Tuesday, May 31, 2011

Kalinga Episcopals to educate people on RH Bill

By Estanislao Albano, Jr.
TABUK CITY, Kalinga – In line with the policy of the worldwide Episcopal Church and the Episcopal Church of the Philippines (ECP) to uphold dignity of life, the Episcopal Diocese of Northern Luzon (EDNL) will conduct activities intended to inform and educate people on the Reproductive Health (RH) Bill which is now the subject of acrimonious debates in the Congress.
EDNL Bishop Renato Abibico said that there is a need to educate people on the contents and demands of the bill even as he observed that the bill does not just address family planning but maternal health.
“We need the bill so there will be an oversight on maternal health issues. For example, there are so many contraceptives sold in the market whose quality are suspect and must therefore be regulated,” Abibico said.
Abibico said that the Episcopal Church leaves matters relative to procreation to the husband and wife and that with the RH Bill, they would be adequately informed of their choices and of the possible consequences.
In its 8th Synod in Sagada, Mtn. Province, the ECP passed a resolution expressing its full support for House Bill No. 5043 otherwise known as the Reproductive Health and Population Development Act of 2008 and had urged for its immediate passage.
The resolution declared that the ECP “recognizes the need for family planning and responsible parenthood as a stewardship to uphold the sanctity of life” and resolved that the ECP will continue to educate its members on issues pertaining to dignity of life.
The resolution affirms the statement Prime Bishop Edward Malecdan issued last April 11 calling for the passage of the bill.
The position of the Anglican Communion or worldwide Episcopal Church on the issue of family planning was first enunciated in the 1958 Lambeth Conference when the church stated that family planning is a decision that couples have to make with the aid of their conscience.
“In line with our social concerns program I ask Synod to come up with a resolution in support of the RH Bill being debated in congress. It is a call and in support for the enactment of the bill which is actually pro-life and pro-women and -children, not anti-life as propagated by those against it. The ECP voice on this matter should resonate clearly to be heard by our law makers and by President Aquino himself who has recently pronounced his unequivocal support for the bill,” Malecdan said in his opening message during the Synod.**
SOCIAL PENSION FOR SENIOR CITIZENS-- Governor Jocel Baac gives P1,500.00 to each of the 122 beneficiaries of the government’s social pension program for indigent senior citizens in Tabuk City May 25. The amount represents the pension of the senior citizens for the first quarter. Under the program, identified beneficiaries will receive P500.00 a month until death. Looking on is Department of Social Welfare and Development Regional Director Leonardo Reynoso.** Photo by Estanislao Albano, Jr.

GROs go guerilla in Tabuk City


TABUK CITY, Kalinga – Sangguniang Panlungsod (SP) member Sandra Mejia here has called upon the barangay officials and residents of barangays Casigayan and Dagupan Centro to enforce their prohibition against guest relations officers (GROs) from working in the their territories.
She sounded the call amidst information that some GROs who were displaced when the two barangays stopped the operation of the videokes are now operating guerilla type by posing as mere waitresses in their former establishments and picking up customers on their own.
Mejia said that if the information is true, then the problem has become more complicated as the city can no longer check on the health of the GROs. Under city ordinance, GROs cannot serve customers if they do not have pink cards which they obtain after subjecting themselves to medical examination in the rural health units of the city.
She said that the act of the two barangays banning GROs from working in their barangays which is laudable will be for naught if the GROs could ply their trade clandestinely in the two barangays.
Councilor Faustino Teckney who chairs the committee on rules of the SP said that if the information on the GROs going underground is true, then there is a need for the LGU to deploy an exclusive task force to enforce the ban on the GROs .
Dagupan Centro Barangay Captain Castor Cayaba said that in not issuing clearances to the videoke bars in the barangay, they were only granting the old petition of the residents living near the night establishments who complained of sleepless nights due to sound from the bars, fights among customers, marital conflict and the practice of the bar girls of wearing skimpy clothes in public.
Cayaba clarified that they are still issuing clearances to these establishments but these expressly prohibits the employment of GROs by the videoke bars.
Nelson Dapasen, barangay chief of Casigayan, informed that they closed the lone videoke bar operating in the barangay because it was situated near a school and a church.
Dagupan Weste Barangay Captain Antonio Bonilla said that he had already issued barangay clearances to all three establishments when he received the complaints against videoke bars in the barangay.
On the other hand, Magsaysay Barangay Captain Benito Caysuen said that only one of the four videoke bars operating in the barangay has clearance from his office. A source at the City Treasury, however, insisted that they do not issue business permits unless they are attached with a barangay clearance.
Both Caysoen and Bonilla promised they will no longer issue barangay clearances to establishments employing GROs or bar girls come 2012.
Revenue Collection Clerk Pierre Galicia who heads the existing task force implementing regulations on videoke bars said that his group cannot keep watch over establishments on a 24-hour basis as they are undermanned.
He said that last year, they closed all the videoke bars in the city for various violations but that this year, the establishments have so far been complying.
**

