Mariano v. Comelec Digest

Subject Matter:Requisites of Judicial Review; Prematurity Relevant Codal Provisions/Doctrine (if given): Sec. 10, Article X (19! Constit"tion): Sec.! # $%0 of &ocal 'overnent Code: Sec.  Article X (19! Constit"tion): Sec. ! Article * (19! Constit"tion): Sec. %(+) Article * (19! Constit"tion):  Juanito Mariano, Jr.,et. Jr.,et. al.,petitioners al.,petitioners v. Commission of Elections, Municipality of Makati, Hon. Jejomar Jejomar Binay,  Municipal Treasurer Treasurer,, and Sangguniang Bayan of Makati, Makati, respondents '.R. -. 11%!! /  SCRA  / ! arc 199% Ponente: P"no, . Facts: 

This is a petition for prohibition and declaratory relief filed by Juanito Mariano, Jr., Ligaya Bautista, Teresita Tibay, Camilo Santos, Frankie Cruz, Ricardo Pascual, Teresita Abang, Valentina Pitalvero,

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Rufino Caldoza, Florante Alba and Perfecto Alba filed  They assail sections 2, 51, and 52 of RA no. 7854 (An Act Converting the Municpality of Makati

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Into a Highly Urbanized City to be known as the City of Makati) as unconstitutional. Only Mariano was a resident of Makati, others are residents of Ibayo Ususan, Taguig, Metro Manila but are suing as taxpayers. RA no. 7854 provisions  Sec. 2 The City of Makati.

Violates … of 1987 Constitution Sec. 10 Article X – No province, city, municipality,

— The Municipality of Makati shall be converted

or bara barang ngay ay may may be crea create ted, d, divi divide ded, d, merg merged ed,,

into a highly urbanized city to be known as the City

aboli abolishe shed, d, or its bounda boundary ry substa substantia ntially lly altere altered, d,

of Makati, hereinafter referred to as the City, which

except in accordance with the criteria established

shal shalll comp compri rise se the the pres presen entt terr territ itor ory y of the the

in the the loc local gove overnme rnment nt code ode and and subj subjec ectt to

Munici Municipal pality ity of Makati Makati in Metropolit Metropolitan an Manila

approval by majority of the votes cast in a plebiscite

Area over which it has jurisdiction bounded on the

in the political units directly affected.

northeast by Pasig River and beyond by the City of  Mandaluyong and the Municipality of Pasig; on the

Sec. 7 of LG code

sout southe heas astt by the the muni munici cipa pali litie tiess of Pate Patero ross and and Taguig; on the southwest by the City of Pasay and

Sec. 450 of LG code

the Municipality of Taguig; and, on the northwest, by the City of Manila. Sec. 51. Officials of the City of Makati. —

The

represent

elective

officials

Sec. of

7.

The

Members

of

the

House

o

the

Representatives shall be elected for a term of three

shalll cont contin inue ue as the the Muni Munici cipa pali lity ty of Maka Makati ti shal

years, which shall begin, unless otherwise provided

officials of the City of Makati and shall exercise

by law, at noon on the thirtieth day of June next

their powers and functions until such time that a

following their election.

new election is held  and the duly elected officials

shall have already qualified and assume their offices: Provided, The new city will acquire a new corporate

Sec. 8. The term of office of elective local officials, except barangay officials, which shall be determined

existence. The appointive officials and employees of  by law, shall be three years and no such official shall the City shall likewise continue exercising their

serve for more than three consecutive terms.

functions and duties and the city government of the

Voluntary renunciation of the office for any length

City of Makati shall automatically absorb them.

of time shall not be considered as an interruption in the continuity of his service for the full term for

Sec. 52 Legislative districts

which he was elected. Sec. 5 Article VI

-- …shall thereafter have at least 2 legislative

provides that the Congress may be comprised of not

districts that shall initially correspond to the 2

more than two hundred fifty members, unless

existing districts.

otherwise provided by law .

Additional seats in congress.

Issue/s:

2- sections 3, %1, and %3 of RA no. !%$ are "nconstit"tional. Holding:

4e co"rt finds no erit in te 5etition. 1. Petitioners ave not deonstrated tat delineation ade in Section 3 of R.A. o. !%$ 6ill ca"se conf"sion as to its 7o"ndaries. Delineation did not cange te land area 5revio"sl8 covered 78 aati as "nici5alit8, sall co5rise te 5resent territor8 of te "nici5alit8.; &and area 6as not 5ro5osed 78 etes and 7o"nds as at te tie RA no. !%$ 6as considered< tere 6as a territorial dis5"te 7et6een aati and 4ag"ig. -"t of 7ecoing a sense of res5ect to co=e>"al de5artent of  governent, legislators felt tat te dis5"te so"ld 7e left to te co"rts to decide. 4"s, constit"tionalit8 of  sec. 3 of RA !%$ cannot 8et 7e decided. 3. SC cannot entertain te callenge to te constit"tionalit8 of sec. %1 of RA no. !%$ 7ased on te 5etitioners contention. Petitioners 5ointed o"t tat sec. %1 6ere crafted to s"it 5olitical a7itions inc"7ent a8or, e?oar @ina8 as e co"ld 5ossi7l8 r"n for te sae 5osition and see anoter tree=8ear consec"tive ter. Petitioners 5osed 85otetical iss"e, not an act"al case or controvers8. Also, 5etitioners are not 5ro5er 5arties to raise tis a7stract iss"e as te8 are residents of 4ag"ig. +. Callenge to sec. %3 6as laid to rest in te case of 4o7ias v. A7alos 6ic r"led tat rea55ortionent of  legislative districts a8 7e ade tro"g a s5ecial la6. Dispositive: Petition disissed, no costs. Dissents: Concurring:

Davide, r.,  •

Sec. 10 of article X re>"ires criteria esta7lised in te local governent code;. 4ese criteria are set fort in

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section sec. ! of &ocal 'overnent Code 1991 (RA !10). Bail"re to descri7e territorial 7o"ndaries 78 etes and 7o"nds does not ae RA !%$ "nconstitional as

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constit"tion does not 5rovide a descri5tion 78 etes and 7o"nds. *ncrease in te n"7er of legislative seats for Cit8 of aati is a 5erissi7le ca"se "nder sec. 1 # + of te ordinance a55ended to te Constit"tion.

Notes: Judicial review – 5o6er of co"rt to test validit8 of legislative and eec"tive acts in ligt of teir conforit8 to

constit"tion as an e5ression of te s"5reac8 of te constit"tion. Re>"isite of "dicial Revie6: 1.) Act"al case or controvers8= a conflict of legal rigts, an assertion of o55osite legal clais s"sce5ti7le of ?"dicial deterination. 3.) Constit"tional >"estion "st 7e raised 78 te 5ro5er 5art8. 4e 5art8 7eing te one 6o as s"stained or is in iinent danger of s"staining an in?"r8 as a res"lt of te act co5lained of. +.) Constit"tional >"estion "st 7e raised at te earliest o55ort"nit8. $.) Deterination of constit"tionalit8 of te stat"te "st 7e necessar8 to a final deterination of te case.