Section 34, which prescribes the maximum contract area in a financial or technical assistance agreements; Section 36, which allows negotiations for financial or technical assistance agreements; Section 37, which prescribes the procedure for filing and evaluation of financial or technical assistance agreement proposals; Section 38, which limits the term of financial or technical assistance agreements; Section 40, which allows the assignment or transfer of financial or technical assistance agreements; Section 41, which allows the withdrawal of the contractor in an FTAA; The second and third paragraphs of Section 81, which provide for the Government's share in a financial and technical assistance agreement; and Section 90, which provides for incentives to contractors in FTAAs insofar as it applies to said contractors; When the parts of the statute are so mutually dependent and connected as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that if all could not be carried into effect, the legislature would not pass the residue independently, then, if some parts are unconstitutional, all the provisions which are thus dependent, conditional, or connected, must fall with them.
WHEREFORE, the petition is GRANTED. JUANITO MARIANO, JR. et al., petitioners, vs. THE COMMISSION ON ELECTIONS, THE MUNICIPALITY OF MAKATI, HON. JEJOMAR BINAY, THE MUNICIPAL TREASURER, AND SANGGUNIANG BAYAN OF MAKATI, respondents. FACTS: A petition for prohibition and declaratory relief against R.A. No. 7854, "An Act Converting the Municipality of Makati Into a Highly Urbanized City to be known as the City of Makati," was filed by petitioners Juanito Mariano, Jr., Ligaya S. Bautista, Teresita Tibay, Camilo Santos, Frankie Cruz, Ricardo Pascual, Teresita Abang, Valentina Pitalvero, Rufino Caldoza, Florante Alba, and Perfecto Alba. Of the petitioners, only Mariano, Jr., is a resident of Makati. The others are residents of Ibayo Ususan, Taguig, Metro Manila. Suing as taxpayers, they assail as unconstitutional sections 2, 51, and 52 of R.A. No. 7854. ISSUES: Whether sections 2, 51 and 52 of R.A. No. 7854 are unconstitutional. RULING: The court finds no merit in the petition. Section 2 of R.A. No. 7854 clearly stated that the city's land area "shall comprise the present territory of the municipality." Section 2 did not add, subtract, divide, or multiply the established land area of Makati. Hence, the territorial bounds need not be made in metes and bounds with technical description and does not violate sections 7 and 450 of the Local Government Code. Also, at the time of the consideration of R.A. No. 7854, the territorial dispute between the municipalities of Makati and Taguig over Fort Bonifacio was under court litigation. Out of a becoming sense of respect to co-equal department of government, legislators felt that the dispute should be left to the courts to decide. They did not want to foreclose the dispute by making a legislative finding of fact which could decide the issue. The contention on the constitutionality of section 51 of R.A. No. 7854 was not entertained by the court since it did not
You've reached the end of your free preview.
Want to read all 23 pages?
- Fall '16
- Supreme Court of the United States, Corazon Aquino, Gloria Macapagal-Arroyo, Joseph Estrada