On cityhood laws: Domogan ponders supporting LCP-led impeachment of magistrates

Posted on | Tuesday 22 March 2011 | No Comments

by Isagani S. Liporada

BAGUIO CITY, Tuesday March 22 – “Personally, I am not for impeaching justices of the Supreme Court (SC)… but if the League of Cities in the Philippines (LCP) have clear grounds for such action, I will support it.”


 Thus said mayor Mauricio Domogan in the heels of a fourth motion for reconsideration (MR) this time filed by LCP asking SC to once again re-evaluate its recent decision.


 The SC, in February, declared laws converting 16-municipalities into cities nil compliance to the income requirement set under the Local Government Code (RA 7160) “legal and constitutional” anew.


 The ‘cityhood laws’ include Republic Act (RA) 9389 (Baybay, Leyte), RA 9390 (Bogo, Cebu), RA 9391 (Catbalogan, Samar), RA 9392 (Tandag, Surigao Del Sur), RA9393 (Lamitan, Basilan), RA 9394 (Borongan, Samar), 9398 (Tayabas, Quezon), and RA 9404 (Tabuk, Kalinga).


 Likewise converting some municipalities into cities are RA 9405 (Bayugan, Agusan Del Sur), RA 9407 (Batac, Ilocos Norte), RA 9408 (Mati, Davao Oriental), RA9409 (Guihulngan, Negros Oriental), RA9434 (Cabadbaran, Agusan Del Norte), RA 9435 (El Salvador, Misamis Oriental), RA 9436 (Carcar, Cebu), and RA 9491 (Naga, Cebu).


 The High Tribunal invalidated the bunch of laws in its ruling, on August 2010. But it in its February 15 resolution, reversed itself voting 7-in favor and 6-against to reinstate its December 21, 2009 decision affirming the constitutionality of said laws.


 Said conversion measures were passed by the 11th Congress of which Domogan was member.
 In a 38-page motion, LCP contested the recent SC declaration averring it lost jurisdiction to promulgate its February 15 resolution for want of any controversy to settle.


 Domogan said he hopes the SC finally ends all controversies surrounding the cityhood measures after the LCP motion.


 “There has to be an end to litigations,” he said adding, “The cityhood issue has dragged too long.”
 Wondering why the high court managed to change its view favoring creation of new cities he added, “Even students of law are now getting dizzy.”


 Earlier, about 40 chief executives – all members of LCP – protested the 180-degree turnaround of magistrates at the SC’s own backyard claiming they are not studying cases punctiliously.



 They asked the Court to revert to its November 2008 diktat, even threatening impeachment viewed by some solons as “bullying tactics” to force the high court to rule in LCP’s favor.


 LCP has been opposing the cityhood measures claiming it will greatly reduce its members’ Internal Revenue Allotment (IRA) set aside for all cities under Section 285 of RA 7160.


 They likewise averred said local government units (LGU) failed to comply with the P100
million income requirement under the RA 9009 for municipalities to be converted into cities.


 More, LPC insists, the conversion is in violation of the Section 10 Article X of the Constitution which provides conversion of LGUs must be in accordance with requirements under the Local Government Code, subject to approval by the constituents of the LGUs affected through a plebiscite.*(PIO Baguio City//PIA CAR)

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