Corn threatens to wipe out the coffee industry in Kalinga


TABUK CITY, Kalinga – Government officials here called on coffee farmers to stop the conversion of their coffee plantations amidst the widespread clearing of ersthwhile coffee lands to give way to corn production.
City Administrator Laurence Bayongan singled out barangay Magnao which used to be one of the leading coffee producers in the city but has since lost the distinction due to the inroads of corn.
“By converting the coffee plantations, we are not only killing the coffee industry but we are aggravating climate change and inviting environmental disasters,” Bayongan said even as he urged farmers in the city to plant new coffee trees.
Grace Baluyan, director of the Department of Trade and Industry here, said that the conversion of coffee plantations to cash crops is clouding the prospects of the coffee processing industry in the province.
Baluyan said that there are seven established coffee processors in the province one of which is already exporting its products abroad.
“The future is not very bright for the coffee processing industry but it’s a challenge we must address. At the moment, the volume of production in the province could still supply the needs of the coffee processors but what we are anticipating is when the volume of orders will increase,” Baluyan said.
Baluyan said that farmers should resume planting and tending to their farms to support the coffee processing industry in the province adding that of special concern is the Arabica variety which is a component of the ground coffee being packed in the province.
“The processors are importing their Arabica beans from Ifugao and Mt. Province because there are no Arabica plantations in the province,” Baluyan said.
Domingo Bakilan who represented Govenor Jocel Baac during the launching of the coffee processing center of the Gawidan Farmers’ Association (GFA) in barangay Bagumbayan on May 25 that the time when the processors will buy their coffee from other provinces should be averted through the planting of more coffee trees.
Teodoro Delson, Department of Labor and Employment (DOST) assistant regional director, said during the same occasion that the coffee processing industry in the province would have a hard time competing with similar products from other provinces if there is lack of raw materials.
He said that to compete globally in quality and price, there is a need for cheaper inputs which could only happen if there is more coffee production in the locality.
Delson urged the GFA to live up to the promise in the box of their coffee products because if not, the whole coffee processing industry in the province will be prejudiced.
He said that producing processed coffee which quality will satisfy customers will build the reputation of coffee products of the province which could even be passed on to the next generation.
Tabuk City Agricultural Technologist Felicitas Balmores said that the coffee processing project is a joint undertaking of the DOLE, the office of Congressman Manuel Agyao, the GFA, the DTI, the Technical Education and Skills Development Authority (TESDA) , the Department of Science and Technology (DOST) and the Tabuk City LGU.
Balmores said that the DOLE funded the fabrication of the roaster and grinder worth P780,000.00, the office of Agyao provided P100,000.00 for the building which the GFA completed from its own funds, the DTI conducted trainings worth P30,000.00 in addition to assisting in the packaging, TESDA footed the labor and honorarium of the operator who trained the GFA members, the DOST funded the packaging at P40,000.00 and Tabuk City has committed P60,000.00 for accessories.
**

Monday, May 16, 2011

YOUTH FOR THE ENVIRONMENT-- These college students are members of the Youth Community Service Club, a partner of Tabuk City for environmental concerns composed of local college students. During their free time, YCSC members are currently potting thousands of tree seeds in time for the seedlings to be planted this coming rainy season.**Photo by Estanislao Albano, Jr.

Tabuk OFW regrets travel ban to Libya

By Estanislao Albano, Jr.


