G.R. No. 133076 - Samson vs. Aguirre

On February 23, 1998, President Fidel V. Ramos signed into law Republic Act No. 8535 which created the City of Novaliches from 15 barangays of Quezon City.
The creation entailed the reorganization of a portion of Quezon City into a new local government unit, following the requisites set forth by the Local Government Code of 1991.

Petitioner Moises S. Samson, an incumbent councilor of Quezon City’s first district, filed a petition challenging the constitutionality of R.A. No. 8535.
Samson alleged that the law failed to meet the statutory requirements on income, population, land area, and the specification of the seat of government as mandated by the Local Government Code, particularly Sections 7, 11(a), and 450(a).
He also contended that the enactment of the law effectively amounted to an unconstitutional amendment of the Constitution.
The petitioner sought to enjoin the Executive Secretary, the Commission on Elections (COMELEC), and the Department of Budget and Management from implementing actions related to the law, including the holding of a plebiscite.

The petitioner argued that during the legislative deliberations, particularly in the public hearings conducted by the Senate Committee on Local Government (held on October 3 and 27, 1997), no certifications were provided to Congress regarding the compliance with income, population, and land area requirements.
He further pointed out that there was a lack of written certifications to prove that the proposed City of Novaliches would not adversely affect the mother LGU, Quezon City, in these aspects.
No evidence was presented by the petitioner concerning the absence of required certifications during the hearings in the House of Representatives.

Respondents, represented by the Office of the Solicitor General, argued that the petitioner failed to substantiate his allegations with convincing and concrete proof.
They maintained that the law, presumed valid based on the regular congressional process, complied with the statutory requisites required under the Local Government Code.
Officials from various government agencies such as the National Statistics Office, Bureau of Local Government Finance, and Land Management Bureau were present during the hearings and provided oral affirmations supported by official statistics and reference materials.
The respondents contended that such oral testimonies and submissions during public hearings were sufficient to meet the certification requirements prescribed by law.

Whether Republic Act No. 8535 complied with the statutory requisites for the creation of a city as provided by the Local Government Code of 1991.

Specifically, whether the law met the requirements of income, population, or land area, as mandated by Section 7 and Article 11 of the Code.
Whether the absence of a specified seat of government in R.A. No. 8535 renders the law unconstitutional.

Whether the enactment of R.A. No. 8535 amounts to an unauthorized or unconstitutional amendment of the Constitution.

The petitioner claimed that creating the City of Novaliches would effectively alter the constitutional allocation of legislative representation.
The issue also encompasses whether the inclusion of a new city would require a constitutional amendment regarding the apportionment of legislative districts.

Whether the absence of written certifications during the congressional deliberations invalidates the passage of the law.

The petitioner questioned if the lack of such documentation contravened the statutory procedures laid down by the Local Government Code.
The issue extends to when and how the legal presumption of compliance with all requisites is overcome.