MARIANO VS.

COMELEC

FACTS:
2 cases filed assailing RA 7854 An Act Converting Municipality of Makati into A
Highly Urbanized City
Mariano et al
Suing as taxpayers only Mariano is resident of Makati, others are residents
of Manila, Taguig, Ibayo Ususan
Grounds:
1. (2) did not properly identify land area or territorial jurisdiction of
Makati by metes and bounds
v Legal Basis: Art 10 Sec 10
Section 10. No province, city, municipality, or barangay may be created,
divided, merged, abolished, or its boundary substantially altered, except
in accordance with the criteria established in the local government code
and subject to approval by a majority of the votes cast in a plebiscite in
the political units directly affected.

2. (51) attempts to alter or restart 3 consecutive term limit for local

elective officials
v Legal Basis: Art X Sec 8, Art VI sec 7
Art X Section 8. The term of office of elective local officials, except
barangay officials, which shall be determined by law, shall be three
years and no such official shall serve for more than three consecutive
terms. Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of his service for
the full term for which he was elected.

Art VI Section 7 The Members of the House of Representatives shall be

elected for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next following their
election. No Member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was electeted.
 3. (52)
v increased legislative district of Makati only by special law
(Charter) instead of a general reapportionment law to be
passed by Congress within 3 years following return of every
consensus
v increase in legislative district was not expressed in title of
bill
v addition of another legislative district is not in accord with
Art VI sec 5 (3)
(3) Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a
population of at least two hundred fifty thousand, or each
province, shall have at least one representative.
John Osmena
Suing as senator, taxpayer and concerned citizen
Same grounds

ISSUE:
W/N RA 7854 IS UNCONSTITUTIONAL

RULING
I. ART 1 SEC 2 OF RA 7854
o Comprise the present territory of Makati
o Without prejudice to resolution by appropriate agency of existing boundary
disputes between Makati and adjoining LGUs
o Petitioners
o Delineation requires metes and bounds with technical descriptions
o SC
o Boundaries must be clear
Beyond - > ultra vires
Uncertainties in bounds will cause conflict, prejudicing
peoples welfare
o Cannot perceive evil of conflicts arising because of Sec 2
Petitioners have not demonstrated confusion that may arise
 Delineation did not change land area previously covered by
Makati
Did not add, subtract, divide, or multiply the established
land area of Makati
Sec 2 specifically states "shall comprise the present territory of
the municipality."
o Congress deliberations show legitimate reason
Territorial dispute between Makati and Taguig over Fort
Bonifacio at the time of consideration of RA 7854
Sense of respect to co-equal department of government
Congress did not want to foreclose dispute by making
legislative finding of facts which could lead courts to decide
Decided not to define the land area of the proposed city
Congress has refrained from the same for other LGUs with
disputes
o OSG
Sec 7 and 450 of LGC
metes and bounds was meant merely as tool in the
establishment of local government units. It is not an end in
itself
so long as the territorial jurisdiction of a city may be
reasonably ascertained
courts will not follow letter when to do so would depart from
intent
II. ART X SEC 51 OF RA 7854
o Petitioners
o Elective officials have term of 3 years and are prohibited from serving
more than 3 consecutive terms
o New city will acquire new corporate existence, restarting term of
present elective officials and will disregard previous terms served by
them
o Jejomar Binay had already served 2 consecutive terms
 Will allow him to run for city mayor and another 3 consecutive
terms
o Conveniently crafted to suit political ambitions of Binay
o SC:
o Requirements to strike down law
there must be an actual case or controversy
the question of constitutionality must be raised by the proper
party
the constitutional question must be raised at the earliest
possible opportunity
the decision on the constitutional question must be necessary to
the determination of the case itself
o petitioners did not comply with requirements
o considering that events that petitioners contend are hypothetical (may
or may not happen eg Binay seeking reelection, Binay winning,
seeking another 3 terms), not ripened into actual controversy
o only Mariano has standing to raise this issue because others are not
residents of Makati

III. ART X SEC 52 OF RA 7854

o Petitioners:
o increased legislative district of Makati only by special law (Charter)
instead of a general reapportionment law to be passed by Congress
within 3 years following return of every consensus
o SC:
o Tobias vs Abalos
reapportionment of legislative districts may be made through a
special law, such as in the charter of a new city
o Congress shall be composed of not more than two hundred fifty (250)
members, unless otherwise fixed by law
o To hold reapportionment through only a general apportionment law
(having to review all districts allotted to each LGU nationwide) will
 deprive new city or province of legislative representation for a period of
time
Deprive people of their sovereignty
o Petitioners:
o addition of another legislative district in Makati is not in accord with
section 5(3), Article VI
o 1990 census, population is only 450,000
o SC:
o section provides that city with population of 250,000 shall have at least
one representative
o legislative district may still be increased since it has met minimum
population requirement of 250,000
o section 3 of the Ordinance appended to the Constitution provides that
a city whose population has increased to more than two hundred fifty
thousand (250,000) shall be entitled to at least one congressional
representative.
o Petitioners:
o creation of an additional legislative district in Makati should have been
expressly stated in the title of the bill
o SC:
o Tobias vs. Abalos
one title one subject liberal construction
should not exactly mirror, fully index, or completely catalogue
details
sufficient that provisions are germane to general subject

PETITION DISMISSED