G.R. No. 197146. December 6, 2016

'''G.R. No. 197146. December 6, 2016''' is a decision 2016 made by the Supreme Court.

Case Details

 * Hon. Michael L. Rama, et al. Vs. Hon. Gilbert P. Moises, et al.
 * http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/december2016/197146.pdf
 * G.R. No. 197146. December 6, 2016
 * Justice Lucas Bersamin
 * Dissenting Opinion
 * http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/december2016/197146_decastro.pdf
 * http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/december2016/197146_brion.pdf
 * Concurring Opinion
 * http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/december2016/197146_leonen.pdf

Issues

 * THE RESPONDENT COURT ABDICATED ITS CONSTITUTIONAL DUTY IN REFUSING TO DELVE ON THE ISSUE OF CONSTITUTIONALITY.
 * THE JUDGMENT IS VOID ON ITS FACE BECAUSE OF CLEAR CONSTITUTIONAL VIOLATIONS APPARENT BY A MERE READING OF THE DECREE.
 * THE JUDGMENT VIOLATES DUE PROCESS AND THE EQUAL PROTECTION CLAUSE OF THE CONSTITUTION.

Info

 * Yu's expiration of term did not render case moot and academic
 * RTC explained its holding of the assailed provision as valid and constitutional but it thereby erred nonetheless
 * Section 3(b) of P.D. 198 is already superseded
 * Section 3(b) of P.D. 198 is unconstitutional for violating the Due Process Clause and the Equal Protection Clause

Decision
WHEREFORE, we GRANT the petition for certiorari; ANNUL and SET ASIDE the decision rendered in Civil Case No. CEB-34459 on November 16, 2010 by the Regional Trial Court, Branch 18, in Cebu City; and DECLARE as UNCONSTITUTIONAL Section 3(b) of Presidential Decree No. 198 to the extent that it applies to highly urbanized cities like the City of Cebu and to component cities with charters expressly providing for their voters not to be eligible to vote for the officials of the provinces to which they belong for being in violation of the express policy of the 1987 Constitution on local autonomy, the 1991 Local Government Code and subsequent statutory enactments, and for being also in violation of the Due Process Clause and the Equal Protection Clause.

ACCORDINGLY, the Mayor of the the City of Cebu is declared to be the appointing authority of the Members of the Board of Directors of the Metro Cebu Water District.

No pronouncement on costs of suit.

SO ORDERED.