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Freeman Metro Cebu

Naga mayor rejoices as SP seals cityhood laws

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CEBU, Philippines - Mayor Valdemar Chiong of the city of Naga yesterday expressed delight after learning that the Supreme Court has directed its Clerk of Court to issue an entry of judgment on the case of the cityhood of 16 municipalities to seal with finality the constitutionality of the 16 Cityhood Laws.

Chiong said a "brighter future" now lie ahead for his constituents who will soon be enjoying their city-value internal revenue allotment.

Before the Department of budget and Management reduced Naga's IRA last May 2009, the city was getting about P260 million per year.

The Supreme Court's statement was indicated in an eight-page resolution penned by Justice Lucas P. Bersamin, wherein the High tribunal held that it cannot entertain the motion for reconsideration of petitioner League of Cities of the Philippines (LCP) of its April 12, 2011 resolution being a second motion for reconsideration pursuant to sec. 2 of Rule 51 of the Rules of Court.

In a statement released to The Freeman, the court said the second motion for reconsideration is a "prohibited pleading," and that "only for extraordinarily persuasive reasons and only after an express leave has been first obtained may a second motion for reconsideration be entertained."

Hence, the court granted the 16 Cities' motion for entry of judgment.

The SC last Tuesday denied the LCP's motion noting that it "merely

rehashed "the issues previously put forward.

"Accordingly, the finality of the resolutions upholding the constitutionality of the 16 Cityhood Laws now absolutely warrants the granting of respondents' Motion for Entry of Judgment," the Court said.

In its April 12, 2011 resolution, the Court reiterated that the 16 Cityhood Laws were not violative of the Constitution and the Local Government Code.

Declared as constitutional were RA Nos. 9389 (Baybay City in Leyte), 9390 (Bogo City in Cebu), 9391 (Catbalogan City in Samar), 9392 (Tandag City in Surigao del Sur), 9393 (Lamitan City in Basilan), 9394 (Borongan City in Samar), 9398 (Tayabas City in Quezon), 9404 (Tabuk City in Kalinga), 9405 (Bayugan City in Agusan del Sur), 9407 (Batac City in Ilocos Norte), 9408 (Mati City in Davao Oriental), 9409 (Guihulngan City in Negros Oriental), 9434 (Cabadbaran City in Agusan del Norte), 9435 (El Salvador City in Misamis Oriental), 9436 (Carcar City in Cebu), and 9491 (Naga City in Cebu).  (FREEMAN)

AGUSAN

BATAC CITY

BAYBAY CITY

BAYUGAN CITY

BEFORE THE DEPARTMENT

CEBU

CITY

CITYHOOD LAWS

COURT

SUPREME COURT

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