Title
Municipality of San Narciso, Quezon vs. Mendez Sr.
Case
G.R. No. 103702
Decision Date
Dec 6, 1994
San Narciso challenged San Andres' 1959 creation via quo warranto, alleging unconstitutional executive order. SC dismissed, citing San Andres' de facto status, Local Government Code's curative effect, and untimely petition.

Case Summary (G.R. No. 126858)

Petitioner’s Claim and Prayer

The Municipality of San Narciso filed a quo warranto petition in June 1989 seeking:

  1. Nullification of Executive Order No. 353 (creating San Andres municipal district).
  2. Permanent injunction barring San Andres officials from exercising municipal functions.

Respondents’ Defenses

• Estoppel: San Narciso initially requested the creation of San Andres (Resolution No. 8, May 1959).
• Laches and de facto status: San Andres has functioned as a municipality since 1959.
• Improper party: Quo warranto prerogative belongs to the State (Solicitor General).
• Mootness: Republic Act No. 7160 (Local Government Code, 1991) constitutionally validated existing municipal districts under Section 442(d).

Key Dates

• August 20, 1959: EO 353 issues, creating San Andres municipal district.
• October 5, 1965: EO 174 recognizes San Andres as a fifth‐class municipality, effective July 1, 1963.
• June 5, 1989: Petition for quo warranto filed.
• July 18, 1991: RTC defers dismissal motions; denies judgment on pleadings.
• November 27, 1991: San Andres moves to dismiss as moot under RA 7160.
• December 2, 1991: RTC dismisses petition for lack of cause of action; recognizes RA 7160 cure.
• January 17, 1992: RTC denies reconsideration.
• December 6, 1994: Supreme Court decision.

Applicable Law

• 1987 Philippine Constitution (separation of powers, Article VI).
• Revised Administrative Code, Art. VI, Ch. 64 (then in force).
• Republic Act No. 1515 (classification of municipal districts).
• Republic Act No. 7160 (Local Government Code of 1991), Sec. 442(d).
• Rules of Court, Rules 42, 45 (certiorari); Rules 65/66 (quo warranto).

Facts

  1. San Narciso sought segregation of six barrios to improve local development (Resolution No. 8, May 1959).
  2. President Garcia issued EO 353 (Aug. 20, 1959), creating San Andres as a municipal district.
  3. President Macapagal’s EO 174 (Oct. 5, 1965) elevated it to a fifth‐class municipality under RA 1515.
  4. San Andres consistently operated with elected officials, generated revenues, and featured in judicial reorganization and legislative apportionment.

Procedural History

• RTC Branch 62 initially delayed dismissal, then granted San Andres’s motion, finding the petition moot and that RA 7160 cured any defect.
• RTC held that municipal‐district defects were cured by the Local Government Code’s retrospective validation.

Issues

  1. Can a municipal entity, created by an allegedly unconstitutional executive order, have its existence challenged by quo warranto after decades of operation?
  2. Does Section 442(d) of RA 7160 validly cure any constitutional defect under the 1987 Constitution’s separation of powers?
  3. Is San Narciso a proper party to invoke quo warranto against a municipal district?

Supreme Court Ruling

The petition was dismissed. San Andres is now a de jure municipality.

Rationale

  1. Timeliness and Laches: A quo warranto challenge must be timely. San Narciso waited nearly thirty years before filing. Public interest and stability demand prompt challenges.
  2. De Facto and De Jure Recognition: Continuous exercise of municipal powers, classification under RA 1515, judicial reorganization assignments, and legislative apportionment demonstrate State recognition. Such long‐st

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