University of the Philippines College of Law JTR III, 1-D
Topic Case No. Case Name Ponente
Populaon Requirement GR No. !!"#$ Moises Samson v Hon. Alexander Aguirre (in capaci! as "xecu#ve Secrear!$ %U&'U()&NG* +.
D%&TRI'" ● Victoriano Victoriano v Elizalde Elizalde Rope Rope Worker’s Worker’s Union: Union: “All “All presumpon presumponss are indulged indulged in favor of constuon constuonalit! alit! one "#o a$acks a statute% alleging unconstuonalit must prove its invalidit &eond a reasona&le dou&t'( SMMAR) * 'amson faile, to present clear an, convincing proof to ,efeat the presumpon of constuonality -eing enoye, -y R/ 01!1 an act creang the city of Novaliches R"+"A'T A&TS ● 2n 3e-ruary 4!* 550* 36R signe, R/. 01!1* creang the City of Novaliches out of 1 )arangays of %ue7on City. 'amson* an incum-ent city councilor of the st ,istrict of 8C assails the constuonality of the sai, act ● 9e see:s to enoin the ; seat of government> an, no a,verse e?ect to -eing a city of %ue7on City* City* respecvely* an, its implemenng rules o The law will in e?ect amen, the constuon ● 'amson asserts that cer@caons cer@caons as to income* income* populaon* populaon* an, lan, area were not presente, presente, to congress ,uring the ,eli-eraons of R/ 01!1. 9e also points out that there is no ce r@caon aAesng to the fact that the mother LGU* %ue7on City* City* woul, not -e a,versely a?ecte, -y the creaon of the City of Novaliches* in terms of income* populaon* an, lan, area &n their comment* respon,ents thru the 2'G sai, that 'amson faile, to su-stanate allegaons with ● convincing proof. proof. They claime, that 'amson ha, the -ur,en of proof to overcome the legal presumpon that congress consi,ere, all the legal requirements un,er the LGC of 55 in passing R/ 01!1. 3urther* they claim the peon itself is ,evoi, of any pernent ,ocument supporng 'amsonBs claim that the assaile, act is unconstuonal. ;very ;very statute statute is presume, presume, vali,. ;very law is presume, presume, to have have passe, thru regular congressional congressional ● processes ISS" ●
8N 'amson was a-le to successfully overcome the presumpon of vali,ity accor,e, to R/ 01!1
RATI% D"&ID"'DI 2 'oe 3e 4ords in 5old le6ers are 43a I 3in7 are 3e imporan ra#os &ssue Rao 8N 8N 'ams 'amson on was was a-le a-le to '% success successful fully ly overc overcome ome the . 9is argumen argumentt that no cer@caons cer@caons aAes aAesng ng complian compliance ce with secons secons pres presum ump pon on of vali ali,ity ,ity #* DaE* an, F1" DaE of the LGC were su-miAe, to the pu-lic hearings accor,e, to R/ 01!1 hel, -y the senate commiAee on local government is unfoun,e, since the -ill originate, in the 9ouse of Representaves.
University of the Philippines College of Law JTR III, 1-D 8. 9e##oner did no presen an! proo:, 5u onl! allega#ons, 3a no cer#;ca#ons 4ere su5mi6ed o 3e House commi6ee on +ocal uisies 3ere:or . /. In 3e pu5lic 3earings 3eld 5! 3e Senae &ommi6ee on +ocal governmen 4ere resource persons :rom relevan governmen agencies (i.e. 'S%, D?M, ?ureau o: +ocal uiremen is onl! 8 Million :or 3e immediael! preceding 4o !ears= 5. 'S% es#maed popula#on in 3e 5aranga!s 3a 4ould compose 'ovalic3es is around B/,B1 IRR o: +<& onl! re>uires 10,= c. 'o need o consider land area since under 3e +<&, 3e proposed ci! mus compl! 4i3 re>uiremen as regards income and ei3er popula#on %R land area d. 'oe 3a 'ovalic3es is no4 3ig3l! ur5aniFed e. 'oe 3a 3e represena#ves o: 3ese agencies spo7e under oa3 and in 3eir o@cial capaci! 1. 'amson faile, to su-stanate his claims that the representaves present ,i, not also su-mit wriAen cer@caons. 9e ,i,nBt even -other to present a copy of sai, peon if only to prove that it was without the wriAen cer@caons aAache, as require, -y law presumpon that these requirements were met in the passage of the act $. 'amson argues the act falie, to specify the seat of government of the propose, city of Novaliches as require, un,er secon DaE of the LGC 'C sai, this is not fatal since un,er sec. 4 of the LGC* the City of Novaliches can sll esta-lish a seat of government aHer its creaon Dthe government center 2 where government oIces are to -e locate, 2 can act as the seat of government as wellE a. %C (ayor (athay was actually present ,uring the ,eli-eraons of the 'enate commiAee on Local government* an, ma,e no menon of anything concerning such a,verse e?ects the fact that he ,i,nBt raise an a,verse issue is in,icave of the nonJe
University of the Philippines College of Law JTR III, 1-D 89;R;32R;* the instant peon is here-y ,ismisse, '%T"S &t is seAle, that laws Dinclu,ing or,inances enacte, -y LGUsE enoy the presumpon of constuonality
