
UN
Charter.
The
MOA-AD
also
includes
as
final
TOR
the
generic
category
of
compact
rights
entrenchment
emanating
from
the
regime
of
territory
under
compact
and
territory
under
peace
agreement
that
partakes
the
nature
of
a
treaty
device.
This
simply
refers
to
all
the
other
agreements
between
the
MILF
and
the
Philippine
government.
The
main
body
of
the
MOA-AD
is
divided
into
4
strands,
Concepts
and
Principles,
Territory,
Resources
and
Governance.
Concepts
and
Principles
Defines
Bangsamoro
People
as
the
natives
or
original
inhabitants
of
Mindanao
and
its
adjacent
islands
including
Palawan
and
the
Sulu
archipelago
at
the
time
of
the
conquest
or
colonization,
and
their
descendants
whether
mixed
or
of
full
blood,
including
their
spouses.
This
means
that
the
term
includes
not
only
Moros
but
also
all
indigenous
peoples
of
Mindanao
and
its
adjacent
islands.
Mentions
the
Bangsamoro
Homeland
the
ownership
of
which
is
vested
exclusively
in
the
Bangsamoro
people
by
virtue
of
their
prior
rights
of
occupation.
Both
parties
agree
that
the
ancestral
domain
does
not
form
part
of
the
public
domain.
It
also
mentions
the
Bangsamoro
Juridical
Entity
(BJE)
to
which
the
GRP
grants
the
authority
and
jurisdiction
over
the
Ancestral
Domain
and
Ancestral
Lands
of
the
Bangsamoro.
Territory
The
Bangsamoro
Homeland
is
described
as
the
land
mass
as
well
as
the
maritime,
terrestrial,
fluvial
and
alluvial
domains,
including
the
aerial
domain
and
the
atmospheric
space
above
it,
embracing
the
Mindanao-Sulu-Palawan
geographic
region.
The
core
of
the
BJE
is
defined
as
the
present
geographic
area
of
the
ARMM:
o
Lanao
del
Sur
o
Maguindanao
o
Sulu
o
Tawi-Tawi
o
Basilan
o
Marawi
City
o
Certain
municipalities
of
Lanao
del
Norte
that
voted
for
the
inclusion
in
the
ARMM
in
the
2001
plebiscite.
Outside
of
this
core,
the
BJE
is
to
cover
other
provinces,
cities,
municipalities
and
barangays
which
are
groups
into:
Category
A
and
Category
B
(Special
Intervention
Areas).
The
parties
stipulate
that
the
BJE
shall
have
jurisdiction
over
the
following:
o All
natural
resources
Within
its
internal
waters
o Joint
jurisdiction,
authority
and
management
over
all
natural
resources
with
the
Central
Government
Within
its
territorial
waters
o Sharing
of
minerals
between
the
BJE
and
the
Central
Government
Within
its
territorial
waters
Resources
The
BJE
can
perform
the
following
acts:
1.
To
enter
into
any
economic
cooperation
and
trade
relations
with
foreign
countries
and
has
the
option
to
establish
trade
missions
in
those
countries.
2.
To
enter
into
environmental
cooperation
agreements.
3.
Entitled
to
participate
in
Philippine
official
missions
and
delegations
for
the
negotiation
of
border
agreements
or
protocols
for
environmental
protection
and
equitable
sharing
of
incomes
and
revenues.
PART I
The
external
defense
of
the
BJE
is
to
remain
the
duty
and
obligation
of
the
Central
Government.
The
Central
Government
should
ensure
the
BJEs
participation
in
international
meetings
and
events.
The
BJE
has
the
right
of
exploring
for,
producing
and
obtaining
all
potential
sources
of
energy,
petroleum,
fossil,
fuel,
mineral,
oil
and
natural
gas.
The
total
sharing
between
the
Central
Government
and
the
BJE
pertaining
to
natural
resources
is
to
be
75:25
in
favor
of
the
BJE.
The
BJE
may
modify
or
cancel
the
forest
concessions,
timber
licenses,
contracts
or
agreements,
mining
concessions,
MPSA,
IFMA,
and
other
land
tenure
instruments
granted
by
the
Philippine
Government
including
those
issued
by
the
present
ARMM.
