Case Digest (G.R. No. 118577)
Facts:
In Juanito Mariano, Jr., et al. v. Commission on Elections, Municipality of Makati, et al. (G.R. No. 118577) and John R. Osmeña v. Commission on Elections, Municipality of Makati, et al. (G.R. No. 118627), decided on March 7, 1995, petitioners challenged sections 2, 51, and 52 of Republic Act No. 7854, “An Act Converting the Municipality of Makati Into a Highly Urbanized City to be Known as the City of Makati.” In G.R. No. 118577, Juanito Mariano, Jr. (a Makati resident) and nine taxpayers from Ibayo Ususan, Taguig, sued as taxpayers for prohibition and declaratory relief, alleging that: (a) Section 2 failed to define Makati’s territorial jurisdiction by metes and bounds in violation of Section 10, Article X of the 1987 Constitution and Sections 7 and 450 of the Local Government Code; (b) Section 51 improperly restarted the three-term limit on local elective officials in breach of Section 8, Article X and Section 7, Article VI of the Constitution; and (c) Section 52 unconstitutiCase Digest (G.R. No. 118577)
Facts:
- Parties and petitions
- G.R. No. 118577
- Petitioners: Juanito Mariano, Jr. (resident of Makati) and nine (9) other taxpayers (residents of Ibayo Ususan, Taguig)
- Respondents: Commission on Elections; Municipality of Makati; Hon. Jejomar Binay, Municipal Treasurer; Sangguniang Bayan of Makati
- Relief sought: Prohibition and declaratory relief to annul sections 2, 51, and 52 of R.A. No. 7854
- G.R. No. 118627
- Petitioner: Senator John H. Osmena, as senator, taxpayer, concerned citizen
- Respondents: same as in G.R. No. 118577
- Relief sought: Declaratory relief against section 52 of R.A. No. 7854
- Challenged provisions of R.A. No. 7854 (charter of the City of Makati)
- Section 2 – Territorial description without metes and bounds, defining the new city’s area by reference to the municipality’s present territory and adjoining local government units
- Section 51 – Continuation of incumbent municipal elective and appointive officials in the new city government, “acquiring a new corporate existence”
- Section 52 – Creation of at least two legislative districts by special law; reallocation of barangays between districts
- Legal and factual context
- Republic Act No. 7854 (March 7, 1995) converting Makati into a highly urbanized city
- Ongoing boundary dispute between Makati and Taguig over Fort Bonifacio during congressional deliberations
- Applicable constitutional and statutory provisions:
- Constitution, Art. X, Sec. 10; LGC §§ 7 and 450 (metes and bounds requirement)
- Constitution, Art. X, Sec. 8; Art. VI, Sec. 7 (term limits)
- Constitution, Art. VI, Secs. 5(3), 5(4), and 26(1) (legislative districts and title requirement)
Issues:
- Does Section 2 of R.A. No. 7854 violate the Constitution (Art. X, Sec. 10) and the Local Government Code (Secs. 7 and 450) by failing to describe Makati’s boundaries in metes and bounds with technical descriptions?
- Does Section 51 of R.A. No. 7854 impermissibly restart the three-consecutive-term limit for local elective officials, in violation of the Constitution (Art. X, Sec. 8; Art. VI, Sec. 7)?
- Does Section 52 of R.A. No. 7854 unconstitutionally:
- Reapportion legislative districts by special law rather than a general reapportionment law (Art. VI, Sec. 5(4))?
- Fail the one-subject-one-title rule (Art. VI, Sec. 26(1))?
- Contravene the population requirement for additional representation (Art. VI, Sec. 5(3))?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)