Mayor Celso Lobregat has expressed elation over the latest Supreme Court ruling reinstating its 2008 decision voiding 16 cityhood laws hoping that it is with finality.

But even as he is delighted by the decision, the mayor emphasized anew that he welcomes any and all municipalities to be converted into cities as long as they meet the requirements on population, land area and income.

“We hope it is final”, the mayor said when asked whether or not the Supreme Court decision is final.

Voting 7-6 with 2 justices taking no part, the High Tribunal has granted the motions for reconsideration of the League of Cities of the Philippines (LCP), et al and reinstated its November 18, 2008 decision declaring unconstitutional the cityhood laws or Republic Acts converting 16 municipalities into cities.

Reports reveal that the Court, in a 16-page resolution penned by Senior Justice Antonio T. Carpio, ruled that there could be no reversal of the November 18, 2008 decision “for a tie-vote cannot result in any court order or directive,” as it noted that the Court was evenly divided when it subsequently voted on the second motion for reconsideration. It further ruled that a tie-vote is a non-majority which cannot overrule a prior affirmative action, which in this case was the November 18, 2008 decision striking down the Cityhood Laws.

Mayor Lobregat, who is an active member of the LCP, said municipalities should not be converted into cities if they do not meet the requirements under the law, stressing it will affect the internal revenue allotment (IRA) of existing cities.

Time and again, Lobregat has emphasized that: “If it does not comply the requirements, then we will oppose (the conversion) whatever that municipality is or wherever it is located in Luzon, Visayas or Mindanao”.

According to the report, the SC En Banc upheld its November 18, 2008 decision when the Court by a majority vote denied respondents’ Commission on Elections, et al. on March 31, 2009 first motion for reconsideration. On April 28, 2009, the SC En Banc, by a split vote, denied a second motion for reconsideration. Subsequently, the November 18, 2008 ruling became final and executory and was recorded in the Book of Entries of Judgments on May 21, 2009. However, shortly thereafter, it was realized that there were still pending unresolved motions. Hence, in the resolution of the pending motions, the Court, on December 21, 2009, reversed its November 18, 2008 decision.

Declared as unconstitutional were RA Nos. 9389 (Baybay City in Leyte), 9390 (Bogo City in Cebu), 9391 (Catbalogan City in Samar), 9392 (Tandag City in Surigao del Sur), 9393 (Lamitan City in Basilan), 9394 (Borongan City in Samar), 9398 (Tayabas City in Quezon), 9404 (Tabuk City in Kalinga), 9405 (Bayugan City in Agusan del Sur), 9407 (Batac City in Ilocos Norte), 9408 (Mati City in Davao Oriental), 9409 (Guihulngan City in Negros Oriental), 9434 (Cabadbaran City in Agusan del Norte), 9435 (El Salvador City in Misamis Oriental), 9436 (Carcar City in Cebu), and 9491 (Naga City in Cebu). (GR No. 176951, League of Cities of the Philippines v. Comelec; GR No. 177499, League of Cities of the Philippines v. Comelec; GR No. 178056, League of Cities of the Philippines v. Comelec, August 24, 2010).