TABUK CITY, Kalinga– Robert Guinaban, 41, one of the OFWs from this city who fled Libya in March as the unrest there mounted, rues the travel ban imposed by the government on that strife-torn country.
That’s after fellow OFWs who opted to stick it out in Libya recently posted in the Facebook social networking site that “we can now go back provided we pay own air fare.”
Guinaban said that he is presently trying to verify the information with the recruitment agency which facilitated the deployment of the latest batch of Filipino nurses to the Tripoli Medical Center (TMC) where he worked as medical technologist in the last eight years.
Guinaban regrets that he cannot go back to Tripoli because he already knows the culture in that country and, on the other hand, if he is fortunate enough to land a job in another country, he will have “to go back to zero.”
He was one of the job seekers who attended the jobs fair held byTabuk City in cooperation with the Department of Labor and Employment last May 6.
He applied for a medical technologist position in Saudi Arabia.
Guinaban who used to work at the Kalinga Provincial Hospital before going abroad in 2002 said that it was hard to leave the TMC, a government-owned hospital, as they were treated well by the management. He added that at one point, there were around a thousand Filipino medical workers in the hospital.
As the conflict escalated and foreign nationals started fleeing the country, the management assured them that they are safe in Tripoli but at the same time, the Philippine Embassy told them that the situation was getting worse and that they should leave via Tunisia.
At that time, they already heard of OFWs walking in the desert as the vehicles they were supposed to use were destroyed by marauders and also of OFWs who were turned back at the Tunisian border because they did not have travel documents.
In the first week of March, the TMC doctors met with them again and repeated their assurance no harm will befall them but this was being belied by the increasing explosions they heard around the city and more so by the increasing number of injured and dead being brought to the hospital.
“During the height of the conflict, the daily average of dead brought to the hospital was 10 to 15 and there was even one time when there was a clash that 25 dead people were brought to the hospital,” Guinaban recalled.
“As the conflict did not show signs of easing, most of us finally decided to leave. We could not take a gamble because we have families. Those who decided to stay are mostly single,” Guinaban said.
As of this writing there are still five OFWs from this province in Tripoli, four of them in the TMC.
Guinaban related that they were fetched from the TMC by buses hired by the Overseas Workers’ Welfare Administration (OWWA) and brought to the Philippine Community School in Tripoli where they stayed for two days.
They were then brought to the port where they boarded the ship Endeavor Lines which took them to Crete, Greece where they were accommodated in a resort.
After three days, they were fetched by Philippine Air Lines planes and they finally arrived in the country on March 10.
According to the Tabuk City Public Employment Services Office, 276 of the 279 job seekers who participated in the May 6 jobs fair passed the initial screening and were told by the eight recruitment agencies which took part in the activity to wait for their call for further interview.
Tabuk City is conducting jobs fairs regularly as part of its program to assist constituents in finding employment here or abroad.** 

Tuesday, May 10, 2011

No immediate solution yet to stray pigs

LACNOG’S HEADACHE. This sow strayed into the barangay public square of Lacnog, Tabuk City, Kalinga some minutes after the culmination program of the Ubuhung Festival on April 20, 2011 was over. It is one of the hundred native pigs roaming freely in the village.** Photo by Estanislao Albano, Jr. 


TABUK CITY, Kalinga – Leaders of Lacnog, this city, were able to crack the problems of highway robbery and cattle-rustling which used to give their barangay a bad name but they are no match to the native pigs which freely roam the village including the national road passing through it.
During the Ubuhung Festival held to mark the 24th founding anniversary of the barangay on April 18-20, 2011, two former barangay captains admitted that making Lacnog folks confine their pigs to their respective compounds is a very tough job.
During his term in 1997, Fidel Pan-oy initiated the enactment of an ordinance penalizing owners of stray animals but gave up trying to implement it because the pig owners refused to obey.
“Initially, some of the pig owners constructed pens. The pens were close to their houses because we have small residential lots here. With the waste of the pigs now concentrated in one place, the owners said that they will get sick due to the smell. We, Butbuts, could not stand foul odor,” Pan-oy said.
Roberto Dawagan who was barangay captain from 2007 to 2010 admits that motorists complain about the pigs due to the possibility their presence on the road will cause accidents adding that there was already an instance where a motorcycle-riding man passing Lacnog took a spill due to a pig on his path.
He tried to reason with the pig owners that aside from preventing possible road accidents, restraining their pigs would help in the maintenance of cleanliness in the barangay and would give other residents the opportunity to do backyard gardening but his pleas fell on deaf ears.
Dawagan said that most residents of Lacnog raise native pigs because it comes next to their farms as a source of income.
“Lacnog is the main source of the native pigs being sold in the market in Bulanao,” Dawagan said.
There is a steady demand for native pigs in the locality not only because of their palatability but also because of their cultural usage as fortune-telling animals. The appearances of the liver and the bile or gall bladder are read by an elder as omens.
Well aware of the failure of his predecessors to find a solution to the problem, newly-elected barangay captain Wallis Ngayaan has come up with his own solution: the construction of a fence that will separate the residential area and the road so that the pigs cannot stray into the road.
The trouble is it cannot still be known immediately if the solution will work because it was not funded this year but is included in the project list for next year.
City officials have been nagging Lacnog officials to do something about the pigs with Councilor Lester Lee Tarnate, chairman of the committee on tourism of the Sangguniang Panlungsod, requesting the barangay officials just this week to get the owners to tether their pigs because the sight of pigs freely roaming around does not create a good impression to visitors especially so that the barangay is at the entrance to the city and the province.**

