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COMELEC
Facts: This are two petitions assialing some provisions of RA 7854, converting Municipality of
Makati into a City. The petitioners were all residents of Makati while the respondents were residents
of Taguig. As a concerned citizen, the petitioners files this petition.
Issue:
1. Whether or not RA 7854 delineated its land area.
2. Whether or not RA 7854 is unconstitutional.
Held:
1. Yes, in accordance with Sec.2 of Article 1 of RA 7854 which provides that the city shall
comprise the present territory of the Municipality of Makati over which has jurisdiction
bounded on the northeast by Pasig River, and beyond Mandaluyong City and Municipality of
Pasig, on the southeast of the municipalities of Pateros and Taguig, and northwest of Manila.
The provision shall be without prejudice to appropriate agency's resolution or forum of
existing boundary disputes or questions involving territorial jurisdiction between other local
gov't units. The boundaries are clear because it can legitimately exercise powers of gov't not
only wihtin the limits of its territorial jurisdiction. Beyond these limits, its acts are ultra vires
or beyond the powers.
The requirements mentioned in Sec. 7 and 459 of Local Gov't Code – metes and bounds, with
technical descriptions – meant merely as tool in the establishment of local gov't units. Laws must be
enforced when ascertained, although it may not be consistent with the strict letter of the statute.
2. No, Sec 51 of Article of RA 7854 states the continuity of officials of Municipality of Makati
until the new election is held provided that the new city will acquire a new corporate
existence. Petitioners alleged the unconstitutionality of the Sec 51 due to Sec. 8 Article 10,
which provides that no such official shall serve for more than 3 consecutive terms, and Sec
7 of Article 6, members of HOR shall be elected for a term of 3 yearswhich shall begin,
unless otehrwise provided, on the noon of June 30, of the Constitution, and that this will suit
the political ambition of respondent, Mayor Binat who will run for city mayor.
The court does not entertain the petitioner's contention due to lack of requisites in challegeing the
constitutionality of the provision such as:
a. there must be an actual case or controcersy
b. the question of constitutionality must be raised by the proper party
c. constitutional question must be raised at the earliest possible oppurtunity
d. the decision on the questioned consitutionality must be determinitive of the case.
Sec 52 of Article 10 of RA 7854 provides for the proposal of having 2 legislative districts
and the distribution of the barangays. Petitioners contends the reapportionemnt cannot be made by
special law, addition of legislative district isnot expressed in the title of the bill and Makati's
population, 1990 census, was inly 450, 000. In Tobias vs. Abalos, it clearly stated that the
Constitution had already paved way with the clause “unless otherwise fixed by law” the number of
the member of HOR which is not more that 250. The Consitution also provides that a city whose
population has increased to more than 250, 000 shall be entitled to at least 1 congressional
representative.
Petition is dismissed