LEAGUE OF CITIES vs.

COMELEC
APRIL 12, 2011 – BERSAMIN, J.

FACTS:
 Resolution promulgated in 2/15/11 granted MR of respondents and declared Cityhood laws
constitutional.
 Petitioners anchor their Ad Cautelam MR upon the primordial ground that the Court could no longer
modify, alter, or ament its judgment declaring the Cityhood Laws unconstitutional because the
judgment have long become final and executory.
 Also allege that the Cityhood Laws violated Sections 6 and 10 of Art. X of the 1987 Constitution as well
as the Equal Protection Clause.

ISSUE:
WoN the Cityhood Laws are valid. YES

HELD:

 Congress clearly intended that the LGUs covered by the Cityhood Laws be exempted from the coverage
of R.A. No. 9009.
 Responses of Senator Pimentel made it obvious that R.A. No. 9009 would not apply to the conversion
bills then pending deliberation in the Senate during the 11th Congress.
 RA 9009 took effect when 1th Congress was incipient. Due to clear legislative intent to exempt said
municipalities in the 11th Congress, House adopted Joint Resolution 29. Senate failed to act on such
even in 12th Congress.
 Exemption clauses were ultimately incorporated into the Cityhood Laws. Express articulations of the
clear legislative intent to exempt the respondents, without exception, from the coverage of R.A. No.
9009.
 R.A. No. 9009, and, by necessity, the LGC, were amended, not by repeal but by way of the express
exemptions being embodied in the exemption clauses
 There should also be no question that the local government units covered by the Cityhood Laws belong
to a class of their own. They have proven themselves viable and capable to become component cities of
their respective provinces. They are and have been centers of trade and commerce, points of
convergence of transportation, rich havens of agricultural, mineral, and other natural resources, and
flourishing tourism spots.
 Previous income requirement of P20 million was definitely not insufficient to provide the essential
government facilities, services, and special functions vis-à-vis the population of a component city.
 increased income requirement of P100 million was not the only conclusive indicator for any municipality
to survive and remain viable as a component city.
 Imposition of 100M requirement was arbitrary.
 While the Constitution mandates that the creation of local government units must comply with the
criteria laid down in the LGC, it cannot be justified to insist that the Constitution must have to yield to
every amendment to the LGC despite such amendment imminently producing effects contrary to the
original thrusts of the LGC to promote autonomy, decentralization, countryside development, and the
concomitant national growth.
  Violated right to a just share in taxes? No. With every newly converted city becoming entitled to share
the allocation for cities, the percentage of internal revenue allotment (IRA) entitlement of each city will
decrease, although the actual amount received may be more than that received in the preceding year.

DECISION:
Ad Cautelam MR is denied with finality.