New cities ask for ‘back pay’

July 6, 2011
CEBU CITY — Now that their case seems finally over, the new cities want to get back the tax shares they were denied while the Supreme Court (SC) heard their case.
This is one of two requests that lawyer Estelito Mendoza is preparing on behalf of the 16 cities, including Bogo, Carcar and Naga in Cebu, said Representative Eduardo Gullas (Cebu Province, 1st district) in a press conference on Tuesday.
They will request the Department of Budget and Management (DBM) to release the portions of the cities’ Internal Revenue Allotment (IRA) that were not given, because they were treated as municipalities while the case against their conversion was pending.
The other request is for their adjusted IRA rate to be made retroactive to the dates when voters approved the new cities’ charters, Gullas said.
Older cities, under the League of Cities of the Philippines (LCP), had gone to court to insist that the new cities were not exempted from an amendment that raised the required income, before conversion, to P100 million a year in local income. That used to be only P20 million a year.
Gullas said, quoting Mendoza, that the SC has ordered its clerk of court to issue an entry of judgment and that this “ends with finality” the question raised against their conversion in 2007.
The SC promulgated last Monday, July 4, its decision to deny the motion the LCP filed.
Gullas said he is not faulting the Supreme Court for the flip-flopping, because there were 23 justices who either retired or were newly appointed while the case was pending.
The first district congressman said he received a text message on Tuesday from Mendoza, regarding the entry of judgment.
“The Supreme Court decision also states that no further pleadings or submissions by any party shall be entertained. That puts closure to everything,” Gullas said.
Mendoza, he said, is drafting a letter to Budget Secretary Florencio Abad with the two requests.
The plebiscite for Carcar City’s charter was held on July 7, 2007 for luck (the date was 07-07-07), while that of Naga was held on September 5, 2007 to coincide with the birthday of Mayor Valdemar Chiong.
The eight-page resolution penned by Associate Justice Lucas P. Bersamin said the SC cannot entertain the motion for reconsideration of petitioner LCP, on its April 12, 2011 resolution, because it was already the second motion for reconsideration.
That is a prohibited pleading, allowed only for extraordinarily persuasive reasons and only after an express leave has been first obtained, said Gullas.
The SC said the LCP’s motion for reconsideration merely rehashed the issues.
“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,” ruled the Supreme Court.
In its April 12, 2011 resolution, the SC reiterated that the Cityhood Laws did not violate the Constitution or the Local Government Code (LGC).
Declared as constitutional were Republic Acts 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).
“Uninterruptedly, the charter of the 16 cities has been constitutional from the beginning,” Gullas said.

Source: http://www.sunstar.com.ph/cebu/local-news/2011/07/06/new-cities-ask-back-pay-165216

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3003C East Tower, Phil Stock Exchange Center,
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