Supreme Court upholds city status of Bogo, Naga, Carcar

By Manita Sanoria-Ramos

Bogo, Carcar, and Naga in Cebu will remain cities following a recent Supreme Court (SC) ruling that said their conversion in 2007 met all legal requirements.

The new decision is SC’s fifth on the case and it’s third reversal since 2008, when it first revoked the elevation to cityhood of Bogo, Carcar, and Naga as well as 13 other municipalities.

Supreme Court (SC) justices voted 7-6 in favor of the new cities, and Associate Justice Jose Mendoza’s vote was the deciding factor in the ruling.

The League of Cities of the Philippines opposed the creation of the new cities because it would mean a further reduction in its internal revenue allotment (IRA) share. The league said the 16 do not meet the P100-million income requirement for elevation to cityhood status.

In 2009, the High Tribunal reversed its earlier ruling and reinstated the cities based on an exemption from the income requirement it granted to the 16.

The income requirement for new cities used to be P20 million but this was increased to P100 million through an amendment of Section 450 of the Local Government Code by virtue of Republic Act (RA) 9009 in June 2001.

But in 2010, the SC granted a motion of the League of Cities and reaffirmed its original decision reverting the 16 cities back into towns.

In its most recent decision, though, the SC en banc ruled that Republic Acts 9390, 9436, and 9491, the laws that created the cities of Bogo, Carcar, and Naga, were consistent with the Constitution.

The 13 other new cities are Baybay (Leyte), Catbalogan (Samar), Tandag (Surigao del Sur), Borongan (Eastern Samar), Tayabas (Quezon), Lamitan (Basilan), Tabuk (Kalinga), Bayugan (Agusan del Sur), Batac (Ilocos Norte), Mati (Davao Oriental), Guihulngan (Negros Oriental), Cabadbaran (Agusan del Norte), and El Salvador (Misamis Oriental).