EN BANC
[G.R. No. L-19870. March 18, 1967.]
MUNICIPALITY OF SAN JOAQUIN, Petitioner-Appellant, v. NICANOR SIVA, BASILIO SAPITANAN, ET AL., Respondents-Appellees.
Ramon A. Gonzales for Petitioner-Appellant.
Solicitor General for Respondent-Appellees.
N. G. Rico and B. Tiña for Respondents-Appellees.
SYLLABUS
1. CONSTITUTIONAL LAW; CREATION OF MUNICIPALITIES; DELEGATION OF POWER TO PRESIDENT UNCONSTITUTIONAL. — Executive Order No. 436, of the President of the Philippines, creating the municipality of Lawigan out of twenty-one (21) barrios theretofore forming part of the municipality of San Joaquin, is null and void ab initio, on the ground that Section 68 of the Revised Administrative Code, on which said Executive Order is based, constitutes an undue delegation of legislative powers, and hence, unconstitutional.
2. PROHIBITION; WRIT WILL LIE AGAINST THOSE APPOINTED TO ACT AS OFFICERS OF A TOWN CREATED UNDER AN UNCONSTITUTIONAL STATUTE. — Where Executive Order No. 436 creating the municipality of Lawigan is null and void ab initio, prohibition will lie against persons appointed by the President as mayor, vice mayor and councilors of Lawigan and are therefore restrained from performing their functions as such.
2. PROHIBITION; WRIT WILL LIE AGAINST THOSE APPOINTED TO ACT AS OFFICERS OF A TOWN CREATED UNDER AN UNCONSTITUTIONAL STATUTE. — Where Executive Order No. 436 creating the municipality of Lawigan is null and void ab initio, prohibition will lie against persons appointed by the President as mayor, vice mayor and councilors of Lawigan and are therefore restrained from performing their functions as such.
D E C I S I O N
CONCEPCION, C.J.:
Petitioner, Municipality of San Joaquin, seeks the reversal of a decision of the Court of First Instance of Iloilo dismissing the former’s petition for prohibition, contesting the legality of Executive Order No. 436 of the President of the Philippines, dated July 10, 1961, creating the municipality of Lawigan out of twenty-one (21) barrios theretofore forming part of said municipality of San Joaquin. Respondents-appellees are the persons appointed by the President as mayor, vice-mayor and councilors of Lawigan, who are sought to be restrained from performing their functions as such, upon the ground that Section 68 of the Revised Administrative Code, on which said Executive Order is based, constitutes an undue delegation of legislative powers, and, hence, unconstitutional. The lower court, however, held otherwise. Hence, this appeal.
The issue herein has been squarely taken up and settled in Pelaez v. Auditor General, G. R. No. L-23825, promulgated on December 24, 1965, which upheld the theory of appellant herein, and rejected the view taken in the appealed decision.
Wherefore, said decision is hereby reversed, and another one shall be entered declaring the aforementioned Executive Order No. 436 null and void ab initio, and directing herein respondents-appellees to refrain from acting as officers of the Municipality of Lawigan, with costs against them. It is so ordered.
Reyes, J. B. L. Dizon, Regala, Makalintal, Bengzon, J. P., Zaldivar, Sanchez and Castro, JJ., concur.
The issue herein has been squarely taken up and settled in Pelaez v. Auditor General, G. R. No. L-23825, promulgated on December 24, 1965, which upheld the theory of appellant herein, and rejected the view taken in the appealed decision.
Wherefore, said decision is hereby reversed, and another one shall be entered declaring the aforementioned Executive Order No. 436 null and void ab initio, and directing herein respondents-appellees to refrain from acting as officers of the Municipality of Lawigan, with costs against them. It is so ordered.
Reyes, J. B. L. Dizon, Regala, Makalintal, Bengzon, J. P., Zaldivar, Sanchez and Castro, JJ., concur.