Governance
The
MOA-AD
binds
the
parties
to
invite
a
multinational
third-party
to
observe
and
monitor
the
implementation
of
the
Comprehensive
Compact.
The
MOA-AD
describes
the
relationship
of
the
Central
Government
and
the
BJE
as
associative.
The
MOA-AD
provides
that
its
provisions
requiring
amendments
to
the
existing
legal
framework
shall
take
effect
upon
signing
of
the
Comprehensive
Compact
and
upon
effecting
the
aforesaid
amendments.
ISSUES:
Procedural
Issues
1)
Whether
the
constitutionality
and
the
legality
of
the
MOA-AD
is
ripe
for
adjudication.
2)
Whether
the
petitioners
have
locus
standi
to
file
the
petitions.
3)
Whether
the
petitions
have
become
moot
and
academic.
Substantive
Issues
4)
Whether
respondents
violate
constitutional
and
statutory
provisions
on
public
consultation
and
the
right
to
information
when
they
negotiated
and
later
initialed
the
MOA-AD.
5)
Whether
the
contents
of
the
MOA-AD
violate
the
Constitution
and
laws.
HELD:
1)
YES.
2)
YES.
3)
NO.
4)
YES.
5)
YES.
RATIO:
1)
The
power
of
judicial
review
is
limited
to
actual
cases
or
controversies.
An
actual
case
or
controversy
involves
a
conflict
of
legal
rights,
an
assertion
of
opposite
legal
claims,
susceptible
of
judicial
resolution
as
distinguished
from
a
hypothetical
or
abstract
difference
or
dispute.
There
must
be
a
contrariety
of
legal
rights
that
can
be
interpreted
and
enforced
on
the
basis
of
existing
law
and
jurisprudence.
The
court
can
decide
the
constitutionality
of
an
act
or
treaty
only
when
a
proper
case
between
opposing
parties
is
submitted
for
judicial
determination.
Related
to
the
requirement
of
an
actual
case
or
controversy
is
the
requirement
of
ripeness.
For
a
case
to
be
considered
ripe
for
adjudication,
it
is
a
prerequisite
that
something
had
then
been
accomplished
or
performed
by
either
branch
of
the
before
a
court
may
come
into
the
picture
and
the
petitioner
must
allege
the
existence
of
an
immediate
or
threatened
injury
to
itself
as
a
result
of
the
challenged
action.
Concrete
acts
under
the
MOA-AD
are
not
necessary
to
render
the
present
controversy
ripe.
That
the
law
or
act
in
question
is
not
yet
effective
does
not
negate
ripeness.
Certiorari,
Mandamus
and
Prohibition
are
appropriate
remedies
to
raise
constitutional
issues
and
to
review
and/or
prohibit/nullify,
when
proper,
acts
of
legislative
and
executive
officials.
PART I
As
the
petitions
allege
acts
or
omissions
on
the
part
of
the
respondent
that
exceed
their
authority,
by
violating
their
duties
under
E.O.
No.
3
and
the
provisions
of
the
Constitution
and
statutes,
the
petitions
make
prima
facie
case
for
certiorari,
prohibition
and
mandamus,
and
an
actual
case
or
controversy
ripe
for
adjudication
exists.
When
an
act
of
a
branch
of
government
is
seriously
alleged
to
have
infringed
the
Constitution,
it
becomes
not
only
the
right
but
in
fact
duty
of
the
judiciary
to
settle
the
dispute.
2)
For
a
party
to
have
locus
standi,
one
must
allege
such
personal
stake
in
the
outcome
of
the
controversy
as
to
assure
that
concrete
adverseness
which
sharpens
the
presentation
of
issues
upon
which
the
court
so
largely
depends
for
illumination
of
difficult
constitutional
questions.
When
the
issue
concerns
a
public
right,
it
is
sufficient
that
the
petitioner
is
a
citizen
and
has
an
interest
in
the
execution
of
the
laws.
