SC decision final | Bogo stays as city

      The Supreme Court (SC) finally issued an entry of judgment on July 6, 2011 on the cityhood status of 16 cities which includes the City of Bogo following a series of contradicting decisions on the case against the League of Cities of the Philippines (LCP). The issuance of entry of judgment puts an end to the long legal battle.

       In a Resolution penned by Associate Justice Lucas P. Bersamin, it concluded: “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.”

       “WHEREFORE, the Ad Cautelam Motion for Reconsideration) of the Decision dated 15 February 2011) is denied with finality.”

       Declared constitutional were RA 9389 (Baybay City in Leyte), RA 9390 (Bogo City in Cebu), RA 9391 (Catbalogan City in Samar), RA 9392 (Tandag City in Surigao del Sur), RA 9393 (Lamitan City in Basilan), RA 9394 (Borongan City in Eastern Samar), RA 9398 (Tayabas City in Quezon), RA 9404 (Tabuk City in Kalinga), RA 9405 (Bayugan City in Agusan del Sur), RA 9407 (Batac City in Ilocos Norte), RA 9408 (Mati City in Davao Oriental), RA 9409 (Guihulngan City in Negros Orienta), RA 9434 (Cabadbaran City in Agusan del Norte), RA 9435 (El Salvador City in Misamis Oriental), RA 9436 (Carcar City in Cebu) and RA 9491 (Naga City in Cebu).

       Bogo City Mayor, Hon. Celestino E. Martinez Jr., said that the city government will ask the Department of Budget and Management (DBM) to release the Internal Revenue Allotment (IRA) withheld from the time the cityhood law was ratified. 

         The 16 cities will submit a letter to Budget Secretary Francisco Abad, to this effect. Bogo received city-rate IRA in 2007, 2008 and the 1st quarter of 2009 only.

THE ROLLER COASTER RIDE

June 16, 2007. RA 9390 the cityhood law that converts the status of Bogo into city was ratified in a plebiscite.

November 18, 2008. SC declared the 16 cityhood laws unconstitutional for violation of Sections 6 and 10 of Article X of the Constitution specifying equality in creation of new cities. The 16 cities did not meet the criteria of a P100M income, SC ruled in a vote of 6-5 and written by Justice Antonio Carpio.

December 21, 2009. The Nov. 18, 2008 decision was reversed by SC in a vote 6-4 declaring the 16 cityhood laws were in fact, constitutional and not violative to the Constitution. The resolution was written by Justice Presbitero J. Velasco Jr. The ruling declared that 16 new cities were explicitly exempt from income requirement pursuant to RA 9009.

August 24, 2010. The third ruling granted the motions for reconsideration filed by the LCP in a vote of 7-6 and written again by Justice Carpio. Two justices inhibited from the case. SC in effect, reinstated its November 18, 2008 decision.

February 15, 2011. The fourth ruling granted the motions for reconsideration filed by 16 cities. It reinstated the Dec. 21, 2009 decision declaring the 16 cityhood laws valid and constitutional.

April 12, 2011. SC denied with finality the motion for reconsideration filed by LCP.

June 28, 2011. SC dismissed the 2nd Ad Cautelam Motion for Reconsideration (of Feb. 15, 2011 Decision).

July 6, 2011. SC issued the Entry of Judgment declaring the constitutionality of 16 laws final and executory.

The Bone of Contention. The LCP contend that the cityhood laws violate Sections 6 and 10 of Article X of the Constitution, the Equal Protection Clause, and the right of local governments to a just share in the national taxes.

However, SC ruled that Congress clearly intended that the 16 new cities be exempted from the coverage of RA 9009 particularly the adjustment in income requirement from P20M to P100M.

The 16 cities assert that in October 2000 Senate Bill No. 2157 prior to its adoption as RA 9009 was yet deliberated in Congress while the subject cityhood laws were already pending in Senate.

RA 9009 only took effect on June 30, 2011 already under the 12th Congress. Hence, it did not cover the conversion bills. Furthermore, the responses of Senator Aquilino Pimentel, author of RA 9009 made it clear that the law exempts the 16 cities from coverage.

With every fabric of contention settled, the Mayor said to those who attended the thanksgiving mass on June 30, 2011 held at the chapel of the city hall, “Be home and sleep soundly”.

By Ruby Ortega-Uy

July 2011 Issue, Vol. 1 No. 1

KANAAS GIKAN SA AMIHANAN

Supreme Court upholds Cityhood of Bogo and 15 others

by: Dante J. Mayor

The employees of the City of Bogo shouted in jubilation after Mayor Junie Martinez’ announcement that the Supreme Court has declared again RA 9390 constitutional and valid. Tears of joy rolled down from the eyes of some of the city hall employees while others are clapping and smiling.

Yesterday, February 15, 2011 in an 8:00am Mass officiated by Msgr. Isidro Ullamot at the St. Joseph Chapel - Bogo City Hall, all employees offered their prayers for the Supreme Court’s deliberation of the cityhood case on that day. 