Rice hybridization not a lost cause even sans gov’t subsidy


 By Estanislao Albano, Jr.
TABUK CITY, Kalinga – A representative of the leading private producer of hybrid rice seeds in the country and an agricultural worker of the Tabuk City LGU are optimistic that local farmers will continue planting hybrid rice varieties despite the decision of the Aquino Administration to stop subsidizing the hybrid seed requirements.
Wilmer Villanueva, sales manager of the SL Agritech for the Cagayan Valley and the Cordillera, and Agricultural Technologist Jullibert Aquino believe that while the absence of subsidy has an impact on the number of hybrid seed users all over the country, the development will not spell the doom of rice hybridization in the country.
The two expressed confidence that eventually, more farmers will realize that the price of hybrid seeds is negligible when compared with the increase in income due to the higher yield of hybrid rice.
Aquino cited the case of Pedro Budanio of Laya East who harvested 209 cavans from his one hectare farm this cropping season. With the farm gate price at P14.00 per kilo at the time, the farmer grossed P146,000.00 thereby netting around P110,000.00.
Aquino also said that during the last cropping, the 65 hectares planted to SL8 in barangay Tuga averaged 184 cavans per hectare.
The normal inbred rice yield in the city is 100 cavans per hectare.
Villanueva who revealed that their nationwide sales this cropping season which is the first without government subsidy plunged from 120,000 bags in the last cropping season to only 60,000 said that the reduction was expected seeing that the first cash out of farmers is substantial.
Up to the last cropping season, the price SL Agritech 20-kilo bag which is good for a hectare is P4,500 but this has been lowered to P3,950.00 this cropping season as part of the company’s strategy to weather the effects of the removal of the government seed subsidy.
Villanueva informed that another strategy they have adopted is the plant now, pay later (PNPL) scheme which they first tried in Tabuk and which, according to him, helped the company distribute 416 bags in the city this cropping season.
“The farmers are in the adjustment period. Our campaign is to make them see the difference in the ROI. Even if the margin is only 40 cavans, that already translates to around P30,000.00 additional income per hectare,” Villanueva said explaining that in Cagayan and Nueva Ecija, the average yield per hectare of SL Agritech varieties are 170 and 180 cavans, respectively.
The 418 hectares planted to the SL8 variety this cropping season is the only remaining area devoted to the new rice technology in the city.
This is a very far cry from the 9,872 hectares in the two cropping season of 2004 when Tabuk was proclaimed by the Department of Agriculture as the town with the widest area planted to hybrid rice.
From that year on, however, the hectarage for hybrid rice in the city steadily declined. **

Monday, May 2, 2011

TADEK IN GOWN

TADEK IN GOWN. Shiena Bautista, first runner-up in the “Miss Ubuhung Festival” pageant in Lacnog, Tabuk City, Kalinga, dance the tadek in a gown during the last day of the festival on April 20, 2011. She had to remove her shoes though.** Photo by Estanislao Albano, Jr.

THREE HUNDRED TABUK LGU SCHOLARS GRADUATE

THREE HUNDRED TABUK LGU SCHOLARS GRADUATE. Jessa Mae Tarinay who just graduated with a Bachelor of Science in Business Administration from Kalinga-Apayao State College as a magna cum laude leads the 300 grantees of the Tabuk City Scholarship Program who graduated this year. She is shown here receiving a certificate of recognition from the LGU from Vice Mayor Darwin Estranero. The new batch of graduates brings to 821 the beneficiaries of the program who finished their courses since the program was started in school year 2002-2003. **Photo by Estanislao Albano, Jr.

