G.R. No. 118577 March 7, 1995
JUANITO MARIANO, JR. et al., petitioners,
vs.
THE COMMISSION ON ELECTIONS, THE MUNICIPALITY OF MAKATI, HON. JEJOMAR BINAY, THE MUNICIPAL TREASURER, AND SANGGUNIANG BAYAN OF MAKATI, respondents.
TOPIC: ACTUAL CONTROVERSY
FACTS:
1. Petitioners Juanito Mariano, Jr., Ligaya S. Bautista, Teresita Tibay, Camilo Santos, Frankie Cruz, Ricardo Pascual, Teresita Abang, Valentina Pitalvero, Rufino Caldoza, Florante Alba, and Perfecto Alba. Of the petitioners, only Mariano, Jr., is a resident of Makati. The others are residents of Ibayo Ususan, Taguig, Metro Manila. Suing as taxpayers, assailed the constitutionality of R.A. No. 7854 (An Act Converting the Municipality of Makati Into a Highly Urbanized City to be known as the City of Makati) on the ground that Sec. 51, Article X of said act states:
Sec. 51. Officials of the City of Makati. — The represent elective officials of the Municipality of Makati shall continue as the officials of the City of Makati and shall exercise their powers and functions until such time that a new election is held and the duly elected officials shall have already qualified and assume their offices: Provided, The new city will acquire a new corporate existence. The appointive officials and employees of the City shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the city government of the City of Makati.
2. Petitioners stress that elective local officials, including Members of the House of Representative, have a term of three (3) years and are prohibited from serving for more than three (3) consecutive terms. as provided in section 8, Article X and section 7, Article VI of the Constitution. They argue that by providing that the new city shall acquire a new corporate existence, section 51 of R.A. No. 7854 restarts the term of the present municipal elective officials of Makati and disregards the terms previously served by them.
3. In particular, petitioners point that section 51 has been conveniently crafted to suit the political ambitions of respondent Mayor Binay, Jejomar Binay, who has already served for two (2) consecutive terms and that should Mayor Binay decide to run and eventually win as city mayor in the coming elections, he can still run for the same position in 1998 and seek another three-year consecutive term since his previous three-year consecutive term as municipal mayor would not be counted.
ISSUE:
Whether or not there is an actual case or controversy to challenge the constitutionality of one of the questioned sections of R.A. No. 7854.
RULING:
NO. There is no actual case or controversy challenge Sec. 51 of R.A. No. 7854.
The requirements before a litigant can challenge the constitutionality of a law are:
1) there must be an actual case or controversy;
(2) the question of constitutionality must be raised by the proper party;
(3) the constitutional question must be raised at the earliest possible opportunity; and
(4) the decision on the constitutional question must be necessary to the determination of the case itself.
Petitioners have far from complied with these requirements. The petition is premised on the occurrence of many contingent events, i.e., that Mayor Binay will run again in this coming mayoralty elections; that he would be re-elected in said elections; and that he would seek re-election for the same position in the 1998 elections. Considering that these contingencies may or may not happen, petitioners merely pose a hypothetical issue which has yet to ripen to an actual case or controversy. Petitioners who are residents of Taguig (except Mariano) are not also the proper parties to raise this abstract issue. Worse, they hoist this futuristic issue in a petition for declaratory relief over which this Court has no jurisdiction.
Petition is dismissed for lack of merit.
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Laws cited:
1987 Constitution
Article X. Sec. 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
xxx xxx xxx
Article VI. Sec. 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.
No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
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