Case Digest (G.R. No. 192285)
Facts:
In Municipality of Malabang, Lanao del Sur, and Amer Macaorao Balindong v. Pangandapun Benito, et al. (G.R. No. L-28113, March 28, 1969), the petitioners are the Municipality of Malabang and its mayor, Amer Macaorao Balindong, while the respondents are Pangandapun Benito, mayor of Balabagan, and the municipal councilors Hadji Norodin Macapunung, Hadji Hasan Macarampad, Frederick V. Dujerte, Modaco Ontal, Maronsong Andoy, and Macalaba Indar Lao. On March 15, 1960, President Carlos P. Garcia issued Executive Order No. 386 creating the Municipality of Balabagan out of several barrios and sitios formerly under Malabang. The petitioners filed an original action for prohibition before the Supreme Court, seeking to nullify EO 386 and to enjoin the respondents from exercising municipal functions. They relied on Pelaez v. Auditor General and Municipality of San Joaquin v. Siva, which had held that the President’s power under section 68 of the Revised Administrative Code to create municipCase Digest (G.R. No. 192285)
Facts:
- Parties and Context
- Petitioners: The Municipality of Malabang, Lanao del Sur, and its mayor, Amer Macaorao Balindong.
- Respondents: The Municipality of Balabagan, Lanao del Sur—its mayor, Pangandapun Benito, and councilors Hadji Norodin Macapunang, Hadji Hasan Macarampad, Frederick V. Dujerte, Modaco Ontal, Maronsong Andoy, and Macalaba Indar Lao.
- Creation of Balabagan
- Executive Order No. 386 (March 15, 1960) by President Carlos P. Garcia carved Balabagan out of barrios and sitios of Malabang (including Barorao, Baguiangan, Kalilangan, Balabagan, Itil, Banago, Budas, Igabay, Magolalong, Dagoan, Matimus, Bongabon, and Lusain).
- Following the EO, Balabagan’s municipal officials were either elected or appointed, and the municipality discharged corporate functions for about five years.
- Proceedings Below
- Petitioners filed for a writ of prohibition to nullify EO 386 and enjoin respondents from exercising official functions, invoking Pelaez v. Auditor General and Municipality of San Joaquin v. Siva.
- Respondents conceded the facts but argued that Balabagan is at least a de facto municipal corporation—organized under color of statute, filling offices, and discharging functions—and thus immune from collateral attack except by the State in quo warranto.
Issues:
- De Facto Corporation Status
- Can Balabagan be deemed a de facto municipal corporation solely by virtue of EO 386, enacted before Pelaez?
- Does an unconstitutional statute ever confer color of authority sufficient to create a de facto municipal corporation?
- Validity of Executive Order No. 386
- Was Section 68 of the Administrative Code—purporting to grant the President power to create municipalities—unconstitutional for undue delegation and for contravening Art. VII, Sec. 10(1) of the Constitution?
- If Section 68 is void, does EO 386 create any valid municipal corporation or office?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)