ONCEPCION, J.

:
FACTS.
1. In 1964, the president issue an executive order Nos. 93 to 121,124 and 126 to 129 for the creation of
33 municipalities.
2. Vice president Pelaez instituted a special civil action for a writ of prohibition with preliminary
injunction to restraint the auditor general as well as his representatives and agents from passing in audit
any expenditure of public funds in implementation of the executive order and or any disbursement by
said municipality by alleging that the executive order is null and void for it was impliedly repealed by RA
2370 and constitute undue delegation of power.
3. The petitioner argue that if the president cannot create a barrio, how can he create a municipality
which is composed of several barrios since barrios are units of municipality.
4. Respondent on the otherhands argue that a municipality can be created without creating a new
barrios by placing old barrios under the jurisdiction of municipality.

Issue.
Whether or not, the executive orders are valid.
According to the supreme court,under RA 2370, barrios may not be created or there boundaries altered
nor there names be changed except by act of congress or of the corresponding provincial board upon
petition of a majority of the voters in the areas affected and the recommendation of the council of the
municipality or municipalities in which the proposed barrio is situated.
The supreme court further said that the authority to create municipal corporation is legislative in nature.
WHEREFORE, the Executive Orders in question are declared null and void ab initio and the respondent
permanently restrained from passing in audit
any expenditure of public funds in implementation of said Executive Orders or any disbursement by the
municipalities above referred to. It is so ordered.

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