Baybay City No More

            In a recent decision, the Supreme Court, voting 7-5, declared as unconstitutional cityhood laws passed by Congress concerning 16 municipalities, among which is my hometown in Leyte, Baybay.  The High Court granted the petition filed by the League of Cities of the Philippines which sought for the nullification of the cityhood laws.  Put simply, the law, specifically Republic Act No. 9389 from which the cityhood of Baybay emanates, is now declared void and unconstitutional.


            This may come out as an unpleasant surprise to many Baybayanos who already are getting used to the gratifying idea of Baybay as a city.  But perhaps to a few of us, who were aware of this extant petition pending before the Supreme Court, the idea of cityhood may still turn out to be far from being a permanent certainty.

            What makes the Supreme Court take on the role of a kill-joy to the Baybayanos?  The answer is: the Constitution.  The Court ruled that the cityhood laws violate Sections 10, Article 10, as well as the equal-protection clause, of the Constitution.  It basically requires that Congress shall prescribe all the criteria for the creation of a city in the Local Government Code, not in any other law, therefore including the cityhood laws.

            Section 10 of Article 10 of the Constitution provides 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 (LGC) and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.”

Moreover, the Court recognizes a clear violation of Section 6, Article X of the Constitution when the enacted laws appear to prevent a fair and just distribution of the national taxes to local government units.

It now appears that the citihood of Baybay and that of the other fifteen municipalities, were legislated by way of a noticeable circumvention of a clear and unambiguous provision of the Constitution.

But why?  Why did our honorable and brilliant lawmakers resort to this legislative maneuver?    It is because Baybay and the other municipalities no longer qualify for citihood under Republic Act No. 9009 which increased the income requirement, to qualify conversion into a city, from P 20million to P100 million.   In order to pursue that much coveted citihood, our bright legislators enacted these laws—actually, laws that practically exempt Baybay and the other fifteen towns from the new requirement.

A news article of the Business Mirror, contains a brief narrative how Congress came about into passing these cityhood laws, and which eventually brought about the recent SC ruling:

During the 11th Congress, Congress enacted into law 33 bills converting 33 municipalities into cities. However, Congress did not act on bills converting 24 other municipalities into cities.

During the 12th Congress, it enacted into law RA 9009 which took effect on June 30, 2001, amending Section 450 of the LGC by increasing the annual income requirement for conversion of a municipality into a city from P20 million to P100 million.

The amendment was made to restrain the “mad rush” of municipalities to convert into cities solely to secure a larger share in the internal revenue allotment despite the fact that they are incapable of fiscal independence.

After the effectivity of RA 9009, the House of Representatives of the 12th Congress adopted Joint Resolution 29, which sought to exempt from the P100-million income requirement the 24 municipalities, whose cityhood bills were not approved in the 11th Congress.

However, only 16 out of the 24 municipalities heeded the advice of Senator Aquilino Pimentel Jr. to file, through their respective sponsors, individual city
hood bills.

The 16 cityhood bills contained a common provision exempting all the 16 municipalities—Baybay (Leyte); Bogo (Cebu); Catbalogan (Samar); Tandag (Surigao del Sur); Borongan (Eastern Samar); Tayabas (Quezon province); Lamitan (Basilan); Tabuk (Kalinga); Bayugan (Agusan del Sur); Batac (Ilocos Norte); Mati (Davao Oriental); Guihulngan (Negros Oriental); Cabadbaran (Agusan del Norte); Carcar (Cebu); El Salvador (Misamis Oriental); and Naga (Cebu).

The House and the Senate later approved the cityhood bills which lapsed into law on various dates from March to July 2007.

In declaring the cityhood laws unconstitutional, the SC stressed that the Constitution requires that Congress shall prescribe all the criteria for the creation of a city in the LGC, and not in any other law, including the cityhood laws.

“The Constitution is clear. The creation of local government units must follow the criteria established in the Local Government Code and not in any other law. There is only one Local Government Code. The Constitution requires Congress to stipulate in the Local Government Code all the criteria necessary for the creation of a city, including the conversion of a municipality into a city. Congress cannot write such criteria in any other law, like the cityhood laws,” the SC said.

Furthermore, the SC said the cityhood laws failed to adhere to the provisions of Section 450 of the LGC, as amended by RA 9009.

It noted that Congress, in enacting RA 9009, did not provide any exemption from the increased income requirement, not even to the respondent municipalities.

“Since the law is clear, plain and unambiguous that any municipality desiring to convert into a city must meet the increased income requirement, there is no reason to go beyond the letter of the law in applying Section 450 of the Local Government Code, as amended by RA 9009,” the SC added.

Concurring in the ruling were Chief Justice Reynato Puno, Senior Associate Justice Leonardo Quisumbing, Associate Justices Ma. Alicia Austria-Martinez, Conchita Carpio Morales, Presbitero Velasco Jr. and Arturo Brion.

Dissenting were Associate Justices Ruben Reyes, Teresita Leonardo-De Castro, Minita Chico-Nazario, Adolfo Azcuna and Renato Corona.

