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                            CASE No. 2
MUNICIPALITY OF SAN NARCISO vs. HON. ANTONIO V. MENDEZ, SR.
                        
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Page 1

CASE No. 2

MUNICIPALITY OF SAN NARCISO vs. HON. ANTONIO V. MENDEZ, SR.

Posted on June 30, 2013 by winnieclaire

Standard

G.R. No. 103702 December 6, 1994

FACTS: On 20 August 1959, President Carlos P. Garcia, issued, pursuant to the then
Sections 68 and 2630 of the Revised Administrative Code, as amended, Executive
Order No. 353 creating the municipal district of San Andres, Quezon, by segregating
from the municipality of San Narciso of the same province, the barrios of San
Andres, Mangero, Alibijaban, Pansoy, Camflora and Tala along with their respective
sitios.
EO No. 353 was issued upon the request, addressed to the President and coursed
through the Provincial Board of Quezon, of the municipal council of San Narciso,
Quezon
By virtue of EO No. 174, dated 05 October 1965, issued by President Diosdado
Macapagal, the municipal district of San Andres was later officially recognized to
have gained the status of a fifth class municipality beginning 01 July 1963 by
operation of Section 2 of Republic Act No. 1515. 2 The executive order added that
“(t)he conversion of this municipal district into (a) municipality as proposed in
House Bill No. 4864 was approved by the House of Representatives.”
Petitioner Municipality of San Narciso: filed a petition for quo warranto with RTC
which petition sought the declaration of nullity of EO No. 353 Invoking the ruling of
this Court in Pelaez v. Auditor General.
Respondent San Andres: San Narciso is estopped from questioning the creation of
the new municipality and that the case had become moot and academic with the
enactment of Republic Act No. 7160 (Sec. 442. Requisites for Creation. — . . .(d)
Municipalities existing as of the date of the effectivity of this Code shall continue to
exist and operate as such.)
Petitioner: The above provision of law was inapplicable to the Municipality of San
Andres since the enactment referred to legally existing municipalities and not to
those whose mode of creation had been void ab initio.

ISSUE: W/N Municipality of San Andres is a de jure or de facto municipal corporation.

HELD: Executive Order No. 353 creating the municipal district of San Andres was
issued on 20 August 1959 but it was only after almost thirty (30) years, or on 05
June 1989, that the municipality of San Narciso finally decided to challenge the
legality of the executive order.
Granting the Executive Order No. 353 was a complete nullity for being the result of
an unconstitutional delegation of legislative power, the peculiar circumstances
obtaining in this case hardly could offer a choice other than to consider
the Municipality of San Andres to have at least attained a status uniquely
of its own closely approximating, if not in fact attaining, that of a de facto
municipal corporation. Conventional wisdom cannot allow it to be otherwise.
Created in 1959 by virtue of Executive Order No. 353, the Municipality of San
Andres had been in existence for more than six years when, on 24 December 1965,
Pelaez v. Auditor General was promulgated. The ruling could have sounded the call
for a similar declaration of the unconstitutionality of Executive Order No. 353 but it
was not to be the case. On the contrary, certain governmental acts all pointed to
the State’s recognition of the continued existence of the Municipality of San Andres.
Thus, after more than five 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 Republic Act No. 1515.
At the present time, all doubts on the de jure standing of the municipality must be
dispelled. Under the Ordinance (adopted on 15 October 1986) 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 twelve (12)
municipalities composing the Third District of the province of Quezon. Equally

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significant is Section 442(d) of the Local Government Code to the effect 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.”

All considered, the de jure status of the Municipality of San Andres in the province of
Quezon must now be conceded.

Republic of the Philippines
SUPREME COURT

Manila

EN BANC



G.R. No. 103702 December 6, 1994

MUNICIPALITY OF SAN NARCISO, QUEZON; MAYOR JUAN K. UY;
COUNCILORS: DEOGRACIAS R. ARGOSINO III, BENITO T. CAPIO, EMMANUEL
R. CORTEZ, NORMANDO MONTILLA, LEONARDO C. UY, FIDEL C.
AURELLANA, PEDRO C. CARABIT, LEONARDO D. AURELLANA, FABIAN M.
MEDENILLA, TRINIDAD F. CORTEZ, SALVADOR M. MEDENILLA, CERELITO B.
AUREADA and FRANCISCA A. BAMBA, petitioners,
vs.
HON. ANTONIO V. MENDEZ, SR., Presiding Judge, Regional Trial Court,
Branch 62, 4th Judicial Region, Gumaca, Quezon; MUNICIPALITY OF SAN
ANDRES, QUEZON; MAYOR FRANCISCO DE LEON; COUNCILORS: FE
LUPINAC, TOMAS AVERIA, MANUEL O. OSAS, WILFREDO O. FONTANIL,
ENRICO U. NADRES, RODELITO LUZOIR, LENAC, JOSE L. CARABOT, DOMING
AUSA, VIDAL BANQUELES and CORAZON M. MAXIMO, respondents.

Manuel Laserna, Jr. for petitioners.

Florante Pamfilo for private respondents.



VITUG, J.:

On 20 August 1959, President Carlos P. Garcia, issued, pursuant to the then
Sections 68 and 2630 of the Revised Administrative Code, as amended, Executive
Order No. 353 creating the municipal district of San Andres, Quezon, by segregating
from the municipality of San Narciso of the same province, the barrios of San
Andres, Mangero, Alibijaban, Pansoy, Camflora and Tala along with their
respective sitios.

Executive Order No. 353 was issued upon the request, addressed to the President
and coursed through the Provincial Board of Quezon, of the municipal council of San
Narciso, Quezon, in its Resolution No. 8 of 24 May 1959. 1

By virtue of Executive Order No. 174, dated 05 October 1965, issued by President
Diosdado Macapagal, the municipal district of San Andres was later officially
recognized to have gained the status of a fifth class municipality beginning 01 July
1963 by operation of Section 2 of Republic Act No. 1515. 2 The executive order
added that "(t)he conversion of this municipal district into (a) municipality as
proposed in House Bill No. 4864 was approved by the House of Representatives."

On 05 June 1989, the Municipality of San Narciso filed a petition for quo
warranto with the Regional Trial Court, Branch 62, in Gumaca, Quezon, against the
officials of the Municipality of San Andres. Docketed Special Civil Action No. 2014-G,
the petition sought the declaration of nullity of Executive Order No. 353 and prayed
that the respondent local officials of the Municipality of San Andres be permanently
ordered to refrain from performing the duties and functions of their respective
offices. 3 Invoking the ruling of this Court in Pelaez v. Auditor General, 4the

2

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