By Tetch Torres INQUIRER.net
First Posted 17:23:00 02/16/2011
MANILA, Philippines— For the third time, the Supreme Court on Wednesday flip-flopped on its decision as it again reversed its August 2010 ruling that declared as unconstitutional the cityhood laws or Republic Acts converting 16 municipalities into cities.
In the ruling penned by Associate Justice Lucas Bersamin, the high court reverted to its December 2009 decision declaring as constitutional the cityhood laws that converted the 16 cities into municipalities.
“This is a very unusual case considering that the court issued four decisions on this,” high court spokesman Jose Midas Marquez said referring to the November 2008, December 2009, August 2010 and Wednesday’s ruling.
Marquez attributed the changes in the decision to the composition of the Supreme Court noting that some justices who were part of the November 2008 deliberation have already retired.
“A change in the composition (of the high court) can influence the outcome of the case,” Marquez said.
Declared as constitutional were RA Nos. 9389 (creating Baybay City in Leyte), 9390 (Bogo City in Cebu), 9391 (Catbalogan City in Samar), 9392 (Tandag City in Surigao del Sur), 9393 (Lamitan City in Basilan), 9394 (Borongan City in Samar), 9398 (Tayabas City in Quezon), 9404 (Tabuk City in Kalinga), 9405 (Bayugan City in Agusan del Sur), 9407 (Batac City in Ilocos Norte), 9408 (Mati City in Davao Oriental), 9409 (Guihulngan City in Negros Oriental), 9434 (Cabadbaran City in Agusan del Norte), 9435 (El Salvador City in Misamis Oriental), 9436 (Carcar City in Cebu), and 9491 (Naga City in Cebu).
On Nov. 18, 2008, the high court nullified the 16 cityhood laws for violating the Constitution. The decision became final after the high court denied its first motion for reconsideration while a divided high court with a vote of 6-6 denied the second appeal. Then, on May 21, 2009, the high court said it would no longer allow any pleadings related to the case.
However, the town mayors urged the high court to resolve the second motion for reconsideration that led to a reversal of its November 2008 decision and declared the 16 laws constitutional in its December 2009 decision.
The League of Cities of the Philippines (LCP) filed a motion for reconsideration asking the high court to reinstate its November 2008 decision, which it granted in a resolution issued August 2010.
Then, the town mayors appealed the August 2010 ruling which was reversed on Wednesday by the high court.
Marquez said this case was “very unusual” and that this could not be cited by other parties with pending cases with the high court because its decision is pro hac vice (for this particular occasion).
First Posted 17:23:00 02/16/2011
MANILA, Philippines— For the third time, the Supreme Court on Wednesday flip-flopped on its decision as it again reversed its August 2010 ruling that declared as unconstitutional the cityhood laws or Republic Acts converting 16 municipalities into cities.
In the ruling penned by Associate Justice Lucas Bersamin, the high court reverted to its December 2009 decision declaring as constitutional the cityhood laws that converted the 16 cities into municipalities.
“This is a very unusual case considering that the court issued four decisions on this,” high court spokesman Jose Midas Marquez said referring to the November 2008, December 2009, August 2010 and Wednesday’s ruling.
Marquez attributed the changes in the decision to the composition of the Supreme Court noting that some justices who were part of the November 2008 deliberation have already retired.
“A change in the composition (of the high court) can influence the outcome of the case,” Marquez said.
Declared as constitutional were RA Nos. 9389 (creating Baybay City in Leyte), 9390 (Bogo City in Cebu), 9391 (Catbalogan City in Samar), 9392 (Tandag City in Surigao del Sur), 9393 (Lamitan City in Basilan), 9394 (Borongan City in Samar), 9398 (Tayabas City in Quezon), 9404 (Tabuk City in Kalinga), 9405 (Bayugan City in Agusan del Sur), 9407 (Batac City in Ilocos Norte), 9408 (Mati City in Davao Oriental), 9409 (Guihulngan City in Negros Oriental), 9434 (Cabadbaran City in Agusan del Norte), 9435 (El Salvador City in Misamis Oriental), 9436 (Carcar City in Cebu), and 9491 (Naga City in Cebu).
On Nov. 18, 2008, the high court nullified the 16 cityhood laws for violating the Constitution. The decision became final after the high court denied its first motion for reconsideration while a divided high court with a vote of 6-6 denied the second appeal. Then, on May 21, 2009, the high court said it would no longer allow any pleadings related to the case.
However, the town mayors urged the high court to resolve the second motion for reconsideration that led to a reversal of its November 2008 decision and declared the 16 laws constitutional in its December 2009 decision.
The League of Cities of the Philippines (LCP) filed a motion for reconsideration asking the high court to reinstate its November 2008 decision, which it granted in a resolution issued August 2010.
Then, the town mayors appealed the August 2010 ruling which was reversed on Wednesday by the high court.
Marquez said this case was “very unusual” and that this could not be cited by other parties with pending cases with the high court because its decision is pro hac vice (for this particular occasion).
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