In
any
case,
the
Court
has
the
discretion
to
relax
the
procedural
technicality
on
locus
standi
given
the
liberal
attitude
it
has
exercised
highlighted
in
the
case
of
David
v
Macapagal-Arroyo,
where
technicalities
of
procedure
were
brushed
aside,
the
constitutional
issues
raised
being
of
paramount
public
interest
or
of
transcendental
importance
deserving
the
attention
of
the
Court
in
view
of
their
seriousness,
novelty
and
weight
as
precedents.
3)
The
non-signing
of
the
MOA-AD
and
the
eventual
dissolution
of
the
GRP
Peace
Panel
did
not
moot
the
present
petitions.
It
bears
emphasis
that
the
signing
of
the
MOA-AD
did
not
push
through
due
to
the
Courts
issuance
of
a
TRO.
The
petitions
have
not,
therefore
been
rendered
moot
and
academic
simply
by
the
public
disclosure
of
the
MOA-AD.
The
manifestation
that
it
will
not
be
signed
as
well
as
the
disbanding
of
the
GRP
Panel
notwithstanding.
The
MOA-AD
is
not
a
mere
list
of
consensus
points
given
its
nomenclature
and
the
need
to
have
it
signed
or
initialed
by
all
the
concerning
parties.
Consequently,
the
present
petitions
are
not
confined
to
the
terms
and
provisions
of
the
MOA-AD
but
to
other
ongoing
and
future
negotiations
and
agreements
necessary
for
its
realization.
The
assertion
that
the
MOA-AD
is
subject
to
further
legal
enactments
including
possible
Constitutional
amendments
more
than
ever
provides
impetus
for
the
Court
to
formulate
controlling
principles
to
guide
the
bench,
the
bar,
the
public
and
in
this
case
the
government
and
its
negotiating
entity.
The
MOA-AD
is
a
significant
part
of
a
series
of
agreements
necessary
to
carry
out
the
Tripoli
Agreement
2001.
The
present
MOA-AD
can
be
renegotiated
or
another
one
will
be
drawn
up
to
carry
out
the
Ancestral
Domain
Aspect
of
the
Tripoli
Agreement
of
2001.
In
rendering
a
decision
on
the
merits
in
the
present
petitions
to
formulate
the
controlling
principles
to
guide
the
bench,
the
bar,
the
public
and
most
especially
the
government
in
negotiating
with
the
MILF
regarding
the
Ancestral
Domain
is
necessary.
4)
The
MOA-AD
is
a
matter
of
public
concern,
involving
as
it
does
the
sovereignty
and
territorial
integrity
of
the
State,
which
directly
affects
the
lives
of
the
public
at
large.
Matters
of
public
concern
covered
by
the
right
to
information
include
steps
and
negotiations
leading
to
the
consummation
of
the
contract.
Intended
as
a
splendid
symmetry
to
the
right
to
information
under
the
Bill
of
Rights
(Sec.
7,
Art.
III)
is
the
policy
of
public
disclosure
under
Sec.
28,
Art.
II
of
the
Constitution.
The
right
to
information
guarantees
the
right
of
the
people
to
demand
information
while
Sec.
28
recognizes
the
duty
of
officialdom
to
give
information
even
if
nobody
demands
it.
An
essential
element
of
these
freedoms
is
to
keep
open
a
continuing
dialogue
or
process
of
communication
between
the
government
and
the
people.
Envisioned
to
be
corollary
to
the
twin
rights
to
information
and
disclosure
is
the
design
for
feedback
mechanism.
PART I
In
fact,
E.O.
No.
3
(Defining
the
Policy
and
Administrative
Structure
for
the
Governments
comprehensive
Peace
Efforts)
contemplates
not
just
the
conduct
of
a
plebiscite
to
effectuate
continuing
consultations,
contrary
to
respondents
position
that
plebiscite
is
more
than
sufficient
consultation.
It
also
establishes
petitioners
right
to
be
consulted
on
the
peace
agenda,
as
a
corollary
to
the
constitutional
right
to
information
and
disclosure.
Presidential
Adviser
on
the
Peace
Process
Hermogenes
Esperon,
committed
grave
abuse
of
discretion
when
he
failed
to
carry
out
the
pertinent
consultation.
