Samson v. Aguirre | G.R. No. 133076 | September 22, 1999 | Quisumbing, J.

Petitioners: Moises S. Samson – Councilor, 1st District of Quezon City

Respondents: Exec. Sec. Alexander Aguirre, COMELEC, and DBM

SUMMARY: Petitioner Samson challenges the constitutionality of RA 8535 (which created the City of Novaliches). He avers
that the enactment of the law did not comply with the requirement of the LGC that certifications be issued showing that
the proposed city reached the threshold for annual income, population, and land area. The Court dismissed the petition
and found that RA 8535 had complied with all the requirements of the LGC, ruling that the attestation of certain officials
before Senate proceedings regarding Novaliches’ income and demographic statistics amounted to compliance.

FACTS:

 Feb. 23, 1998: Pres. Ramos signed RA 8535, creating the City of Novaliches out of 15 barangays of Quezon City.
 Petitioner filed this petition before the Court seeking to enjoin the Executive Secretary from implementing RA
8535, the COMELEC from holding a plebiscite for the creation of Novaliches City, and the DBM from disbursing
funds for the said plebiscite.
 Petitioner’s arguments:
o RA 8535 failed to conform to the requirements of Sec. 7, LGC and Art. 11(b)(1),(2) of the IRR.
 According to these provisions, for a certain geographic unit to become a city, it must have an
annual income of at least P20 million and a population of at least 150,000 or a contiguous land
area of at least 100sq.km. (except when the proposed city is composed of islands).
 These parameters should be certified by the DOF (as to its income) and the NSO (as to its
population) or the DENR (as to its land area). The law also requires a certification from the
affected LGU stating that the creation of the new city from its territory would not adversely
affect that LGU.
 According to petitioner, there was no certification presented from the DOF and NSO or DENR
during the Senate deliberations for the passage of RA 8535, as evidenced by the minutes.
However, he was silent as to the House of Representatives deliberations. He also claims that
Quezon City, the affected LGU, never issued a certification as required by law.
o The law also failed to provide for a specific seat of government as required by Sec. 11 (a), LGC.
o RA 8535 was violative of the 1987 Constitution insofar as the ordinance appended to it states that
Metro Manila shall be composed of 17 cities and municipalities; thus, in creating a new city, the law will
amend the Constitution.
 Respondents’ arguments:
o Petitioner failed to substantiate his allegations with convincing proof. As every statute is presumed
valid, he failed to discharge the burden of proof to overcome the presumption that Congress considered
all the requirements under the LGC in passing RA 8535.

ISSUES + RULING:

1. W/N RA 8535 complied with the requirements of the LGC in the creation of Novaliches City. YES

o Representatives from the DOF, DBM, NSO and DENR, acting in their official capacities, attested before
the Senate to the compliance of Novaliches, using official statistics, with the parameters required by the
LGC. Their official statements could serve the same purpose contemplated by the law requiring
certification.
 Income: The average combined income for 1995 and 1996 of the 13 barangays to be extricated
from Quezon City to form Novaliches was P26 million.
 Population: The population of the proposed city was already at 347,310.
 Land Area: To inquire about the land area is unnecessary since the Local Government Code
requires compliance with the income requirement, and the population or land area
requirement.
 o Moreover, it is also inaccurate to allege that Quezon City did not issue a certification when its Mayor,
Ismael Mathay, was present in the Senate proceedings. It is true, as claimed by Samson, that Mathay
was only present to ensure that the plebiscite would include all Quezon City residents. However, as
Mayor, he could have manifested any adverse effect by the law on Quezon City, which he did not do.
o That the Quezon City Council was not issued a copy of the petition of barangays calling for the creation
of Novaliches also did not invalidate RA 8535. The purpose of that requirement is to inform the city
council of the move to create another city. The city council cannot deny that it was not informed when
the matter has been widely publicized in the mass media.
o As for the requirement to set up a government center, the LGC allows for its provision after the creation
of the new city.

2. W/N RA 8353 is unconstitutional. NO

o Victoriano v. Elizalde Rope Workers Union: A statute is (liberally) presumed to be constitutional. A

person who attacks it must prove its invalidity beyond reasonable doubt. When there is reasonable basis
that supports the statute, the Court must uphold it.
 Petitioner failed to present clear and convincing evidence to defeat the presumption of
constitutionality enjoyed by RA 8535.
o The proposed creation of the City of Novaliches will in no way result in a prohibited amendment of the
Constitution, contrary to petitioner’s contention.
 The ordinance appended to the Constitution merely apportions the seats of the House of
Representatives to the different legislative districts in the country.
 Nowhere in the Constitution does it provide that Metro Manila shall be forever composed of 17
cities and municipalities.

Disposition: Petition dismissed.