CASE DIGEST - Municipality of San Narciso Quezon v. Mendez

MUNICIPALITY OF SAN NARCISO QUEZON V. MENDEZ FACTS: The municipal district of San Andres was created pursuant to an executive order. After 30 years, the municipality of San Narciso, its other province, sought the declaration of that executive order contending that since it is a presidential act, it was a usurpation of the inherent powers of the legislature. The municipality of San Andres filed a motion to dismiss alleging that the case had already become moot and academic with the enactment of the Local Government Code which provides that municipalities existing as of the date of the effectivity of this Code shall continue to exist and operate as such. ISSUE: WON the alleged unconstitutionality of the creation of the municipality of San Andres has been cured by the enactment of the Local Government Code. HELD: Petitioner challenged the legality of the creation of San Andres only after almost 30 years after its creation where in the meantime it existed as a duly created local government unit. The Local Government Code provides that municipalities existing as of the date of the effectivity of this Code shall continue to exist and operate as such. 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.