Case Digest (G.R. No. 112497) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Drilon v. Lim, G.R. No. 112497, decided on August 4, 1994 under the 1987 Constitution, Secretary of Justice Franklin M. Drilon, as petitioner, questioned the validity of Section 187 of the Local Government Code and the procedural regularity in the enactment of Ordinance No. 7794 (Manila Revenue Code) by the City of Manila, represented by Mayor Alfredo S. Lim, Vice-Mayor Jose L. Atienza, City Treasurer Anthony Acevedo, and the Sangguniang Panlungsod. Upon appeal by four oil companies and a taxpayer, Secretary Drilon declared the Manila Revenue Code null and void for non-compliance with mandatory public-hearing notices, publication requirements, posting, and translation obligations, as well as for containing ultra vires provisions. The City of Manila sought certiorari relief in the Regional Trial Court (RTC) of Manila, which revoked the Secretary’s resolution, upheld the ordinance, and struck down Section 187 as unconstitutional for vesting in the Secretary of Justice a power o Case Digest (G.R. No. 112497) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Statutory Provision
- Section 187, Local Government Code (LGC)
- Requires public hearings prior to enactment of local tax ordinances and revenue measures.
- Allows aggrieved parties to appeal within 30 days from effectivity to the Secretary of Justice, who must decide within 60 days without suspending effectivity.
- Provides right to judicial proceedings 30 days after Secretary’s decision or lapse of the 60-day period.
- Implementing Rules (Art. 276 LGC; Sec. 511; Sec. 59)
- Written notices and minutes of hearings.
- Publication in three successive issues of a newspaper of general circulation.
- Posting of approved ordinances and translation requirements (where applicable).
- Administrative Proceedings
- Appeal by four oil companies and a taxpayer against Manila Ordinance No. 7794 (Manila Revenue Code).
- Secretary of Justice Drilon declared the ordinance null and void for:
- Non-compliance with procedural requirements.
- Inclusion of provisions ultra vires or contrary to law and public policy.
- Trial Court Proceedings (RTC Manila)
- City of Manila filed certiorari to annul Sec. Drilon’s resolution.
- RTC held that:
- Procedural requirements had been observed.
- Section 187 LGC was unconstitutional—vested “control” power in the Secretary of Justice, infringing local autonomy and exceeding presidential “supervision” power under the Constitution.
- Supreme Court Proceedings
- Petition for review filed by Secretary of Justice after reinstatement of petition.
- SC emphasized:
- Jurisdiction of lower courts to test constitutionality.
- Presumption of constitutionality and deference to legislative and executive judgments.
- SC took judicial notice of exhibits submitted below to determine compliance with procedural requirements.
Issues:
- Whether Section 187 of the Local Government Code is constitutional or impermissibly vests the Secretary of Justice with “control” over local governments in violation of local autonomy.
- Whether the City of Manila complied with the procedural requirements for enactment of the Manila Revenue Code (Ordinance No. 7794).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)