After reversing its decision on the issue thrice since 2008, the Supreme Court (SC) on Tuesday ruled with finality that 16 towns can be declared as cities without complying with the P100-million annual income requirement imposed by the Local Government Code (LGC). Majority of SC justices denied with finality the appeal of the League of Cities of the Philippines (LCP), which is seeking to block the conversion of the towns into cities, according to an SC official who spoke on the condition of anonymity. The high court's magistrates are holding their en banc summer sessions in Baguio City. The creation of the 16 new cities means that the national government’s Internal Revenue Allotment for 122 existing cities will be reduced. The LCP had asked the Supreme Court to reverse its Feb. 15, 2011 ruling which said that the laws creating the towns as cities are constitutional. It is unclear whether the LCP can file another motion for reconsideration, but the Rules of Court prohibit the filing of second motions for reconsideration once a ruling becomes final. Section 5, Rule 27 states that "No party shall be allowed a second motion for reconsideration of a judgment or final order." In their appeal, the LCP asked the court to reinstate the following local governments as towns again:
- Lamitan in Basilan;
- Baybay in Leyte;
- Bogo in Cebu;
- Catbalogan in Samar
- Tandag in Surigao del Sur;
- Borongan in Samar;
- Tayabas in Quezon;
- Tabuk in Kalinga;
- Bayugan in Agusan del Sur;
- Batac in Ilocos Norte;
- Mati in Davao Oriental;
- Guihulngan in Negros Oriental;
- Cabadbaran in Agusan del Norte;
- El Salvador in Misamis Oriental;
- Carcar in Cebu; and
- Naga in Cebu.
Flip-flopping court The high court has been criticized for its supposed instability in deciding on the constitutionality of the cityhood laws. In a full-page paid ad on a major daily on Tuesday, the LCP questioned the SC's final ruling on the cityhood issue. Among the arguments the group cited for its opposition is that none of the 16 municipalities meet the income criteria set by the Constitution and the Local Government Code. The group further cited that one of the 16 municipalities – El Salvador, Misamis Oriental – does not even meet any requirements. The court’s Feb. 15, 2011 ruling is its fourth judgment on the cityhood case. The first decision was rendered on Nov. 18, 2008, declaring as unconstitutional several laws converting the municipalities into cities. The second decision was made on Dec. 21, 2009, reversing the Nov. 2008 decision and ruling that the towns can be declared as cities. Last Aug. 24, 2010, the Supreme Court made its second reversal and reinstated its Nov. 2008 decision. In its latest ruling, the high court made another reversal and granted the appeal of the 16 municipalities, which are now cities once again. But the LCP, in its motion for reconsideration, said despite the clear pronouncement that the Nov. 18, 2008 decision was already final and executory, respondent municipalities still filed another motion for reconsideration appealing the Aug. 24, 2010 decision that was in favor of the LCP.
Legal battle The SC has ruled that the 16 cityhood laws exempted the municipalities from the P100 million annual income requirement mandated by Section 450 of the the Local Government Code. The 16 laws being questioned only imposed a minimum annual revenue of P20 million. The LCP maintained that the 16 cityhood laws violated the 1987 Constitution because the 16 towns were declared as cities even if these have not met the P100-million annual revenue allotment required by the LGC. The 1987 Constitution provides that the creation of local government units must comply with the criteria established by the LGC. Section 10, Article X of the Constitution says that no city “may be created, divided, merged or abolished or its boundary substantially altered, except in accordance with the criteria established by the Local Government Code." In its motion for reconsideration, the LCP also said it was unfair that the 16 new cities only had to meet the P20-million annual revenue requirement when five other municipalities — Sta. Rosa and Biñan in Laguna, San Juan in Batangas, Trece Martires in Cavite, and Navotas — were made cities because they met the P100-million annual revenue requirement imposed by the LGC.
– VVP/LBG, GMA News 
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