Cityhood laws unconstitutional: Supreme Court turns cities to towns again

CEBU, Philippines - The Supreme Court has ruled with finality about the fate of 16 local government units and it is against their favor.

The High Tribunal reversed its December 21, 2009 ruling last Monday and deemed unconstitutional the laws creating 16 new cities.

Cebu 1st District Rep. Eduardo R. Gullas, in a text message sent to The FREEMAN, confirmed the news.

“Yes, na reverse,” the veteran lawmaker said via a text message.

Gullas was authored the bills creating the cities of Naga and Carcar in his district back in 2007.

He did not, however, give further details about the latest SC ruling.

Mayor Valdemar Chiong of Naga said that it was a 7-6 vote “in favor of the LCP” (League of Cities of the Philippines).

Chiong said that they will wait for Rep. Gullas and their lawyer Estelito Mendoza to tell them what their next move would be.

“Ambot, murag kapoy na. Mura’g they (SC) just wanted the LCP to be home for the big boys,” said Chiong.

With this latest ruling, Naga and the 15 other LGUs will be municipalities again and would only qualify to have eight councilors. Last May, 10 people were elected into the city council of Naga.

The election of ten members of the council was made based on a ruling of the Commission on Elections last January 5. Such Comelec decision was also based on the December 21, 2009 decision of the SC.

Chiong said that they cannot also just drop the two councilors with the latest ruling as they were also elected by the people.

This latest development came just barely two weeks after the SC junked the motion for leave to intervene filed by former Negros Oriental Rep. Jacinto Paras.

Paras, who authored the cityhood law of Guihulngan, asked the court to reverse its December 21 ruling, saying the conversion of the town into a city was “premature,” apart from the fact that it did not improve the living conditions of the people.

He said that instead, the cityhood status, made more officials there corrupt because of the increase in Internal Revenue Allotment (IRA). The High Court did not however give weight to Paras’ contention and junked his motion shortly after he filed it which was on June 29 this year.

But contrary to what officials of the 16 new cities believed, that the High Tribunal would stand by its last two decisions, the SC en banc had reversed it again and granted the motion for reconsideration filed by the LCP.

The other new cities are Bogo, also in Cebu; Catbalogan and Borongan in Samar; Tandag, Surigao del Sur; Lamitan, Basilan; Tayabas, Quezon; Tabuk, Kalinga; Bayugan, Agusan del Sur; Batac, Ilocos Norte; Cabadbaran, Agusan del Norte; and El Salvador, Misamis Oriental.

The League of Cities, chaired by Mandaluyong City Mayor Benhur Abalos, has questioned the creation of the new cities, saying they did not meet the P100-million income requirement prescribed by a new law.

The Supreme Court first sustained the view of the league but later reversed itself and ruled that the conversion of the towns was legal, as they were not covered by the new income standard but by the previous P20-million income requirement. — With Philippine Star News Service/NLQ(FREEMAN)