The
furtive
process
by
which
the
MOA-AD
was
designed
and
crafted
runs
contrary
to
and
in
excess
of
the
legal
authority
and
amounts
to
a
whimsical,
capricious,
oppressive,
arbitrary
and
despotic
exercise
thereof.
Petitioners
assertion
that
the
Local
Government
Code
(Sec.
2
[c])
declares
it
a
State
policy
to
require
all
national
agencies
and
offices
to
conduct
periodic
consultations
with
appropriate
local
government
units,
non-governmental
and
people's
organizations,
and
other
concerned
sectors
of
the
community
before
any
project
or
program
is
implemented
in
their
respective
jurisdictions
is
well-taken.
The
MOA-AD
is
one
peculiar
program
that
unequivocally
and
unilaterally
vests
ownership
of
a
vast
territory
to
the
Bangsamoro
people,
which
could
pervasively
and
drastically
result
to
the
diaspora
or
displacement
of
a
great
number
of
inhabitants
from
their
total
environment.
The
MOA-AD,
an
instrument
recognizing
ancestral
domain,
failed
to
justify
its
non-compliance
with
the
clear-cut
mechanisms
ordained
in
said
Act,
which
entails,
among
other
things,
the
observance
of
the
free
and
prior
informed
consent
of
the
ICCs/IPs.
Notably,
the
IPRA
does
not
grant
the
Executive
Department
or
any
government
agency
the
power
to
delineate
and
recognize
an
ancestral
domain
claim
by
mere
agreement
or
compromise.
In
proceeding
to
make
a
sweeping
declaration
on
ancestral
domain,
without
complying
with
the
IPRA,
which
is
cited
as
one
of
the
TOR
of
the
MOA-AD,
respondents
clearly
transcended
the
boundaries
of
their
authority.
5)
Association
is
used
in
the
MOA-AD
to
describe
the
envisioned
relationship
between
the
BJE
and
the
Central
Government.
The
nature
of
the
"associative"
relationship
may
have
been
intended
to
be
defined
more
precisely
in
the
still
to
be
forged
Comprehensive
Compact.
Nonetheless,
given
that
there
is
a
concept
of
"association"
in
international
law,
and
the
MOA-AD
-
by
its
inclusion
of
international
law
instruments
in
its
TOR-
placed
itself
in
an
international
legal
context,
that
concept
of
association
may
be
brought
to
bear
in
understanding
the
use
of
the
term
"associative"
in
the
MOA-AD.
An
association
is
formed
when
two
states
of
unequal
power
voluntarily
establish
durable
links.
In
the
basic
model,
one
state,
the
associate,
delegates
certain
responsibilities
to
the
other,
the
principal,
while
maintaining
its
international
status
as
a
state.
Free
associations
represent
a
middle
ground
between
integration
and
independence.
In
international
practice,
the
"associated
state"
arrangement
has
usually
been
used
as
a
transitional
device
of
former
colonies
on
their
way
to
full
independence.
Back
to
the
MOA-AD,
it
contains
many
provisions
which
are
consistent
with
the
international
legal
concept
of
association,
specifically
the
following:
the
BJE's
capacity
to
enter
into
economic
and
trade
relations
with
foreign
countries,
the
commitment
of
the
Central
Government
to
ensure
the
BJE's
participation
in
meetings
and
events
in
the
ASEAN
and
the
specialized
UN
agencies,
and
the
continuing
responsibility
of
the
Central
Government
over
external
defense.
10
PART I
These
provisions
of
the
MOA
indicate,
among
other
things,
that
the
Parties
aimed
to
vest
in
the
BJE
the
status
of
an
associated
state
or,
at
any
rate,
a
status
closely
approximating
it.
The
Constitution,
however,
does
not
contemplate
any
state
in
this
jurisdiction
other
than
the
Philippine
State,
much
less
does
it
provide
for
a
transitory
status
that
aims
to
prepare
any
part
of
Philippine
territory
for
independence.
Article
II,
Sec.
2
of
the
Constitution
states
that,
"The
State
recognizes
and
promotes
the
rights
of
indigenous
cultural
communities
within
the
framework
of
national
unity
and
development."
