SC’s decision on city hood bills on 16 municipalities
CITY Mayor Jerry Trenas described the recent decision of the Supreme Court reversing its earlier ruling that declared unconstitutional the city hood laws passed by the 11th Congress as “double jeopardy.”
Trenas compared the SC decision in a case where the court handed down a guilty verdict for the accused imposing a lethal injection. The court issued another ruling setting aside the decision though the earlier decision was already implemented.
The SC decision last April 2009 is already final. There was already an entry of judgment regarding the city hood bills on 16 municipalities. It is the first time in the history of the SC that a final decision was reversed, said Trenas.
The SC ruled that the city hood bills approved by the 11th Congress do not violate Section 10, Article X of the Constitution as well as equal protection clause under Section 1, Article III of the Constitution.
Section 10 provides 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 majority of the votes cast in a plebiscite in the political units directly affected.
Trenas said the city hood bills could not supersede the Local Government Code. The special laws such as the city hood bills could not surpassed a general law based. Any lawyer will agree on this.
It is a great injustice especially to component cities which are dependent on their Internal Revenue Allotment (IRA) share. “I am very disappointed,” said Trenas.
The SC in its earlier ruling upheld the petition of the League of Cities of the Philippines (LCP) which argued that conversion of the municipalities into cities would reduce the share of existing cities in the IRA. More cities would share the same amount of internal revenue intended for cities.
Trenas said Iloilo City’s IRA share will also reduce. At present, the city has an IRA share of P20-30 million from the national government. “I am dismayed of the SC’s decision.”
The current SC decision which caught the attention of legal minds and local government units also directed the Comelec to hold plebiscites in 16 municipalities to determine whether their constituents favor their conversion into a city.
The 16 municipalities are Baybay (Leyte), Bogo (Cebu), Catbalogan (Samar), Tandag (Surigao del Sur), Borongan (East Samar), Tayabas (Quezon province), Lamitan (Basilan), Tabuk (Kalinga), Bayugan (Agusan del Sur), Batac (Ilocos Norte), Mati (Davao Oriental), Cabadbaran (Agusan del Norte), Carcar (Cebu), El Salvador (Misamis Oriental) and Naga.
The SC decision exempted these 16 municipalities from the income requirement for city hood from P20 million to P100 million in Section 450 of the Local Government Code.
