CAMID VS OFFICE OF THE PRESIDENT, GR No.

161414, January 17, 2005

(ARTICLE X Section 10: Creation, Abolition, Change of boundaries)
FACTS:
This is a petition for Certiorari arguing the existence of Municipality of Andong in Lanao
Del Sur. This decision have noted the earlier decision of Pelaez where the Executive
orders of Former President Macapagal creating 33 Municipalities of Lanao Del Sur was
considered null and void due to undue delegation of legislative powers. Among the
annulled executive orders is EO107 creating Andong. The petitioner herein
represents himself as resident of Andong (as a private citizen and taxpayer).
Camid contends/argues the following:
(1) Municipality of Andong evolved into a full-blown municipality (since there is a
complete set of officials appointed to handle essential tasks and services, it has its own
high school, Bureau of Post, DECS office, etc.
(2) 17 barangays with chairman;
(3) he noted agencies and private groups recognizing Andong and also the CENRO and
DENR Certification of land area and population of Andong.
In the Certification of DILG, there is an enumeration of existing municipalities including
18 0f the 33 Municipalities invalidated in Pelaez Case. Camid finds this as an
abuse of discretion and unequal treatment for Andong. Likewise, Camid insists the
continuing of EO 107, arguing that in Municipality of San Narciso v. Hon. Mendez, the
Court affirmed in making San Andres a de facto municipal corporation. San Andres was
created through an executive order. Thus, this petition.
ISSUE:
Whether or not the Municipality of Andong be recognized as a de facto
municipal corporation
HELD:
SECTION 10. 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.
chan

Municipal corporations may exist by prescription where it is shown that the community
has claimed and exercised corporate functions, with the knowledge and acquiescence
of the legislature, and without interruption or objection for period long enough
to afford title by prescription. The C e r t i f i c a t i o n h a s n o p o w e r o r i t d o e s n o t
b e a r a n y a u t h o ri t y to cr e a te o r r e va l i d a t e a municipality. Should the case of
Andong be treated same as the case of San Andres? No, for the following reasons:
(A) There are facts found in the San Andres case that are not present in the case at bar:

(1) The Executive Order creating San Andres was not invalidated
in Pelaez Case,
(2) The municipality existed for 30 years before it was questioned and
(3) The municipality was classified as a fifth class municipality and was
included in the legislative district in the House of Representatives apportionment.
( B ) An d o ng d i d n ot m e e t t he r e qu i s i te s s e t b y Lo c a l G o ve r n m e nt
C od e of 1 9 9 1 Se c . 4 2 p a r. d r e ga r d in g municipalities created by executive
orders. It says:
Municipalities existing as of the date of the effectivity of this Code shall continue
to exist and operate as such. Existing municipal districts organized pursuant to
presidential issuances or executive orders and which have their respective set of
elective municipal officials holding office at the time of the effectivity of this
Code shall henceforth be considered as regular municipalities.
(C) The failure to appropriate funds for Andong and the absence of elections
in the municipality are eloquent indicia (indicators) that the State does not recognize
the existence of the municipality.
(D) The Ordinance appended in the 1987 Constitution (which apportioned seats for the
House of Representatives to the different legislative districts in the Philippines,
enumerates the various municipalities encompassed in the various districts) did
not include Andong.