An
associative
arrangement
does
not
uphold
national
unity.
While
there
may
be
a
semblance
of
unity
because
of
the
associative
ties
between
the
BJE
and
the
national
government,
the
act
of
placing
a
portion
of
Philippine
territory
in
a
status
which,
in
international
practice,
has
generally
been
a
preparation
for
independence,
is
certainly
not
conducive
to
national
unity.
Besides
being
irreconcilable
with
the
Constitution,
the
MOA-AD
is
also
inconsistent
with
prevailing
statutory
law,
among
which
are
R.A.
No.
9054
or
the
Organic
Act
of
the
ARMM,
and
the
IPRA.
11
PART I
cityhood
laws
on
two
grounds:
1)
The
cityhood
laws
violate
Article
X,
Sec.
10
of
the
1987
Constitution
which
states
that
cities
can
be
created
only
in
accordance
with
the
local
government
code
and
2)
the
cityhood
laws
violate
the
equal
protection
clause
as
they
put
the
municipalities
at
an
advantage
as
against
all
other
municipalities
that
are
similarly
situated.
ISSUE:
Whether
or
not
the
cityhood
laws
are
constitutional.
RULING:
The
original
case
declared
the
laws
unconstitutional.
The
MR
reversed
this
decision
and
ruled
in
favor
of
their
constitutionality.
Upon
a
second
MR,
the
Court
again
reversed
itself.
Finally,
on
the
fourth
ruling,
the
Supreme
Court
ruled
that
the
laws
were
constitutional.
FIRST
DECISION
(Nov.
18,
2008
decision)
The
cityhood
laws
violate
Article
X,
Section
10
of
the
1987
Constitution.
Under
this
provision,
the
creation
of
cities
must
be
based
on
the
Local
Government
Code
and
no
other
law.
The
legislature
cannot
prescribe
different
criteria
in
another
law,
in
violation
of
the
predetermined
requirements
in
the
Local
Government
Code.
Allowing
that
would
then
render
nugatory
the
entire
purpose
of
having
a
Local
Government
Code.
Since
the
Local
Government
Code
determines
the
requirements,
if
there
are
indeed
exemptions,
they
too
must
be
clearly
stated
in
the
same
Code.
In
the
case
of
the
16
municipalities,
no
such
exemption
is
written
in
their
favor.
The
said
laws
also
violate
Article
X,
Section
6
of
the
1987
Constitution.
The
provision
states
that
local
government
units
are
entitled
to
a
just
share
in
the
national
income.
There
will
be
no
just
share
if
the
criteria
are
not
uniform
for
local
government
units.
In
the
case
of
the
cityhood
laws,
the
cities
involved,
which
earn
only
about
20
million,
will
get
the
same
share
as
those
who
actually
earn
the
100
million
requirement
in
the
law.
Along
this
line,
the
laws
also
violate
the
equal
protection
clause.
There
was
no
substantial
distinction
which
would
justify
the
favorable
treatment
accorded
to
the
cities
in
the
cityhood
laws
as
opposed
to
every
other
city
earning
20
million
pesos.
The
fact
that
they
sought
cityhood
before
the
amendment
of
the
LGC
is
not
a
substantial
distinction
SECOND
DECISION
(
Dec.
21,
2009)
The
cityhood
laws
are
constitutional
The
power
to
create
cities
is
legislative
in
character.
Article
X,
Sec.
10
of
the
1987
Constitution
only
meant
that
Congress
alone
can
impose
the
criteria
for
the
creation
of
cities,
it
did
not
limit
the
power
of
the
legislature.
The
said
constitutional
provision
should
be
construed
to
mean
that
Congress
can
create
cities
so
long
as
it
is
done
through
a
law.
In
other
words,
Congress
can
create
cities
through
a
codified
set
of
laws
as
in
the
LGC
or
through
a
single
subject
enactment
as
in
the
case
of
the
cityhood
laws.
Moreover,
the
legislative
intent
in
making
the
cityhood
laws
was
to
exempt
the
cities
involved
from
RA
9009.
The
said
exemption
does
not
violate
equal
protection
because
it
is
based
on
substantial
distinctions.
