Supreme Court cityhood ruling on 16 towns welcomed

The ruling on the status of the 16 towns came while the SC was holding its summer sessions in Baguio City.

Reports showed that a majority of SC justices denied with finality the appeal of the LCP over the Feb. 15, 2011 decision of the SC declaring the cityhood laws of the 16 new cities as constitutional. Read more

I may not be a religious human being, but I encourage everyone to pray to the Lord Almighty that the imminent nuclear disaster will not happen as an offshoot of the recent devastating earthquake in Japan. The northern Philippines will be affected if ever.

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Skirmishing about cityhood laws

IN THE long drawn-out fight about the validity of the cityhood laws which granted cityhood status to 16 municipalities, there were two initial central issues: (1) whether the laws violated the constitutional provision on the requirements for the creation of cities, and (2) whether the laws violated the equal protection clause of the Constitution. The initial decision affirmed that, yes, both provisions of the Constitution were violated.

This was followed by a motion for reconsideration which was denied. A second motion for reconsideration was also denied on the basis of the Rule of Court which says: “No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained.”

The beneficiaries of the cityhood laws, however, persisted in asking for another reconsideration until the Supreme Court eventually relented. Last Feb. 15 the Court finally decided that the cityhood laws were valid after all.

Whether or not the two cited provisions of the Constitution were violated is a question which will continue to be debated by lawyers. But an interesting question is whether another motion for reconsideration might be entertained.

The current attitude of the Court toward the rule against multiple reconsideration was expressed in the Feb. 15 decision thus: “Finally, we should not be restricted by technical rules of procedure at the expense of the transcendental interest of justice and equity. While it is true that litigation must end, even at the expense of errors in judgment, it is nobler rather for this Court of last resort, as vanguard of truth, to toil in order to dispel apprehensions and doubt . . .” A concurring opinion also said: “At any rate, the Court has under extraordinary circumstances reconsidered its ruling despite an entry of judgment. It will not allow the technical rules to hinder it from rendering just and equitable relief.”

We are all forewarned!

But what considerations of justice and equity did the Court say should not be obstructed by a mere Rule of Court? Some of it were folksy wisdom and others simple facts.

For instance, when the new law requiring a higher financial status before a municipality could become a city was deliberated on and passed, the municipalities involved already had a pending application under the old and less demanding requirement. In other words, the game had already started. The Court accepted the view that the rules should not be changed in mid-game or, if they are, the new rule should not be applied to a game already ongoing.

To the claim of petitioner cities that the cityhood laws would mean a reduction of their respective Internal Revenue Allotment (IRA) shares, the Court pointed out that what the cities were really saying was not that they would receive less than what they had been currently receiving but that they would not get more if the new cities were created. Wryly the Court observed: “it all boils down to money.”

It was noted in fact that “the feared reduction proved to be false when, after the implementation of the Cityhood Laws, their respective shares increased, not decreased,” as shown by IRA records!

The Court used a cruel analogy. The cities were like older children who would dispose of younger siblings who could reduce their share in the inheritance!

Incidentally, what is the rationale behind the new P100 million income requirement imposed by RA No. 9009 for a municipality to become a city? Senate deliberations clearly indicate that it was intended to put a stop to the mad rush to become cities. The rush, if not stopped, the deliberations said, would end in a nation without municipalities but only cities. I am not sure what difference that would make.

As a means for stopping the rush, RA 9009 was effective. But the amount prescribed seems arbitrary. As the Court said, it “cannot be conclusively said to be the only amount sufficient, based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the size of its population. . . It was imposed merely because it is difficult to comply with. While it could be argued that P100 million, being more than the old P20 million requirement, could, of course, provide the essential government facilities, services, and special functions vis-à-vis the population of a municipality wanting to become a component city, it cannot be said that the minimum amount of P20 million would be insufficient. This is evident from the existing cities whose income, up to now, do not comply with the P100 million income requirement, some of which have lower than the P20 million average annual income.”

This last, of course, is no longer a matter of law but already a matter of practical wisdom which belongs to the domain of Congress. But, on the whole, out of the long disquisition of the Court, the complaining League of Cities do not emerge as wronged victims.

