Case Digest: Mariano v. Commission on Elections

G.R. No. 118627                07 March 1995

Ponente: Puno, J.

FACTS:

Juanito Mariano, a resident of Makati, along with residents of Taguig suing as taxpayers, assail Sections 2, 51 and 52 of R.A. No. 7854 (“An Act Converting the Municipality of Makati into a Highly Urbanized City to be known as the City of Makati”).  Another petition which contends the unconstitutionality of R.A. No. 7854 was also filed by John H. Osmena as a senator, taxpayer and concerned citizen.

ISSUES:

1. Whether Section 2 of R.A. No. 7854 delineated the land areas of the proposed city of Makati violating sections 7 and 450 of the Local Government Code on specifying metes and bounds with technical descriptions
2. Whether Section 51, Article X of R.A. No. 7854 collides with Section 8, Article X   and Section 7, Article VI of the Constitution stressing that they new city’s acquisition of a new corporate existence will allow the incumbent mayor to extend his term to more than two executive terms as allowed by the Constitution
3. Whether the addition of another legislative district in Makati is unconstitutional as the reapportionment cannot be made by a special law

HELD/RULING:

1. Section 2 of R.A. No. 7854 states that:

Sec. 2. The City of Makati. — The Municipality of Makati shall be converted into a highly urbanized city to be known as the City of Makati, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of Makati in Metropolitan Manila Area over which it has jurisdiction bounded on the northeast by Pasig River and beyond by the City of Mandaluyong and the Municipality of Pasig; on the southeast by the municipalities of Pateros and Taguig; on the southwest by the City of Pasay and the Municipality of Taguig; and, on the northwest, by the City of Manila.

Emphasis has been provided in the provision under dispute.  Said delineation did not change even by an inch the land area previously covered by Makati as a municipality.  It must be noted that the requirement of metes and bounds was meant merely as a tool in the establishment of LGUs.  It is not an end in itself.

Furthermore, at the time of consideration or R.A. No. 7854, the territorial dispute between the municipalities of Makati and Taguig over Fort Bonifacio was under court litigation.  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.

1. Section 51 of R.A. No. 7854 provides that:

Sec. 51. Officials of the City of Makati. — The represent elective officials of the Municipality of Makati shall continue as the officials of the City of Makati and shall exercise their powers and functions until such time that a 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 existence. The appointive officials and employees of the City shall likewise continues exercising their functions and duties and they shall be automatically absorbed by the city government of the City of Makati.

Section 8, Article X and section 7, Article VI of the Constitution provide the following:

Sec. 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.

xxx xxx xxx

Sec. 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 elected.

This challenge on the controversy cannot be entertained as the premise on the issue is on the occurrence of many contingent events.  Considering that these events may or may not happen, petitioners merely pose a hypothetical issue which has yet to ripen to an actual case or controversy.  Moreover, only Mariano among the petitioners is a resident of Taguig and are not the proper parties to raise this abstract issue.

1. Section 5(1), Article VI of the Constitution clearly provides that the Congress may be comprised of not more than two hundred fifty members, unless otherwise provided by law.  As thus worded, the Constitution did not preclude Congress from increasing its membership by passing a law, other than a general reapportionment of the law.