Sunday, March 6, 2011

RESOLUTION No. 10 Series of 2011


A RESOLUTION CALLING ON THE SUPREME COURT TO STOP ILLEGAL CONVERSION OF MUNICIPALITIES TO CITIES, PROTECT THE LOCAL GOVERNMENT CODE, UPHOLD THE LAW AND RESPECT THE CONSTITUTION.

WHEREAS,    after declaring the sixteen (16) cityhood laws unconstitutional in ruling issued on August 24, 2010, the Supreme Court reversed the said decision once again, and reinstated its December 21, 2009 ruling, which affirmed the constitutionality of the said laws.

Whereas,    this is the third time that the Supreme Court has reversed itself on the issue of whatever or not the cityhood laws, which allow 16 municipalities to be converted into cities, is constitutional;

WHEREAS,    the constitutional provision states that no province, city, municipality or Barangay shall be created, divided, merged, abolished or its boundary substantially altered, except in accordance with the criteria established in the Local Government Code and subject to approval by a majority of the votes cast in a plebiscite in the political units directed affected;
Whereas,    the flip-flopping of the Supreme Court is unprecedented in its history and will set a bad precedent and will disturb the well-establish legal principles on finality and immutability of final judgments;
WHEREAS,    this action of the Supreme Court does not inspire confidence in our judicial processes and is another setback in our quest to restore the people’s faith in our judicial system;
WHEREAS,    the Supreme Court decision will only open the floodgates for more conversions of unqualified municipalities to become cities in violation of the express provisions of the Constitutional and the Local Government Code of 1991;
WHEREAS,    the Supreme Court ruling shall only cause confusion and instability in the development and planning process of Philippine cities and will seriously and adversely affect the delivery of basic services;
WHEREAS,    the Supreme Court decision will unduly reduce the income of Philippine Cities intended for anti-poverty, health, education and other equally significant programs aimed at improving the quality of their constituents;
WHEREAS,    League of Cities of the Philippines (LCP) does not oppose the creation of cities per se; LCP is against the conversion of municipalities to cities which do not comply with the requirements under the Constitution and Republic Act No. 7160, as amended by Republic Act No. 9009;
WHEREAS,    League of Cities of the Philippines (LCP has endorsed and supported the conversion of the cities of Biñan and Dasmariñas; and LCP is also ready to endorse the conversion of qualified municipalities including Bacoor, Imus, Cabuyao and other progressive municipalities who may determined as qualified for conversions;

NOW THEREFORE, the Cutcut Barangay Council on behalf of its constituents and residents, hereby resolves to;

1.     URGE the Supreme Court to honor and uphold the mandates of the Constitution and the rule of law which is the basic foundation of our democratic system.

2.     Urge the Supreme Court to RESPECT the well-establish legal principles on finality of judgment and preserve the stability of our judicial and legislative.

3.     CALL on the Filipino people to safeguard the Supreme Court as the last bulwalk of democracy and the final arbiter of all judicial and constitutional issues.

4.     CALL on the Filipino people to join the effort and advocacy to Stop the illegal Conversion of Cities Protect the Local Government Code, Uphold the rule and Respect the Constitution.

NOW THEREFORE, be it resolved as it is hereby resolved by the Cutcut Barangay Council in session assembled, that a resolution calling on the Supreme Court to stop illegal conversion of municipalities to cities, protect the local government code, uphold the law and respect the constitution.

RESOLVED FURTHER, that the copies of this Resolution be furnished the Supreme Court Justices and the League of Cities of the Philippines (LCP) Secretariat for their information.

APPROVED in regular session assembled by Cutcut Barangay Council held on March 04, 2011 at the Cutcut Barangay Hall, Angeles City.

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