New hybrid rice variety successfully tested in Tabuk City


TABUK CITY, Kalinga – Once more proving that the setting of Tabuk City is suited for hybrid rice production, the newest hybrid rice variety released by the National Seed Industry Council (NSIC) has been found to be adaptable to the conditions in the locality.
Gracia Amar, senior science research specialist (SSRS) of the Philrice, informed the media that the maturing M20 (NSIC Rc204H) crop planted in the farm of Rodolfo Apil in barangay Bulo has an average of 332 filled grains with only 14 unfilled grains per panicle and is hoped to eventually yield seven to nine tons per hectare.
She said this is already good considering that the average inbred variety produce in the area is five tons per hectare.
Amar said that according to earlier experiments, the variety which was bred by the Philrice and the University of the Philippines in Los Banos, Laguna could produce as much as 12 tons.
She said that the new variety is being promoted in selected areas in the country starting this cropping season.
Amar who conducted the Science and Technology-based Farm on Rice (STBFR) season long training for Bulo farmers part of which was the testing of the M20 said that the variety has 14-17 tillers per plant and has long panicles.
She said that after the experimental planting, the trainees could promote the variety to other farmers in the locality and that those interested could avail of the seeds from the Philrice at P195.00 per kilo.
In addition to the testing of the M20, during the same training, the A-line of the M20 has also been successfully tried in the city.
SSRS Democrito Rebong II explained that the M20 is the first two-line hybrid rice variety bred in the country and needs a cold place to produce the A-line seeds.
Rebong said that other existing hybrid rice varieties in the country are the three-line type where the production of seeds is done in two stages: the A and B lines are cross-pollinated to produce the A-line which will then be cross-pollinated with the R-line to produce the seeds for commercialization.
With the M20, the A-line seeds are produced by planting them in place where the temperature is at least 22 degrees Celsius during the stage 3 of the panicle initiation and cross pollinating them to its R-line to produce the seeds for commercialization, Rebong said.
“The process of producing A-line seeds in a two-line variety is simple, shorter, cheaper and less laborious as cross-pollination is no longer required. No. b-lines are needed. All you need to do is look for a cool place,” Rebong said.
Saying that there are only three other places in the country where the M20 A-line was planted this season, Rebong expressed surprise that Tabuk with its relatively low altitude of only 220 meters above sea level has the right temperature for the plant.
He said that based on the maturing stand of the experimental crop, the conservative estimated yield of the A-line seeds per hectare is one to two tons which is way above the one ton average seed yield for the three-line types of hybrid varieties.
He added that based on the price of the A-line seeds of the three-line hybrid varieties, the A-line seeds of the M20 could fetch P750.per kilo.
He, however, said that before mass production of the M20 A-line seeds, the Philrice will still await the formulation of guidelines for seed production of the variety from the Bureau of Plant Industry and the National Seed Quality Standards considering that the two-line hybrid rice is a new development in the country.
Twenty-three trainees graduated from the Bulo STBFR which was jointly sponsored by the Philrice and the Philippine Council for Agriculture, Forestry and Natural Resources Research and Development.
Amar said that pest management was the emphasis of the training which also touched on proper water management and scientific fertilizer application.
Government agencies and private companies involved in the production of hybrid rice seeds and commercial hybrid rice are one in saying that this city is one of the best places in the country to grow hybrid rice whether for seed or commercial purposes. **

Tabuk City sanggunian backs hydro power project

Estanislao C. Albano, Jr.