Associate Justices Dante Tinga and Antonio Eduardo Nachura took no part in the deliberation; while Associate Justice Consuelo Ynares-Santiago is on leave.

                 I’ve visited Baybay a couple of weeks ago, and I still love the place, its innate rustic charms.  There certainly is no other place like it.  City or not.


61 thoughts on “Baybay City No More

  1. Baybay should be a city, even once in our life we can experience the evolution. What you scared about the high taxes? It should be done for the progress of Baybay and for the upcoming generations to come. Let’s be open mind Baybay is basically design to become a city geographically with its land area. And, of course, it should be lead by leaders of good intention to the many Baybayanos

  2. To me, I don’t think Baybay deserves to be a city, at least not yet. It has a potential of becoming one however, there’s still a lot of things to have to happen. We need a major factory built within Baybay that would create hundreds of jobs. Highways and road projects are still a challenged though we have made an improvement in the last 10 years or so. Most of all, our seaports needs a lot of improvement especially we lay geographically in the center and between two cities. The rush of getting Baybay to a city hood is probably due to an increase in appropriation of the local government spending  but like I said there’s still a lot improvement needed for Baybay to become a city. Like Janet, I personally like Baybay as it used to be, a small town where almost everybody knows everybody.

  3. I wonder what difference does this make to the ordinary people of Baybay? I mean those people who can barely afford the basic necessities – those underprivileged who comprise the majority of Baybayanons. These people deserved more than that from our lawmakers. These people are desperate for help. These people don’t probably care whether or not Baybay should be a city – or probably they do, because they’ve been duped by our politicians to believe that cityhood will make their lives better!

  4. janet, yes it feels good reminiscing the good ‘ol town that we knew, grew up in, and loved. If cityhood means better quality of life for its people, then by all means.
    Ettu, i agree Baybay has the best strategic location, geographically, especially its proximity to Cebu City. Why Baybay has not progressed as it should have speaks volumes about its politics–rotten to the core.

  5. Richard, Emerson — with its strategic location, Baybay should have made it to cityhood a long time ago, which means, it has qualified in terms of revenues and other conditions. Unfortunately, Baybay does not qualify under the current standards for cityhood. Baybay is supposed to benefit from its city status in terms of bigger appropriations–but I wouldn’t know if it would trickle down to benefit its residnets.

  6. Atty. Sui if that is the truth why not live here in Baybay and run for Mayor or any to help Baybay to own an intelligent people like you who can manage the City for the benefit of the many Baybayanos and to change the rotten politics that have been long established. We need change and you have the capabilities to do that. Make a change? By the way, i heard a news from a reliable source that Baybay was appealing to the Supreme Court with those cities mentioned earlier for reconsideration to become a City but out of 16 only 8 was approved is it true?

  7. i really don’t care if baybay becomes a city or not. but a referendum or a plebiscite election has transpired, and it is sad to say that it is overwehlming that baybayanos want baybay to be a city. yes, i agree that baybay is not yet ready to become a city, but the baybayanos has spoken, and thier voices has been heard and i am compelled to agree with the majority.

  8. My point exactly, “Lan, more money that stays in the pocket of the politicians – none to the constituents they serve. Regarding Ettu’s comment, Mayor Alan Siu, why not? Not to undermine your capability, but I don’t think Ettu knows how the politics in Baybay are being run. I’m not sure they (not the majority of Baybayanos, but the powerful clan that currently runs the place) are ready to hand it down yet to somebody. If my assertion is wrong, well, I stand corrected.

  9. SELaplana, your’e most probably right, given the bigger appropriation to cities
    Ettu, first of all, I have no pretensions at all of gunning for a political post in Baybay. Even if I do have such ambitions, I would be Don Quixote attacking at windmills. Remember, to become Mayor you have to win the election. Not to sound pessimistic, winning the election takes more than credentials, more than ideals–we had good people running against the trapos before but they lost. Yes, there is no argument—Baybay deserves better leaders. But how to make them win, that’s entirely a different matter.
    Richard, you probably explained it better. Perhaps my idealism has been tempered way much with my pragmatism.

  10. Baj, it is not just a matter of “wanting” to make Baybay a city. Whether it qualifies to become one, in terms of income, population etc., as provided by law, is the very matter considered by the Supreme Court in its decision.

  11. I am a proponent to baybay becoming a city. reason being is it’s about time we start evolving and become a strong voice to municipalities around us. It is good to have a town-like atmosphere and i do think we can still have that feeling if it is well-managed. the town has been my great, greatgrandparents place and i love the place. i see the place more deserving of cityship compared to some that i’ve been to with. the geographical location is excellent. it has vast potential. Water resources from other places is oozing with beauty. they need to tap it and develop waterparks. build sports facilities. improve beaches. it is easy said than to actually do it but i think we need politicians that are visionaries and doers. looking at the future of the place. rather than fattening pockets. when the place is develop , money will just follow.
    i still hope for baybay to be city soon. it is overdue. do we need to get a signature campaign here.

