Municipality of San Narciso, Quezon v Mendez GR 103702, 6 December 1994 EMERGENCY RECIT: San Andres (SA) used to be a part of San Narciso. It was made a municipal district under EO 353, and subsequently a fifth class municipality. 30 years from the time of its creation, petitioners are now assailing the validity of EO 353. The court ruled that the quo warranto proceeding was not timely raised, and even conceding EO 353’s nullity, several governmental acts point to the state’s recognition of the existence of the SA. Moreover, Sec 442 (d) of the LGC has cured whatever defects were present in its creation, further dispelling all doubts on the de jure standing of SA. FACTS: Pres. Garcia issued EO 353, creating the municipal district of San Andres, Quezon (by segregating barrios San Andres, Mangero, Alibijaban, Pansor, Camflora, and Tala from the municipality of San Narciso), upon the request of the municipal council of San Narciso. Pres. Macapagal issued EO 174, officially recognizing the municipal district of San Andres as a fifth class municipality, the conversion proposed in HB 4864 having been approved by the House of Respresentatives. Municipality of San Narciso filed a quo warranto petition against the officials of the Municipality of San Andres, wherein they sought to declare the nullity of EO 353 (for being a usurpation of legislative powers, thus violating the principle of separation of powers) and to permanently refrain the local officials of the latter from performing the duties and functions of their offices. Respondents sought to dismiss the petition on the ground of estoppel (it was at the instance of petitioner that the municipality of San Andres was given life), prescription (municipality of San Andres had been in existence since 1959, thus corporate personality can no longer be assailed), and that petitioner was not the proper party to bring the quo warranto proceeding (should have been the state, through the solicitor general) Respondent filed another motion to dismiss, considering the enactment of the Local Government Code, providing that “Municipalities existing as of the date of the effectivity of the Code shall continue to exist and operate as such. Existing municipal districts organized pursuant to presidential issuances or executive orders and which have their respective set of elective municipal officials holding office at the time of the effectivity of this Code shall henceforth be considered as regular municipalities.” Petitioner opposed, contending that the provision applied to legally existing municipalities, and not those void ab initio. LC: dismissed for lack of cause of action (right to sue belonged to the state), and for being moot and academic (RA 7160 cured whatever defects were present in its enactment) While petitioners agree that the enactment of the LGC converted the municipality of San Andres into a de facto municipality, they contend that since the petition for quo warrant was filed prior the passage of the said law, petitioner had acquired a vested right to seek the nullification of EO 353. ISSUE: WON the municipality of San Andres exists as a validly constituted municipal corporationYES RULING: Public interest demands with the greatest imperativeness that a quo warranto proceeding, assailing the lawful authority of a political subdivision, be timely raised. In this case, it took petitioners 30 years from the time the municipal district of San Andres was created to finally challenge the legality of EO 353. Within those years, the municipal district, and subsequently,
municipality of San Andres continued to exercise the powers and authority of a duly created local government unit. Even considering that EO 353 was void for being a usurpation of the legislative power, the peculiar circumstances present in this case all point to the state’s recognition of the continued existence of the municipality of San Andres, with a status uniquely of its own closely approximating, if not in fact attaining, that of a de facto municipal corporation. Thus, after more than 5 years as a municipal district, Executive Order No. 174 classified the Municipality of San Andres as a fifth class municipality after having surpassed the income requirement laid out in RA 1515. Sec. 31 of BP 129, constituted as municipal circuits certain municipalities that comprised the municipal circuits organized under AO 33. Moreover, under the ordinance apportioning the seats of the House of Representatives, appended to the 1987 Constitution, the Municipality of San Andres has been considered to be one of the 12 municipalities composing the 3rd District of the province of Quezon. Equally significant is Section 442(d) of the LGC providing that municipal districts "organized pursuant to presidential issuances or executive orders and which have their respective sets of elective municipal officials holding office at the time of the effectivity of the Code shall henceforth be considered as regular municipalities." The power to create political subdivisions is a function of the legislature. Congress did just that when it has incorporated Section 442(d) in the Code. Curative laws, which in essence are retrospective, and aimed at giving "validity to acts done that would have been invalid under existing laws, as if existing laws have been complied with," are validly accepted in this jurisdiction, subject to the usual qualification against impairment of vested rights. Considering the all of the above-stated, the de jure status of the Municipality of San Andres in the province of Quezon must now be conceded. NOTE: Quo warranto is a prerogative writ by which the Government can call upon any person to show by what warrant he holds a public office or exercises a public franchise. When the inquiry is focused on the legal existence of a body politic, the action is reserved to the State in a proceeding for quo warranto or any other credit proceeding. It must be brought in the name of the Republic of the Philippines and commenced by the Solicitor General or the fiscal when directed by the President of the Philippines. Such officers may, under certain circumstances, bring such an action at the request and upon the relation of another person with the permission of the court. The Rules of Court also allows an individual to commence an action for quo warranto in his own name but this initiative can be done when he claims to be entitled to a public office or position usurped or unlawfully held or exercised by another.
