LOPEZ v. COMELEC, G.R. No. L-56022, May 31, 1985 (Digested Case)

LOPEZ v. COMELEC (1985)

Re: Limitations and requisites/Established criteria for LGU creation

FACTS: After a referedum in 1975 wherein residents of the Greater Manila area authorized the  President to restructure the local governments of the four cities and 13 municipalities thereof into an integrated unit of the manager or commission form of government, PD 824 was issued by the President creating a public corporation to be known as the Metropolitan Manila vested with the powers and attributes of a corporation. Petitioners herein assailed the constitutionality of PD 824 relying on the provision of the LGC (enacted in 1983): "No province, city, municipality, or barrio may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code, and subject to the approval by a majority of the votes cast in a plebiscite in the unit or units affected".

ISSUES:

(1) WON PD 824 is unconstitutional.

(2) WON PD 824 violated the equal protection clause of the constitution.

HELD:

(1) No. The doubt on the creation of PD 824 has been removed by the present Constitutional provision and in the Article on Batasang Pambansa that both recognized the existence of the Metropolitan Manila. Furthermore, the plebiscite conducted in 1975 manifested the will of the residence of the area which thus satisfied the provision relied upon by petitioners. It is to be noted likewise that at the time of such plebiscite in February, 1975, there was no Local Government Code.

(2) No. The Constitution does not require things which are different in fact or opinion to be treated in law as though they were the same. It is clear that under the equal protection clause, classification is not forbidden. As was so well put by Justice Laurel as ponente in the leading case People v. Vera: "Class legislation discriminating against some and favoring others is prohibited. But classification on a reasonable basis, and not made arbitrarily or capriciously is permitted." Here, PD 824 has complied with the requirements of valid classification.

*Nota Bene: The president may only excercise general supervision over Metropolitan Manila, contrary to what was previously stipulated therein granting the president the power to control it.