President created 33 municipality based on power provided in Sec  Sec 68 of the Admin Code is declared unconstitutional

68 of the Revised Admin Code  Creating municipalities is purely legislative in nature

 1935 expressly limits the power/control of president over LGUs

Pelaez vs Auditor General

Chief of Division of Archives is being compelled to file the AOI of
petitioner
Chief doesn’t was to accept bec he said it was not registrable under
Act 1459:
- they want to incorporate to have control over the Bario of
PUlo or San Miguel; use the natural products for
institutions, foundations, charitable work for common
Asuncion vs De Yriate utility – These barrios have no Local Government yet but
are under the Municipality of Pasig
- they want to incorporate to administer any property
under Pasig but in the limits of that barrio
 Just bec his duty is ministerial doesn’t mean he cannot determine
question of law
 May check not just the form but also the lawfulness of purpose
 Determine first the purpose before issuing license
 Sure, he can be mandamused since his duty is “ministerial” but
this does not take the fact that he can exercise judicial function
– and this decision is reviewable
 The proposed corporation has no right to own or hold such
properties claimed as the are not legal entities by any law; it
belongs to Municipality of Pasig

Does he have the authority to decide:

1. sufficiency of form of Articles and lawfulness of the
purpose?
Plebiscite was conducted for the creation of Negros del Norte.  Unconstitutional plebiscite since Loc Gov Code requires (accdg to
It was participated by the voters of the proposed municipality only construction) votes from proposed and new province
What does “”unit or units affected”

Tan vs Comelec
 The plebiscite for the Municipality of Tulay na Lupa in Camarines
Norte was held, no votes won
Was the plebiscite valid? – Yes.
Did the ratification of the 1987 Constitution reive the Paredes ruling
and made the Tan vs Comelec doctrine invalid? –NO.
Padilla vs Comelec
ARMM Regional Assembly created the Province of Shariff
Kabunsuan pursuant to the organic act of ARMM
Is it valid? – NO.
Sema vs Comelec
Several barangays in Municipality of Bayugan were separated to
form Municipaity of Sibagat by virtue of BP 56
Peitioner said the Loc Gov must first be enacted to provide a criteria
before the new municipality can be created.
- Loc Gov Code – Feb 10, 1983
Torralba vs Municipality of Sibagat - BP 56 – Feb 1, 1980
Is BP 56 (creating the Sibagay) null and void? – NO.
RA 8535 was enacted creating NOVALICHES (from 15 brgys of QC)
Petitioner challenges it for not being compliant wit the Income,
Population and Land Area requirements in Loc Gov Code
CONSTITUTIONAL
Samson vs Aguirre
 Voters still need to be from both the parent and new
municipalties
 No province can be created without legislative district. Only
Congress through:
1. Indirectly thru creation of a province
2. Direct creation of a district upon meeting requirements
Can create Legislative Districts
 Absence of Loc Gov Code is not a hindrance in modifying
territorial and political subdivisions
 It only says that IF there is a Code already, all modifications must
confirm therein
 That in the interregnum, plebiscite must be made
 The requirements in the Loc Gov Code are:
1. Income (20M)
2. Population (150k) OR land area
 Compliance with either population or land area PLUS income is
sufficient

Navarro vs Ermita
Alvarez vs Guingona
League of Cities vs Comelec
Malabang vs Benito
RA 9355 created the Province of Dinagat; approved in plebiscite
Challenged for compliance to the land area requirement of:
1. 2000 skm if continuous
2. need not be contiguous if comprises 2 or more islands
CREATION OF DINAGAT ISLANDS VALID
RA 7720 was passed converting Municipality of Santiago Isabela
into an Independent Component City (City of Santiago)
Constitutionality assailed bec it did not originate from House and
did not meet the income requirement
Petitioners based their argument on the income of Santiago as
stated in the Internal Revenue Allotment
INCOME REQUIREMENT MET; SENATE BILL VALID
EO 386 created the Municipality of Balabangan, which used to be
part o f Malabang, Lanao del Sur
Petitioner challenges the validity of the creation citing Pelaez
Respondent avers that this case is different since Balabagan is a De
facto Corporation; created before the court promulgated Pelaez
- Hence, cannot be collaterally attacked and can only be
inquired into directly thru quo warranto
EO IS VOID
 BARANGAY – land area is not required indicator of viability
 Municipality, City, Provinces – all three are indicators of viability
 If 2 or more islands – exempt from land area requisites
 IRA – form; right to be allocated a just share in national taxes
- This is an item of income; forms part of gross accretion of
the funds of the LGU; income that LGU can rely on as
source of much needed funds
 ANNUAL INCOME – revenues and receipt realized by the province
fro regular sources of Local General Fund including IRA and other
shares
 There can be no de facto corporation
 The fact that the basis of the EO is declared unconstitutional (Sec
68 of Revised Admin Code), no rights or legal basis existed
 EO 107 created the Municipality of Andong in Lanao del Sur (by
virtue of Sec 68 of the Admin Code)
Petitioner want the Court to affirm the validity of the creation of the
municipality since it metamorphosed into a full-blown municipality
- Assails DILG act for not classifying Andong as a regular
Camid vs OP existing municipality
- Pelaez has been modified by supervening events
 Pelaez Doctrine still in effect
 Confusion starts upon enactment of Loc Gov Code of 1991 when
EOs creating municipalities are not yet judicially annulled
 But there’s not such thing as De Facto municipality
 All municipalities created under EO are declared void ab initio
upon promulgation of Pelaez

Municipality of San Narciso, Quezon vs
Mendez
EO 353 created the Municipal District of San Andres, Quezon  QUO WARRANTO – prerogative writ by which government can
EO 174—san andres gained status of fifth class municipality call upon any person to show what warrant he holds a public
Then it was proposed that it be converted into a municipal district office or exercises a public fanchise
via House Bill 1515; approved
Municipality of San Narciso filed a Quo Waranto Proceeding seeking
to declare EO 353 void

Municipality of Jimenez vs Baz

Caliwag vs Comelec