CAMID vs.

OFFICE OF THE PRESIDENT Facts : This is a petition for Certiorari arguing the existence of Municipalityof Andong in LanaoDel Sur. This decision have noted the earlier decision of Pelaez where the Executive orders of Former President Macapagal creating 33 Municipalities of Lanao Del Sur was considered null andvoid due to undue delegation of legislative powers. Among the annulled executive orders is EO107 creating Andong. The petitioner herein represents himself as resident of Andong (as aprivate citizen andtaxpayer). Camid contends/argues the following: (1) Municipality of Andong evolved into a fullblown municipality (since there is a complete set of officials appointed to handle essential tasksand services, it has its own high school, Bureau of Post, DECS office, etc. (2) 17 baranggays withchairman; (3) he noted agencies and private groups recognizing Andong and also the CENROand DENR Certification of land area and population of Andong.In the Certification of DILG, there is an enumeration of existing municipalities including 18 0f the33 Municipalities invalidated in Pelaez Case. Camid finds this as an abuse of discretion andunequal treatment for Andong. Likewise, Camid insists the continuing of EO 107, arguing that inMunicipality of San Narciso v. Hon. Mendez, the Court affirmed in making San Andres a de factomunicipal corporation. San Andres was created through an executive order. Thus, this petition. Issue : Whether or not the Municipality of Andong be recognized as a de facto municipalcorporation. NO Held : Municipal corporations may exist by prescription where it is shown that the communityhas claimed and exercised corporate functions, with the knowledge and acquiescence of thelegislature, and without interruption or objection for period long

enough to afford title byprescription. Camid does not have shown factual demonstration of the continuous exercise bythe municipal corporation of its corporation of its corporate powers as well as acquiescence bythe other instrumentalities of the state like charters or the legislatures action.May any action on the Certification be an appropriate solution to Camids prayer? NO. TheC e r t i f i c a t i o n h a s no power or it does not bear any authority to create o r r e v a l i d a t e a municipality.Should the case of Andong be treated same as the case of San Andres? No, for the followingreasons:(1) There are facts found in the San Andres case that are not present in the case at bar: (1) The Executive Order creating San Andres was not invalidated in Pelaez Case, (2) Themunicipality existed for 30 years before it was questioned and (3) The municipality wasclassified as a fifth class municipality and was included in the legislative district in the Houseof Representatives apportionment.( 2 ) A n d o n g d i d not meet the requisites set by LGC of 1991 Sec.442 (d) r e g a r d i n g municipalities created by executive orders. It says: Municipalities existing as of the date of the effectivity of this Code shall continue to exist and operate as such. Existing municipaldistricts organized pursuant to presidential issuances or executive orders and which havetheir respective set of elective municipal officials holding office at the time of the effectivityof this Code shall henceforth be considered as regular municipalities. (3) The failure to appropriate funds for Andong and the absence of elections in themunicipality are eloquent indicia (indicators) that the State does not recognize the existenceof the municipality (4) The Ordinance appended in the 1987 Constitution (which apportioned seats for the Houseof Reps to the different legislative districts in the Philippines, enumerates the variousmunicipalities encompassed in the various districts) did not include Andong.Is

there an unequal treatment since 18 of the 33 invalidated municipalities are now consideredexisting? NONE. The DILG Certification and the Ordinance in the1987 Constitution validatesthem. The fact that there existing organic statutes passed by the legislation recreating thesemunicipalities is enough to accord a different treatment as that of the municipality of Andong.SC DISMISSED petition for lack of Merit. Note the following Sections with regards to juridicalpersonality of corporations in relation to the reasons why San Andres have a different treatmentwith Andong: Batas Pambansa Blg. 8: Section 2. Corporation defined. - A corporation is anartificial being created by operation of law, having the right of succession and the powers,attributes and properties expressly authorized by law or incident to its existence; Section 4.Corporations created by special laws or charters. Corporations created by special laws orcharters shall be governed primarily by the provisions of the special law or charter creating themor applicable to them, supplemented by the provisions of this Code, insofar as they areapplicable. Moreover, under Art.44 of the New Civil Code with relation to Art. 45 of the New CivilCode, those considered as juridical person includes the State and its political subdivisions andOther corporations, institutions and entities for public interest or purpose, created by law; theirpersonality begins as soon as they have been constituted according to law. These two aregoverned by the law creating them. Since Andong has no law recreating it and that it is not arecognized olitical subdivision, it is not also considered a juridical person.What happened with the people from Andong?-The constituent barrios of the voided townreturns to its original municipalities (Lumbatan, Tubig and Tubaran) which are recognized andstill existing. The solution to have Andong recognized is through legislation and not judicialconfirmation of void title