Subject Matter:Requisites of Judicial Review; Prematurity

Relevant Codal Provisions/Doctrine (if given):

Sec. 10, Article X (1987 Constitution):
Sec.7 & 450 of Local Government Code:
Sec. 8 Article X (1987 Constitution):
Sec. 7 Article VI (1987 Constitution):
Sec. 5(3) Article VI (1987 Constitution):
Juanito Mariano, Jr.,et. al.,petitioners v. Commission of Elections, Municipality of Makati, Hon. Jejomar Binay,
Municipal Treasurer, and Sangguniang Bayan of Makati, respondents
G.R. NO. 118577 / xx SCRA xx / 7 March 1995
Ponente: Puno, J.
Facts:

ThisisapetitionforprohibitionanddeclaratoryrelieffiledbyJuanitoMariano,Jr.,LigayaBautista,
TeresitaTibay,CamiloSantos,FrankieCruz,RicardoPascual,TeresitaAbang,ValentinaPitalvero,
RufinoCaldoza,FloranteAlbaandPerfectoAlbafiled
Theyassailsections2,51,and52ofRAno.7854(AnActConvertingtheMunicpalityofMakati
IntoaHighlyUrbanizedCitytobeknownastheCityofMakati)asunconstitutional.
OnlyMarianowasaresidentofMakati,othersareresidentsofIbayoUsusan,Taguig,MetroManila
butaresuingastaxpayers.
RAno.7854provisions
Sec.2TheCityofMakati.
TheMunicipalityofMakatishallbeconverted
intoahighlyurbanizedcitytobeknownastheCity
ofMakati,hereinafterreferredtoastheCity,which

Violatesof1987Constitution
Sec.10ArticleXNoprovince,city,municipality,
or barangay may be created, divided, merged,
abolished, or its boundary substantially altered,
exceptinaccordancewiththecriteriaestablished

shall comprise the present territory of the in the local government code and subject to
Municipality of Makati in Metropolitan Manila approvalbymajorityofthevotescastinaplebiscite
Areaoverwhichithasjurisdictionboundedonthe inthepoliticalunitsdirectlyaffected.
northeastbyPasigRiverandbeyondbytheCityof
MandaluyongandtheMunicipalityofPasig;onthe
southeast by the municipalities of Pateros and
Taguig;onthesouthwestbytheCityofPasayand
theMunicipalityofTaguig;and,onthenorthwest,
bytheCityofManila.
Sec.51.OfficialsoftheCityofMakati.
The represent elective officials of the
Municipality of Makati shall continue as the

Sec.7ofLGcode
Sec.450ofLGcode

Sec. 7. The Members of the House of

Representativesshallbeelectedforatermofthree
years,whichshallbegin,unlessotherwiseprovided
officialsoftheCityofMakatiandshallexercise by law, at noon on the thirtieth day of June next
theirpowersandfunctionsuntilsuchtimethata followingtheirelection.
newelectionisheld andthedulyelectedofficials
shallhavealreadyqualifiedandassumetheiroffices: Sec.8.Thetermofofficeofelectivelocalofficials,
Provided,Thenewcitywillacquireanewcorporate exceptbarangayofficials,whichshallbedetermined

existence.Theappointiveofficialsandemployeesof
the City shall likewise continue exercising their
functionsanddutiesandthecitygovernmentofthe
CityofMakatishallautomaticallyabsorbthem.

bylaw,shallbethreeyearsandnosuchofficialshall
serve for more than three consecutive terms.
Voluntaryrenunciationoftheofficeforanylength
oftimeshallnotbeconsideredasaninterruptionin
the continuity of his service for the full term for
whichhewaselected.
Sec.52Legislativedistricts
Sec.5ArticleVI
shall thereafter have at least 2 legislative providesthattheCongressmaybecomprisedofnot
districts that shall initially correspond to the 2 more than two hundred fifty members, unless
existingdistricts.
otherwiseprovidedbylaw.
Additionalseatsincongress.

Issue/s:
WON sections 2, 51, and 52 of RA no. 7854 are unconstitutional.
Holding:
The court finds no merit in the petition.
1. Petitioners have not demonstrated that delineation made in Section 2 of R.A. No. 7854 will cause confusion as
to its boundaries. Delineation did not change the land area previously covered by Makati as municipality,
shall comprise the present territory of the municipality.
Land area was not proposed by metes and bounds as at the time RA no. 7854 was considered; there was a
territorial dispute between Makati and Taguig. Out of becoming a sense of respect to co-equal department of
government, legislators felt that the dispute should be left to the courts to decide. Thus, constitutionality of
sec. 2 of RA 7854 cannot yet be decided.
2. SC cannot entertain the challenge to the constitutionality of sec. 51 of RA no. 7854 based on the petitioners
contention. Petitioners pointed out that sec. 51 were crafted to suit political ambitions incumbent Mayor,
Jejomar Binay as he could possibly run for the same position and seek another three-year consecutive term.
Petitioners posed hypothetical issue, not an actual case or controversy.
Also, petitioners are not proper parties to raise this abstract issue as they are residents of Taguig.
3. Challenge to sec. 52 was laid to rest in the case of Tobias v. Abalos which ruled that reapportionment of
legislative districts may be made through a special law.
Dispositive: Petition dismissed, no costs.
Dissents:
Concurring:
Davide, Jr., J
Sec. 10 of article X requires criteria established in the local government code. These criteria are set forth in
section sec. 7 of Local Government Code 1991 (RA 7160).
Failure to describe territorial boundaries by metes and bounds does not make RA 7854 unconstitional as
constitution does not provide a description by metes and bounds.
Increase in the number of legislative seats for City of Makati is a permissible cause under sec. 1 & 3 of the
ordinance appended to the Constitution.

Notes:
Judicial review power of court to test validity of legislative and executive acts in light of their conformity to
constitution as an expression of the supremacy of the constitution.
Requisite of Judicial Review:
1.) Actual case or controversy- a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial
determination.
2.) Constitutional question must be raised by the proper party. The party being the one who has sustained or is in
imminent danger of sustaining an injury as a result of the act complained of.
3.) Constitutional question must be raised at the earliest opportunity.
4.) Determination of constitutionality of the statute must be necessary to a final determination of the case.