CAMID VS OFFICE OF THE PRESIDENT, GR No.

161414, January 17, 2005

(ARTICLE X Section 10: Creation, Abolition, Change of boundaries)

FACTS:
In Palaez v. The Auditor General, wherein President Diosdado Macapagal issued
several EOs creating 33 municipalities, among the Executive Orders annulled was
ExecutiveOrder No. 107 which created the Municipality of Andong. Sultan Osop B.
Camid (Camid) represents himself as a current resident of Andong, suing as a private
citizen and taxpayer alleges that Andong ―has metamorphosed into a full-blown
municipality with a complete set of officials appointed to handle essential services for
the municipality and its constituents. He presented certificates from various agencies
that purported to recognize the existence of the Municipality of Andong.

Camid prays that the Court annul the DILG Certification dated 21 November 2003;
direct the DILG to classify Andong as a ―regular existing municipality;‖ all public
respondents, to extend full recognition and support to Andong; the Department of
Finance and the Department of Budget and Management, to immediately release the
internal revenue allotments of Andong; and the public respondents, particularly the
DILG, to recognize the ―Interim Local Officials‖ of Andong.

In the Certification of DILG, there is an enumeration of existing municipalities including

18 0f the 33 Municipalities invalidated in Pelaez Case. Camid finds this as an
abuse of discretion and unequal treatment for Andong. Likewise, Camid insists the
continuing of EO 107, arguing that in Municipality of San Narciso v. Hon. Mendez, the
Court affirmed in making San Andres a de facto municipal corporation. San Andres was
created through an executive order. Thus, this petition.

ISSUE:
 Whether or not the Municipality of Andong be recognized as a de facto
municipal corporation

HELD:

Municipal corporations may exist by prescription where it is shown that the community
has claimed and exercised corporate functions, with the knowledge and acquiescence
of the legislature, and without interruption or objection for period long enough
to afford title by prescription. The C e r ti fi ca ti o n   h a s n o   p o w e r   o r   i t  d o e s   n o t
b e a r   a n y a u t h o ri t y   to   cr e a te o r   r e va l i d a t e   a municipality. The failure to
appropriate funds for Andong and the absence of elections in the municipality in the last
four decades are eloquent indicia of the non-recognition by the State of the existence of the
town. The certifications relied upon by Camid, issued by the DENR-CENRO and the National
Statistics Office, can hardly serve the purpose of attesting to Andong's legal efficacy.

( B ) A nd o ng   d id n ot   m e e t   t he r e qu i s i te s s e t   by   Lo c a l G ov e r n m e nt
C od e of   1 9 9 1   Se c . 4 2   p a r . d r e g a r di ng municipalities created by executive
orders.
Andong was expressly annulled by order of this Court in 1965. Based on Camid’s own
admission, Andong does not meet the requisites set forth by Section 442(d) of the Local
Government Code. Section 442(d) requires that in order that the municipality created by
executive order may receive recognition, they must ―have their respective set of
elective municipal officials holding office at the time of the effectivity of [the Local
Government] Code. Camid admits that Andong has never elected its municipal officers
at all. This incapacity ties in with the fact that Andong was judicially annulled in 1965.
Therefore, in SC’s ruling in Pelaez, the national government ceased to recognize the
existence of Andong, depriving it of its share of the public funds, and refusing to conduct
municipal elections for the void municipality.