LCP raps SC decision on 16 cityhood laws

By CARLO SUERTE FELIPE and JEFFREY G. DAMICOG
December 23, 2009, 7:35pm

The League of Cities of the Philippines (LCP) will file a motion for reconsideration with regards to the re-opening of the decision against the 16 cityhood laws which was already issued an entry of judgment last May 21, 2009.

LCP President Mandaluyong City Mayor Benhur Abalos said that he cannot see any reason why the Supreme Court had to change the decision, which is already final. “To my mind, as a lawyer, an entry of judgment is like a death certificate already. The case is already nailed shut. The only case I remember that was re-opened was that of the Aquino-Galman murder case. But that was a kangaroo court as we all know. Our lawyer is currently drafting all of our arguments as of now and we will try to file a motion for reconsideration as soon as possible. In behalf of the league, we still believe that there is still justice.”

The Supreme Court decision came out last November 18, 2008, declaring it unconstitutional. They filed a motion for reconsideration March 31, 2009 but was also denied and the court has ordered that no further pleadings shall be entertained. A second pleading was heard but was denied for the second time, declaring it a prohibited pleading.

The 16 municipalities vying for cityhood include Naga, Bogo, and Carcar, Cebu; Baybay, Leyte; Catbalogan, Samar; Tandang, Surigao del Sur; Lamitan, Basilan; Borongan, Samar; Tayabas, Quezon; Tabuk, Kalinga; Bayugan, Agusan del Sur; Batac, Ilocos Norte; Mati, Davao Oriental; Guihulngan, Negros Oriental; Cabadbaran, Agusan del Norte; and El Salvador, Misamis Oriental.

But the Department of Interior and Local Government (DILG) assured on Wednesday that it will abide by whatever ruling the SC makes in the decision over the cityhood case of 16 municipalities.

“We are guided by the Supreme Court decision subject to whatever legal remedies other parties would make,” said DILG Undersecretary for Local Government Austere Panadero.

Panadero added that the DILG is not part of the process in declaring a town into a city which he stated is a Congressional act.

Abalos also said that the LCP welcomes any municipality to become cities provided that they meet the requirements stated under RA 9009 - a locally-generated income of P100 million, a population of 150,000, and a land area of 100 square kilometers. “We're not against cityhood.

It's the shortcuts that we don't like. How about the other municipalities that are more than eligible for cityhood? Let's be fair to them.”

“With this situation, it simply means it can happen to anyone. Any final decision by the Supreme Court can be re-opened now. Under the law, after a decision you are only allowed one motion for reconsideration. There's no such thing as second consideration,” Abalos said.

In a press conference last month, the LCP said that other municipalities such as Cainta, Rizal and Imus, Cavite are eligible for cityhood, having locally-generated income of P311 million and P229 million respectively. However, none of the 16 municipalities vying for cityhood had reached the minimum requirement.