The
municipalities
involved
in
this
case
have
already
met
the
requirements
for
cityhood
under
the
old
LGC
even
before
it
was
amended.
Allowing
the
amendment
to
apply
to
them
would
be
the
same
as
changing
the
rules
in
the
middle
of
the
game.
THIRD
DECISION
(August
24,
2010)
The
cityhood
laws
are
unconstitutional.
Article
10,
Sec.
10
of
the
1987
Constitution
clearly
states
that
the
Local
Government
Code
must
be
the
basis
for
the
creation
of
cities.
RA
9009
is
an
amendment
of
the
LGC,
therefore,
the
new
income
requirement
prescribed
by
it
should
be
complied
with.
If
Congress
truly
intended
that
the
municipalities
involved
in
this
case
be
exempt
from
RA
9009,
it
should
have
been
stated
in
the
law
itself.
The
cityhood
laws
violate
equal
protection.
First,
there
was
no
substantial
distinction
between
the
municipalities
in
this
case
and
all
other
municipalities
similarly
situated.
Second,
the
said
law
is
limited
to
specific
conditions
only,
contrary
to
the
requirement
that
a
valid
distinction
must
not
only
apply
to
specific
conditions
but
to
future
conditions
as
well.
Third,
the
law
does
not
apply
to
all
12
PART I
municipalities
similarly
situated.
The
laws
give
advantage
to
certain
municipalities
on
the
basis
of
an
arbitrary
date.
FOURTH
DECISION
(February
15,
2011)
The
Cityhood
laws
are
constitutional
The
legislative
intent
was
to
exempt
the
municipalities
involved
from
the
coverage
of
RA
9009.
This
intent
was
expressed
in
the
exemption
clause
found
in
the
cityhood
laws.
The
enactment
of
these
laws
was
in
valid
exercise
of
the
legislative
power.
In
fact
these
cityhood
laws
can
be
deemed
to
have
amended
the
LGC
in
that
these
laws
provided
for
exemption.
FINAL
RULING:
The
cityhood
laws
are
constitutional.
The
municipalities
involved
are
validly
constituted
as
cities.
13
PART I
such
exception
to
provinces.
The
idea
is
that
land
area
requirement
for
island
provinces
is
unfair
because
it
will
render
them
far
from
the
government
center.
If
it
will
be
construed
as
it
was
in
the
original
decision,
it
will
seem
as
if
the
Congress
was
partial
to
contiguous
provinces
which
is
against
the
equal
protection
clause.
2.
PRESUMPTION
OF
CONSTITUTIONALITY
14
PART I
15
PART I
Decision
of
the
respondent
court
modified.
Petitioner
municipality
absolved
of
any
liability
in
favor
of
private
respondents.
16
PART I
As
in
Torio
v.
Fontanilla,
in
cases
of
proprietary
functions,
the
settled
rule
is
that
a
municipal
corporation
can
be
held
liable
to
third
persons
ex
contractu.
Also,
"municipal
corporations
under
the
conditions
herein
stated...
are
liable
accordingly,
to
civil
actions
for
damages
when
the
requisite
elements
of
liability
coexist..."
Here,
in
the
absence
of
a
special
law,
the
North
Cemetery
is
a
patrimonial
property
of
the
City
by
which
a
resolution
by
the
Municipal
Board
was
created
to
regulate
its
use.
With
such
acts
of
dominion,
there
is
no
doubt
that
the
Cemetery
is
within
the
class
of
property
private
in
character.
Moreover,
the
lot
was
leased
in
favor
of
respondents.
Hence,
the
obligation
arising
from
contracts
have
the
force
of
law
between
the
contracting
parties.
Any
breach
of
the
contractual
provision
entitles
the
other
party
to
damages
even
if
no
penalty
for
such
breach
is
prescribed
in
the
contract
(Boysaw
v.
Interphil
Promotions
Inc.)
As
regards
the
liability,
under
the
doctrine
of
respondeat
superior,
petitioner
is
liable
for
the
tortious
act
committed
by
its
agents
who
failed
to
verify
and
check
the
duraction
of
the
contract
of
lease.
17