Skirmishing about cityhood laws - INQUIRER.net, Philippine News for Filipinos

Bright prospects for Kalinga geothermal project

TAUBK CITY, Kalinga, February 18 – Investors of a geothermal project covering three towns in upper Kalinga initially predicted bright prospects for the putting up of a renewable energy plant to help address the shortage of power in the Luzon grid as well as spur the development of rural areas.

Based on studies conducted by the Department of Energy (DOE) which is now being validated by the investors, the towns of Pasil, Tinglayan and some parts of Lubbuagan are capable of producing more or less 80 megawatts of geothermal power which could add up to the energy supply of the Luzon grid now slowly being overtaken by the rapidly growing demand.

Mitch Stark, project manager of the Kalinga geothermal project of Chevron Philippines, said validation work is now underway for the initial findings on the presence of sufficient supply of steam capable of producing geothermal power in the future. Read more, ZZW

‘Domog’ done in Kalinga astrodome rites

Tabuk, Kalinga - A ritual to drive away evil spirits was performed during the inauguration of the provincial astrodome in Tabuk, Kalinga on February 13, the opening day of the 16th Kalinga Foundation day.

The ‘domog’ is one of the ‘must-do’ rituals done in Kalinga. This is conducted before a family occupies a newly built house or a public structure is opened for public use to drive away or appease spirits who are believed to have dwelt in it during its construction stage.

An animal is usually sacrificed and blood is spilled on the four corners or pillars of the structure to appease the spirits.

Families who have more in life butcher carabaos, cow or pig with an indigenous spiritual leader doing the ritual. A celebration follows afterwards.

Old folks say that if the ‘domog’ is not performed, the spirits inflict harm or cause sickness on the members of the family. Or the spirits disturbs the tranquility of the home to the extent of demanding the family to perform other rituals.

In the case of the astrodome ‘domog’, a chicken was sacrificed. Elder Gummuwang of the Dacalan tribe interpreted the bile of the sacrificial animal to mean that the astrodome was clean of evil spirits.

Columbus Sallidao of the Madokayong tribe then pronounced a pact with the spirits that the ‘domog’ is about to commence for them to see the authenticity of the ritual.

Jose Pangsiw also of the Madokayong tribe chanted the words of the ‘domog’ and in a language understood by the spirits simultaneous with the beating of the gongs and the spilling of the chicken blood.

A group of old women in Kalinga costume did the patching of ground rice on the walls of the gymnasium for the spirits to see proof that ‘domog’ was indeed performed. They also spoke to the spirits in chant telling that the ‘domog’ is complied and appealed for them to move out from the building and go to where they belong.

Likewise, chanting, the old women appealed to the spirits not to come back and give the benefit and opportunity for the house or building occupants to live freely in peace and health.

Rice cakes were distributed for everyone to partake of the successful driving of the spirits signaling the safety of the occupants and a fulfillment of the ‘domog’ that everything eaten in the structure is safe. **by Peter Balocnit, ZZW

Cordi leaders boost campaign for autonomy

TABUK, Kalinga – Autonomy will not diminish the powers, functions and benefits already being exercised and enjoyed by the Cordillera region and its local government units under the present administrative set-up.

Instead, autonomy will give the Cordillera greater control of its remaining resources. It will give the national government legal basis to provide greater development support to a naturally rich yet poverty-stricken mountain region, the resources of which were exploited at its expense for the sake of national development. Read more

Oddities

"The LORD is my light and my salvation- whom shall I fear? The LORD is the stronghold of my life- of whom shall I be afraid?" Psalm 27:1

OFWs through the years had become one of the growth drivers of our economy, and they have even been regarded as modern heroes. Yet we have this government the past weeks that says there is still no need to evacuate our nationals from the Arab countries were struggles for freedom are on the spotlight. After the unprecedented events in Tunisia and Egypt, events that occurred swiftly almost without interval, it might have miscalculated how things are unfolding in these Arab countries ruled by despotic regimes. Now when it started to make move it seems a little too late.

Let's hope for the best though and Let us all pray that the Lord Almighty will spare them from harm's way. Amen.

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