'Cityhood Laws unconstitutional'

MANILA, Philippines – A series of laws passed last year that converted 16 municipalities nationwide into cities was declared unconstitutional by the Supreme Court yesterday.

The SC ruled that the so-called “Cityhood Laws” violated the equal protection clause of the Constitution.

Last March 11, the League of Cities of the Philippines asked the SC to declare unconstitutional the conversion into cities of the 16 municipalities, namely Baybay, Leyte; Bogo, Cebu; Naga, Cebu; Catbalogan, Samar; Lamitan, Basilan; Mati, Davao Oriental; Bayugan, Agusan del Sur; Borongan, Eastern Samar; Batac, Ilocos Norte; Tabuk, Kalinga; Tandag, Surigao del Sur; El Salvador, Misamis Oriental; Carcar, Cebu; Guihulngan, Negros Oriental; Tayabas, Quezon; and Cabadbaran, Agusan del Norte.

In its petition, the LCP said the laws creating the new cities are void for violating the provision of Republic Act 7160, the Local Government Code, requiring the municipalities to have a generated income of at least P100 million each for the last two consecutive years.

The law also required a municipality to have at least a population of 150,000 and a land area of 100 square kilometers before it can be converted into a city, the petition added.

The LCP said these requirements were not met when the representatives in Congress of these municipalities pushed for their conversion into cities.

“No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected,” read the petition, quoting the Constitution.

The 11th Congress (June 1998 to June 2001) enacted into law 33 bills which sought to convert 33 municipalities into cities. Congress, however, did not act on bills converting 24 other municipalities into cities.

During the 12th Congress, Congress passed Republic Act 9009 which took effect on June 30, 2001.

RA 9009 amended the Local Government Code by increasing the annual income requirement for the conversion of a municipality into a city from P20 million to P100 million.

After RA 9009 took effect, the House (June 2004 to June 2007) adopted Joint Resolution No. 29 which sought to exempt from the P100-million income requirement the 24 municipalities whose cityhood bills were not approved in the 11th Congress.

The 12th Congress ended without the Senate approving Joint Resolution No. 29.