For the second time, the Philippine Supreme Court (SC) reversed itself and declared as unconstitutional the creation by Congress of 16 new cities.
In a close 7-6 vote, the SC ruled in favor of the League of Cities of the Philippines (LCP) which protested that the “wholesale conversion” of the 16 towns into cities violated the 1987 Constitution.
Besides, the LCP cited serious concerns expressed by officials of existing cities over their rapidly shrinking shares in the Internal Revenue Allotment (IRA) from the national government.
The IRA represents the shares that city and municipal governments receive annually in connection with their collection of taxes and similar revenues due to the national government.
Among those whose city status were declared as unconstitutional were Batac, the hometown of the late strongman Ferdinand Marcos in Ilocos Norte, Northern Luzon; Carcar, Naga and Bogo on the island province of Cebu in the Visayas; Catabalogan, Samar province in the Visayas; Tabuk, Kalinga province in the Northern Luzon highlands; Lamitan on Basilan island in Mindanao; Cabadbaran in Agusan del Norte, El Salvador in Misamis Oriental, also in Mindanao; Tayabas in Quezon province, Southern Luzon; and Tandag, Surigao del Sur in Mindanao.
With the latest ruling, the High Court reverted to its November 2008 decision declaring the cityhood laws passed by Congress unconstitutional.
It also reversed a decision released by the SC on December 21, 2009 which declared the establishment of the 15 cities as valid and in accordance with the provisions of the Constitution.
In reaffirming the 2008 decision, the SC reiterated that the Constitution “expressly provides that no city shall be created except in accordance with the criteria established in the Local Government Code.”
The High Court also pointed out that Congress exceeded and abused its lawmaking power, rendering the cityhood laws void for violating the Constitution.
In the 11th Congress, the House of Representatives enacted into law 33 bills converting municipalities into cities.
When the 12th Congress met, it amended the Local Government Code increasing the annual income requirement for conversion of a municipality into a city from $$400,000 to $2 million.
The amendment aimed to discourage lawmakers from introducing the rushed conversion of towns into cities, particularly those located in their legislative districts.
But later, Congress adopted a joint resolution which sought to exempt from the $2 million income requirement of the 24 municipalities whose conversion into cities have been rejected.
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