At about 4:00 pm, all city hall employees came out of their respective offices as the city hall bell rang. All employees proceeded then to the session hall for an emergency meeting with the Honorable Mayor. 

At about 4:18pm, Mayor Junie Martinez gladly announced that the Supreme Court has voted a while ago in favor of the cityhood case of Bogo and 15 others.

In a 7-6 vote with two abstentions, the Supreme Court has reversed itself anew as it declared constitutional the laws that converted 16 municipalities into cities.

With the ruling, the SC granted the motion for reconsideration filed by the 16 LGUs whose laws had earlier been declared unconstitutional.

Declared as valid and constitutional are Republic Act No. 9389 (Baybay City in Leyte), RA 9390 (Bogo City in Cebu), RA 9391 (Catbalogan City in Samar), RA 9392 (Tandag City in Surigao del Sur), RA 9393 (Lamitan City in Basilan), RA 9394 (Borongan City in Samar), RA 9398 (Tayabas City in Quezon), RA 9404 (Tabuk City in Kalinga), RA 9405 (Bayugan City in Agusan del Sur), RA 9407 (Batac City in Ilocos Norte), RA 9408 (Mati City in Davao Oriental), RA 9409 (Guihulngan City in Negros Oriental), RA 9434 (Cabadbaran City in Agusan del Norte), RA 9435 (El Salvador City in Misamis Oriental), RA 9436 (Carcar City in Cebu), and RA 9491 (Naga City in Cebu).

This decision which was handed down by the SC during its full court session last Tuesday February 15, 2011 was the fourth ruling issued since 2008 when the issue on the legality of the 16 cityhood laws was challenged by the League of Cities of the Philippines (LCP). A copy of the new ruling was not immediately available.

The first decision handed down in a 6-5 vote and written by Justice Antonio T. Carpio was first issued on Nov. 18, 2008 declaring unconstitutional the 16 cityhood laws for violation of the Constitution.  It said the 16 towns did not meet the criteria of a P100 million income to qualify them into cities.

On Dec. 21, 2009, the first decision was reversed by the SC with a ruling that the laws converting 16 municipalities into cities are constitutional. This time, the decision in a 6-4 vote was written by Justice Presbitero J. Velasco Jr.

The 2009 ruling declared that all cityhood laws, enacted after the effectivity of RA 9009 which increased the income requirement for cityhood from P20 million to P100 million in Section 450 of the Local Government Code (LGC), explicitly exempt the 16 municipalities from the said increased income requirement.

The third ruling was handed down on Aug. 24, 2010 in a 7-6 vote with two justices inhibiting themselves from the case. The ruling granted the motions for reconsideration filed by the LCP and its member cities as it reinstated the Nov. 18, 2008 decision declaring unconstitutional the 16 cityhood laws.

Upon receipt of the Aug. 24, 2010 ruling, the 16 municipalities filed their respective motions for reconsideration. Their motion for oral argument was denied by the SC.

The new ruling was written by Justice Lucas P. Bersamin. Chief Justice Renato C. Corona and Justices Presbitero J. Velasco Jr., Teresita Leonardo de Castro, Roberto A. Abad, Jose Portugal Perez, and Jose Castral Mendoza concurred in the ruling.

Justices Carpio, Conchita Carpio Morales, Arturo D. Brion, Diosdado M. Peralta, Martin S. Villarama Jr., and Maria Lourdes P.A. Sereno dissented this ruling while Justices Antonio Eduardo B. Nachura and Mariano C. Del Castillo inhibited themselves.

Court Administrator and Supreme Court Spokesman Jose Midas P. Marquez confirmed Wednesday, February 16, 2011 the new decision on the case involving the cityhood of 16 LGUs.

Marquez said: “Ponente (writer) is Justice Bersamin but it’s still being circulated. They have taken a vote, its 7-6. This is really an unusual case considering this is the fourth decision on the case, this is the third reversal. If you will recall, the first decision was handed down by the court before the change in the composition of the court way back in 2008. There were seven justices who retired, the first decision was before the seven justices retired, the second was after the seven justices were replaced. Up until today… the votes of the justices were tight... So it’s not very surprising the votes will be changing. Prior to this vote, the vote was 7-6 in favor of the cities. Last Tuesday, again it was reversed 7-6 now in favor of the municipalities.”

“As I have said it’s really not far-fetched for the court to reverse itself considering the voting was very tight, if the voting was maybe 10-5, or 11-4, you can have more assurances the decision won’t be reversed. A change in the composition of the court can influence the succeeding decision of the court,” he added.

It was not yet known whether this is a final and executory ruling or the LCP would still file a motion for reconsideration.

This morning (Feb. 16 2011), at 9:00am the city hall employees headed by Mayor Junie Martinez and Vice Mayor Santiago Sevilla, with all City Councilors offered a thanksgiving mass officiated by Msgr. Isidro “Dodong” Ullamot at the St. Joseph Chapel of the City Hall. Some DepEd officials and employees also attended the mass. 

Bogohanons believed that this good news is God’s plan through the intercession of the beloved patron saint of Bogo, St. Vincente Ferrer and the Blessed Virgin Mary.

_____________________________

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