Supreme Court closes cityhood case

CEBU, Philippines – The Supreme Court has finally given its final decision on the cityhood issue by ordering that the cases be closed and terminated.

This means that its November 18, 2008 decision nullifying the cityhood laws that convert the 16 towns into cities is now considered final and executory.

In a six-page extended resolution dated June 2, 2009, the High Court held that “there can be no doubt of the intention of this Court to consider (these cases) finally closed and terminated. Basic is the rule in our judicial system that litigations must end and terminated at some point.”

On November 18, 2008, by a vote of 6-5, the SC nullified the 16 cityhood laws that convert 16 towns into cities, including the towns of Bogo, Carcar and Naga in Cebu, into new cities.

On January 13, 2009, it denied with finality the motion for reconsideration filed by the 16 local government units, there being no substantial arguments raised.

But on March 31, 2009, acting on the January 19 letter of former Solicitor General Estelito P. Mendoza that urged the members of Court who inhibited to participate, the SC said “the Court re-voted on the Motion for Reconsideration and resolved by a vote of 7-5 to deny the motion for reconsideration with finality for lack of merit, the basic issues raised therein having been passed upon already.” The Court also decried that “no further pleadings shall be entertained.”

However, the High Tribunal later allowed the filing of a second motion for reconsideration and on April 28, 2009, by a vote of 6-6, it denied the second motion for reconsideration for lack of merit, and also “since a majority of the Court did not vote to grant it.”

On May 5, 2009, the respondents’ counsel received a copy of the April 28 Resolution.

The Court reiterated that “as a rule, a second motion for reconsideration is a prohibited pleading, but it may be allowed when a motion for leave to file and admit a second motion for reconsideration is granted by the Court.”

“Generally, a decision becomes final 15 days from receipt by the parties of the denial of the first motion for reconsideration. However, when a second motion for reconsideration is considered and denied by the Court, the decision becomes final 15 days from receipt by the parties of the denial of the second motion for reconsideration,” the SC decision reads.

Consequently, on May 21, 2009, or 15 days after the respondents receive the copy of the denial of the second motion for reconsideration, the November 18, 2008 decision became final and executory.

With this, the SC resolved to expunge the subsequent pleadings on the merits of the case, and merely noted the May 28, 2009 letter-request of former Solicitor-General Mendoza to recall the entry of judgment of the case. — Johanna T. Natavio/WAB (THE FREEMAN)