  12. bai allan,
    if you do run, i will do my best to support you whatever, whichever way i can. we just need fresh blood to run the present government we are in, it is just so rotten, it stinks and i can smell it way miles away. our politics in general is what i mean.
    we need an obama-like movement for a breath of fresh politics.
    and bai, if you feel the high calling, i am encouraging you.

  13. rey, i don’t have any plan or even the slightest intention of running for office (even for barangay captain) in Baybay. Not now, anyway. And definitely, I am no Obama. But thank you for the pledge to support. Who knows? 🙂

  14. Let us not despair, fellow Baybayanons. No empire will last forever. That is how history runs.
    “How long? Not long. Because no lie can live forever,” said Dr. Martin Luther King. The lie that there is real progress under a political dynasty. And all other lies they heap on us.
    How long? Not long. Let us keep the yearning for freedom burning in our hearts.
    alvin a. truya

  15. Hi guys…. for me, Baybay has a big potential to be a city.. Just check out its perfect location. Its a gateway to various municipalities in Leyte and throughout the Country…
    Im now living in Agusan with my wife and i visited baybay last december 2008. Our port is much like similar to a Cruise Port..but oh boy, Where is the Ship? MV Rosalia? How disgusting…
    Baybay is a great gateway to different places in the Philippines ^_^
    Our land area is large enough to become a metropolis someday. Its also the home of the Visayas State University that is internationally-renowned and FCIC that was even built through the help of the German & American Franciscan sisters.
    Just check out our Spectacular Rizl Boulevard? 18th Century old Church? Its fantastic
    hihihi…. if i were a millionaire, ill make a franchise to build Marriott Baybay XD… strategically located in the big lot sa tapat ng post office..perfect! just kidding…
    tourism? Mt. Pangasugan is absolutely Mystic! i mean..its a wonderful place… astounding scenery
    also the Brgy. located few meters after Brgy. Buenavista..we can harness its tourism potential… its river system is great for river crusing

  16. According to the Sunstar Daiy yesterday (4-Apr 09), the SC has rejected the appeals of the 16 cities for the retention of its citihood.

  17. I have nothing against Baybay becoming a city. The craving for it to become one I’m sure is not mine alone. I have been away from Baybay for 3 decades now, and I’m saddened to learn it has not changed a lot, i.e. economically and politically. Admit it or not, majority of the town folks are still living below the poverty line. I should know about it because I still have some relatives out there.
    The political dynasty (The Clan) who has been lording it over for as long as I could remember failed to alleviate the situation of their constituents to the extent that some of the daughters of my fellow Baybayanons are even forced, or ended up marrying foreigners old enough to be their father not for love, but just to escape poverty. I know it’s their personal prerogative, but had The Clan worked hard enough to improve the lot of the Baybayanons, there could have been a lot of options. Instead, these politicians, with their insatiable appetite for power and money, spent of half of their political terms planning to whom among their breed they could temporarily pass their mantle of power. Had they paid much attention and put the best interest of the town and its people close to heart, then they should know what is really ailing Baybay; they should know the right medicine to prescribe and how to administer it.
    Dugay na gud silang naglinkod sa trono, nag Mayor, nag Congressman, Governador… Siaro ra gud kun dili makita kun unsaon pag improbar ang Baybay. Kinsa may naulawan sa pagkabawi sa citihood sa Baybay, di ba sila? It shows their failure to improve Baybay – big time!

  18. i agree 2 bobin dugay na cla nag lingkod mao rman ang byby wla gani barko muadto pata sa ormc para mo sakay, naa pero rosalia mahadlok ta mo sakay hehehehe…….og wla sad gani lain petrol station usa ra kabuok.

  19. it’s really sad to say that baybay isn’t growing as it should be. it has a potential of great magnitude as it is strategically located in the bottle neck part of western leyte. with untapped luscious natural resources. but because of this greedy politicians who are only after their own welfare, baybay isn’t moving the way it should be. these political clan who made baybay literally as their source of living.
    sa pagkakaron magpabilin kitang ulipon ining pamilyaha coz wala tawo (apil nako ni-ana) na nisugal pagbatok ini nila.

  20. Some are proud that baybay would become a city, but me? im contented with what baybay have. Cost of living in baybay is low and because of that all of us can afford to buy goods for daily living, we know that most people can’t afford to eat 3x a day. why should want to be a city? when most of the residence can’t afford to pay high taxes? and can’t buy expensive goods? of course goods will also collaborate with taxes because vendors of goods pay every month for the rent of the space in the market.
    They want that Baybay will become a city but i’m sure they’ll murmur because of the expensive prices in the market.!

  21. this 2010, for me the only joyous people of baybay becoming a city is the the well known monsters of Baybay…(the politicians…) Thats very unfortunate… Im sorry to say pero wala namang nangyari from the time na umupo sila sa kanilang airconditioned na opisina… Nakakatakot.. I heard one says, diyan tayo nabubuhay day.. Talagang wala sa kanila ang mga pangako nila kapag eleksyon, to serve people… They just meet in office almost twice a wk…
    How pity, we Baybayanos are… now that elections is fast arriving, Im sure with their “char chars” para magpapansin nanaman sa mga voters…
    you get lost…

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