Its final: 16 cityhood laws constitutional PDF Print E-mail
Monday, 04 July 2011 17:35

The Supreme Court (SC) has ordered its Clerk of Court to issue an entry of judgment on the case of the cityhood of 16 municipalities, including Lamitan, thus sealing with finality the constitutionality of the 16 Cityhood Laws.

In an eight-page resolution, penned by Associate Justice Lucas P. Bersamin, the SC said that it cannot entertain the motion for reconsideration (MR) of petitioner League of Cities of the Philippines, et al. of its April 12, 2011 resolution being a second motion for reconsideration (MR) pursuant to Section 2 of Rule 51 of the Rules of Court.

The SC said that a second MR is a prohibited pleading, and only for extraordinarily persuasive reasons and only after an express leave has been first obtained may a second motion for reconsideration be entertained.
Thus, the SC granted the respondent cities’ motion for entry of judgment.

It said that the petitioners’ MR merely rehashed the issues previously put forward.
“Accordingly, the finality of the resolutions upholding the constitutionality of the 16 Cityhood Laws now absolutely warrants the granting of respondents’ Motion for Entry of Judgment,” the SC ruled.

In its April 12, 2011 resolution, the SC reiterated that the said Cityhood Laws were not violative of the Constitution and the Local Government Code (LGC).

“We should not ever lose sight of the fact that the 16 cities covered by the Cityhood Laws not only had conversion bills pending during the 11th Congress, but have also complied with the requirements of the LGC prescribed prior to its amendment by R.A. No. 9009. Congress undeniably gave these cities all the considerations that justice and fair play demanded. Hence, this Court should do no less by stamping its imprimatur to the clear and unmistakable legislative intent and by duly recognizing the certain collective wisdom of Congress,” the SC ruled.
Declared as constitutional were RA Nos. 9389 (Baybay City in Leyte), 9390 (Bogo City in Cebu), 9391 (Catbalogan City in Samar), 9392 (Tandag City in Surigao del Sur), 9393 (Lamitan City in Basilan), 9394 (Borongan City in Samar), 9398 (Tayabas City in Quezon), 9404 (Tabuk City in Kalinga), 9405 (Bayugan City in Agusan del Sur), 9407 (Batac City in Ilocos Norte), 9408 (Mati City in Davao Oriental), 9409 (Guihulngan City in Negros Oriental), 9434 (Cabadbaran City in Agusan del Norte), 9435 (El Salvador City in Misamis Oriental), 9436 (Carcar City in Cebu), and 9491 (Naga City in Cebu).