CEBU CITY -- Voting 7-6, the Supreme Court (SC) ruled this week that 16 towns that became cities in 2007 can stay as cities.
It's the fifth time the SC has ruled on the case, and the third reversal. It said the conversion of the 16 towns into cities met all legal requirements.
These 16 cities include Bogo in Cebu Province's fourth district and Carcar and Naga in the first district.
Carcar Mayor Nicepuro Apura welcomed the decision, which he heard about during a meeting of the Disaster Risk Reduction Council.
He told GMA 7's Balitang Bisdak Wednesday night he has not yet received a copy of the en banc decision, but hopes this is the SC's final word on the matter.
No copies of the decision were available as of 11 p.m. Wednesday night.
But a report posted online by the Manila Bulletin quoted Court Administrator and SC Spokesman Jose Midas Marquez as saying the vote was 7-6, in favor of the new cities.
He recalled that the first decision in November 2008 was handed down before the retirement of seven justices took effect. Their replacements were among those who handed down the succeeding rulings.
"Up until today...the votes of the justices were tight...So it's not very surprising the votes will be changing," he said.
"A change in the composition of the court can influence the succeeding decisions of the court," Marquez said.
The crucial issue is whether the 16 former towns had been exempted from an amendment in the Local Government Code. The amendment raised the required income of towns that want to become cities, from P20 million to P100 million a year.
As soon as the towns became cities, Apura said they created departments, like prosecutor's offices. In Carcar's case, their share of internal revenues will go up from the present P105 million -- as a town -- to around P250 million.
The League of Cities of the Philippines opposed the creation of new cities because it said that would mean a reduction in their own share of the internal revenues.
The league won the first round.
The SC ruled on November 18, 2008 that the 16 towns were not exempted from the new P100-million income requirement, and could not be considered cities.
It affirmed the decision in May 2009. The vote was 6-5.
At the time, the SC said: "In view of the denial of the second motion for reconsideration, no further pleadings shall be entertained. Let the entry of judgment be made in due course."
But in December 2009, the SC reversed its decision. It said that yes, the towns were exempted from the new income requirement, and the laws the made them cities were valid.
The vote was 6-4.
Nearly a year later, on August 24, 2010, the SC granted a motion for reconsideration the League of Cities filed. It reinstated its original decision that the towns should remain towns.
This week, the SC en banc went back to its ruling in December 2009. The new cities can stay cities, after all.
It said these laws were all consistent with the Constitution: Republic Act 9389 (creating Baybay City in Leyte), 9390 (Bogo City in Cebu), 9391 (Catbalogan City in Samar), 9392 (Tandag City in Surigao del Sur), 9393 (Lamitan City in Basilan), 9394 (Borongan City in Samar), 9398 (Tayabas City in Quezon), 9404 (Tabuk City in Kalinga), 9405 (Bayugan City in Agusan del Sur), 9407 (Batac City in Ilocos Norte), 9408 (Mati City in Davao Oriental), 9409 (Guihulngan City in Negros Oriental), 9434 (Cabadbaran City in Agusan del Norte), 9435 (El Salvador City in Misamis Oriental), 9436 (Carcar City in Cebu), and 9491 (Naga City in Cebu). (PNA/With RSA of Sun.Star Cebu)
