Scribd
Upload
155 views2 pages

Local Gov't Creation: Novaliches Case

This case involves a challenge to the constitutionality of RA 8535, which created the City of Novaliches from 15 barangays of Quezon City. The petitioner argued that RA 8535 failed to meet the requirements for creating a new city under the Local Government Code. However, the Supreme Court upheld the constitutionality of RA 8535 for several reasons: 1) There was no evidence that the requirements were not followed in Congress; 2) Government experts testified during hearings that the requirements were met; 3) While no seat of government was specified, the new city can still establish one as allowed under the Code; 4) The creation did not amend the Constitution by changing the composition of Metro Manila.

Uploaded by

Icel Lacanilao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
155 views2 pages

Local Gov't Creation: Novaliches Case

This case involves a challenge to the constitutionality of RA 8535, which created the City of Novaliches from 15 barangays of Quezon City. The petitioner argued that RA 8535 failed to meet the requirements for creating a new city under the Local Government Code. However, the Supreme Court upheld the constitutionality of RA 8535 for several reasons: 1) There was no evidence that the requirements were not followed in Congress; 2) Government experts testified during hearings that the requirements were met; 3) While no seat of government was specified, the new city can still establish one as allowed under the Code; 4) The creation did not amend the Constitution by changing the composition of Metro Manila.

Uploaded by

Icel Lacanilao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

CASE ASSIGNMENT

LACANILAO, MARICEL RIO


2016-0429

Creation of Local Government Units

Samson v. Aguirre (G.R. No. 133076, 22 September 1999)

FACTS:

On February 23, 1998, President Fidel V. Ramos signed into law Republic Act No. 8535, creating the City of
Novaliches out of 15 barangays of Quezon City. Petitioner Moises S. Samson, incumbent councilor of the first
district of Quezon City, is now before the Court challenging the constitutionality of Republic Act No. 8535 and
seeks to enjoin the Executive Secretary from ordering the implementation of R.A. 8535, the COMELEC from holding
a plebiscite for the creation of the City of Novaliches, and the Department of Budget and Management from
disbursing funds for said plebiscite. Lastly, he prays for the issuance of a preliminary injunction or temporary
restraining order, through a motion duly noted.

Petitioner bases his petition on the following grounds:

"a) R.A. No. 8535 failed to conform to the criteria established by the Local Government Code particularly, Section
7, 11(a) and 450(a), as to the requirements of income; population and land area; seat of government; and no
adverse effect to being a city of Quezon City, respectively, and its Implementing Rules as provided in Article 11(b)
(1) and (2), as to furnishing a copy of the Quezon City Council of barangay resolution; and

"b) The said law will in effect amend the Constitution."

Likewise, petitioner points out that there is no certification attesting to the fact that the mother local government
unit, Quezon City, would not be adversely affected by the creation of the City of Novaliches, in terms of income,
population, and land area. The petitioner also argues that R.A. No. 8535 failed to specify the seat of government of
the proposed City of Novaliches as required under Section 11 (a) of the Local Government Code

ISSUE:

Whether or not RA 8535 which created the City of Novaliches is constitutional.

RATIONALE:

RA 8535 is constitutional for the following grounds:

1. The bill that eventually became R.A. No. 8535 originated in the House of Representatives. Its principal
sponsor is Cong. Dante Liban of Quezon City. Petitioner did not present any proof, but only allegations
that no certifications were submitted to the House Committee on Local Government, as is the usual
practice in this regard. Allegations, without more, cannot substitute for proof. The presumption stands
that the law passed by Congress, based on the bill of Cong. Liban, had complied with all the requisites
therefor.
2. Moreover, present during the public hearings held by the Senate Committee on Local Government were
resource persons from the different government offices like National Statistics Office, Bureau of Local
Government Finance, Land Management Bureau, and Department of Budget and Management, aside
from officials of Quezon City itself.
3. Indeed, a reading of R.A. No. 8535 will readily show that it does not provide for a seat of government.
However, this omission, to our mind, is not as fatal to the validity of R.A. No. 8535 as petitioner makes it
to be. We agree with respondents that under Section 12 of the Local Government Code, which applies to
the proposed City of Novaliches by virtue of Section 54 of R.A. No. 8535, 9 the City of Novaliches can still
establish a seat of government after its creation. While Section 12 speaks of the site of government
centers, such site can very well also be the seat of government, "from where governmental and corporate
service shall be delivered.
4. The proposed creation of the City of Novaliches will in no way result in a prohibited amendment of the
Constitution, contrary to petitioner’s contention. The ordinance appended to the Constitution merely
apportions the seats of the House of Representatives to the different legislative districts in the country.
Nowhere does it provide that Metro Manila shall forever be composed of only 17 cities and municipalities
as claimed by petitioner. Too literal a reading of the ordinance in or appendix of the Constitution will only
result in its erroneous interpretation.

You might also like