Local governments affect the power of congress to

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Unformatted text preview: ents of the LGC prescribed prior to its amendment by R.A. No. 9009. Congress undeniably gave these cities all the considerations that justice and fair play demanded. Hence, this Court should do no less by stamping its imprimatur to the clear and unmistakable legislative intent and by duly recognizing the certain collective wisdom of Congress. (League of Cities of the Philippines (LCP) v. COMELEC, G.R. No. 176951, April 12, 2011) 2. Notwithstanding that both the 11th and 12th Congress failed to act upon the pending cityhood bills, both the letter and intent of Section 450 of the LGC, as amended by R.A. No. 9009, were carried on until the 13th Congress, when the Cityhood Laws were enacted. The exemption clauses found in the individual Cityhood Laws are the express articulation of that intent to exempt respondent municipalities from the coverage of R.A. No. 9009. (League of Cities of the Philippines (LCP) v. COMELEC, G.R. No. 176951, February 15, 2011) Note: On November 18, 2008, the SC ruled the cityhood laws unconstitutional. On December 21, 2009, it reversed the ruling. Then again, on August 24, 2010, it decided to uphold the original ruling. And finally, last April 12, 2011 it upheld the constitutionality of the creation of the 16 new cities. Q: May Congress validly delegate to the ARMM Regional Assembly the power to create provinces, cities, and municipalities within the ARMM, pursuant to Congress’s plenary legislative powers? A: No. There is no provision in the Constitution that conflicts with the delegation to regional legislative bodies of the power to create ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 185 UST GOLDEN NOTES 2011 municipalities and barangays. However, the creation of provinces and cities is another matter. Only Congress can create provinces and citi...
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This document was uploaded on 03/12/2014.

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