University of the Philippines College of Law

JTR III, 1-D

Topic Population Requirement

Case No. GR No. 133076
Case Name Moises Samson v Hon. Alexander Aguirre (in capacity as Executive Secretary)
Ponente QUISUMBING, J.

DOCTRINE
Victoriano v Elizalde Rope Workers Union: All presumptions are indulged in favor of constitutionality;
one who attacks a statute, alleging unconstitutionality must prove its invalidity beyond a reasonable
doubt.

SUMMARY
Samson failed to present clear and convincing proof to defeat the presumption of constitutionality being
enjoyed by RA 8535 an act creating the city of Novaliches

RELEVANT FACTS
On February 23, 1998, FVR signed RA. 8535, creating the City of Novaliches out of 15 Barangays of
Quezon City. Samson, an incumbent city councilor of the 1 st district of WC assails the constitutionality of
the said act
He seeks to enjoin the Executive Secretary from ordering the implementation of RA 8535, the COMELEC
from holding a plebiscite, and the DBM from disbursing funds for said plebiscite.
Samson bases his petition on the following grounds
o 8535 failed to conform to criteria in the LGC, sections 7, 11(a), and 450(a), as to requirements of
income, population, and land area; seat of government; and no adverse effect to being a city of
Quezon City, respectively, and its implementing rules
o The law will in effect amend the constitution
Samson asserts that certifications as to income, population, and land area were not presented to
congress during the deliberations of RA 8535. He also points out that there is no certification attesting to
the fact that the mother LGU, Quezon City, would not be adversely affected by the creation of the City of
Novaliches, in terms of income, population, and land area
In their comment, respondents thru the OSG said that Samson failed to substantiate allegations with
convincing proof. They claimed that Samson had the burden of proof to overcome the legal presumption
that congress considered all the legal requirements under the LGC of 1991 in passing RA 8535. Further,
they claim the petition itself is devoid of any pertinent document supporting Samsons claim that the
assailed act is unconstitutional.
Every statute is presumed valid. Every law is presumed to have passed thru regular congressional
processes

ISSUE
W/N Samson was able to successfully overcome the presumption of validity accorded to RA 8535

RATIO DECIDENDI Note the words in bold letters are what I think are the important ratios
Issue Ratio
W/N Samson was able to NO
successfully overcome the 1. His argument that no certifications attesting compliance with sections
presumption of validity 7, 11(a), and 450 (a) of the LGC were submitted to the public hearings
accorded to RA 8535 held by the senate committee on local government is unfounded
since the bill originated in the House of Representatives.
 University of the Philippines College of Law
JTR III, 1-D

2. Petitioner did not present any proof, but only allegations, that no
certifications were submitted to the House committee on Local
Government cannot be substituted for proof!
3. The presumption that the law passed by congress, based on the bill
of Cong. Liban, had complied with all the requisites therefor.
4. In the public hearings held by the Senate Committee on Local
government were resource persons from relevant government
agencies (i.e. NSO, DBM, Bureau of Local Government Finance, Land
Management Bureau, officials from QC)
a. The rep. from the Bureau of Local Gov. Finance combined
average income of 13 barangays for 1995 and 1996 is
26,952,128.26 LGC requirement is only 20 Million for the
immediately preceding two years!
b. NSO estimated population in the barangays that would
compose Novaliches is around 347,310 IRR of LGC only
requires 150,000!
c. No need to consider land area since under the LGC, the
proposed city must comply with requirement as regards
income and either population OR land area
d. Note that Novaliches is now highly urbanized
e. Note that the representatives of these agencies spoke under
oath and in their official capacity
5. Samson failed to substantiate his claims that the representatives
present did not also submit written certifications. He didnt even
bother to present a copy of said petition if only to prove that it was
without the written certifications attached as required by law
presumption that these requirements were met in the passage of the
act!
6. Samson argues the act falied to specify the seat of government of the
proposed city of Novaliches as required under section 11 (a) of the
LGC SC said this is not fatal since under sec. 12 of the LGC, the City
of Novaliches can still establish a seat of government after its creation
(the government center where government offices are to be located
can act as the seat of government as well)
a. QC Mayor Mathay was actually present during the
deliberations of the Senate committee on Local government,
and made no mention of anything concerning such adverse
effects the fact that he didnt raise an adverse issue is
indicative of the non-existence of such negative issues
7. The plebiscite to be held will obviously have the opportunity to raise
those issues even before they vote on the cityhood of Novaliches
8. No way the creation of the City of Novaliches will in no way result in a
prohibited amendment of the constitution the ordinance
appended to the constitution merely apportions the seats of the
House Of Representatives. It doesnt say that Metro Manila shall
forever be composed of only 17 cities and municipalities

RULING
 University of the Philippines College of Law
JTR III, 1-D

WHEREFORE, the instant petition is hereby dismissed

NOTES
It is settled that laws (including ordinances enacted by LGUs) enjoy the presumption of constitutionality