TABUK CITY, Kalinga – The Sangguniang Panlungsod (SP) here has indorsed the proposed 17MW Upper Tabuk Hydropower Project (UTHP) to be located in barangay Dupag, this city.
The UTHP is a mini-hydropower development with a reservoir along the Tanudan River within the ancestral domain of the Minanga tribe with a proposed maximum capacity of 17 megawatts. The consumption of the province is four megawatts.
The project involves the construction of a 35.4 meter high dam which will create a reservoir of around 20 hectares and a total storage capacity of around five million cubic meters.
In a resolution passed this week, the SP took cognizance of the number of benefits to be derived from the operation of the project foremost of which are the revenues that will accrue to Dupag and this city as hosts and likewise the reduction of the electric rates in the province by as much as P150.00 per kilowatt.
In his presentation before the SP, Engr. Daniel Peckley, Jr., project team leader and secretary/treasurer of the project proponent Kalinga Hydropower, Inc. (KHI), informed that annually, the Minanga tribe and the Tabuk LGU will stand to gain P1,000,582.00 and P2,700.714.00, respectively, through national wealth tax, corporate community tax, business permit and the regulations of the Department of Energy (DOE) regarding benefits for host communities.
Aside from the taxes, the Dupag LGU and the Tabuk LGU will annually get total assistance of P750,582.00 and P600,714.00, respectively, in the form of funds for electrification, electric subsidy, development and livelihood, watershed and health development.
Peckley also said the project will bring in infrastructure facilities, livelihood projects and educational assistance to the Minanga tribe.
The SP also took into account the fact that with revenues coming from the hydropower project, the Tabuk LGU will be able to recover in one year the P2,000,000.00 it has invested in the project in 2008.
The amount was used for the conduct of the pre-feasibility study, installation of staff gauge along the Tanudan River and rainfall monitoring station and study and application for grant from the Millenium Challenge Corporation.
The indorsement is one of the four remaining requirements for application of Development Service Contract with the DOE. The others are signed memoranda of agreement with prospective buyers of the generated power, complete comprehensive feasibility study and a consummated deal with the selected investor.
Peckley said that the KHI has already initiated talks with several interested investors, with the National Grid Corporation of the Philippines for the provision of ancillary services and with the Kalinga-Apayao Electric Cooperative and the Cagayan Electric Cooperative I as power buyers.
Peckley told the legislators that P2B is needed to undertake the project.
The KHI has already complied with the other requirements including Certificate of Compliance with the Free, Prior and Informed Consent process from the National Commission on Indigenous Peoples, Environmental Compliance Certificate from the Department of Environment and Natural Resources, Hydropower Service Contract from the DOE and water permit from the National Water Resources Board. 

Monday, April 25, 2011

Tabuk City pawnshop tunneled into

HARD LUCK PAWNSHOP. The first attempt in 2009 was foiled but a second attempt to tunnel into the Anytime Cash Pawnshop in Tabuk City was successful. In photo are policemen bringing out the digging instruments of the robbers on April 18, 2011.** Photo by Estanislao Albano, Jr.

TABUK CITY, Kalinga – Even criminal gangs live by the saying “If at first you don’t succeed, try and try again.”
Almost two years after the police thwarted an attempt to break into the Anytime Cash Sanglaaan pawnshop along Mayangao Street here, the establishment was ransacked last weekend.
The robbers gained entry into the pawnshop through a hole bored through the concrete floor from a meter-wide tunnel under the pawnshop coming from the drainage canal some three meters away.
Quoting Norilyn Tambogon, 33, and Bobby Cunanan, 34, branch head and assistant branch head of the pawnshop chain, respectively, the police said that the robbers carted away more or less P100,000.00 from the cashier’s table drawer and an Asus computer monitor.
The two who reported the robbery to the police minutes after they discovered it last Monday morning further informed that the robbers tried to open the vault with a bolt cutter but did not succeed.
Perhaps that’s what they will work harder on next time.
On the first week of June 2009, the local police foiled an attempt to tunnel into the pawnshop.
Acting on an intelligence that some people were digging a tunnel underneath unidentified business establishments along Mayangao Street from the nearby drainage canal, police investigators found a freshly dug tunnel underneath the pawnshop.
The police staked the pawnshop starting on June 3 but when the robbers did not return on June 8, they concluded that the gang may have caught wind that the police were aware of what they were up to and abandoned the planned heist.
The police exposed the aborted robbery attempt on June 8 by digging at the doorstep of the pawnshop in full public view. They recovered the following equipment from the tunnel: two shovels, one bolt cutter, one hydraulic jack, three improvised chisels, one insecticide spray and a black bag containing five plastic water containers and candies.
This time around, police investigators retrieved from the crime scene an array of digging and boring tools including five crowbars of various sizes, a short shovel, bolt cutter, haydraulic jack, sledge hammer, hand drill and a flashlight.
Investigator Aurelio Bitanga said that the robbers dug alongside the old tunnel which was plugged with gravel and boulders.
He also said that the pawnshop employees have not reported any missing jewelries pawned with the shop. **

Kaingin not only means of livelihood – Tubban

By Estanislao Albano, Jr.

TABUK CITY, Kalinga – Mayor Ferdinand Tubban cannot accept the claim of  constituents engaged in kaingin or slash and burn farming that if they stop the practice, they will starve to death.
 During the annual consultation and planning session for the  barangays of Magnao and Guilayon held in the former barangay on April 19, Tubban firmly told officials and residents in the area to stop the practice of cutting trees and burning the flora on the mountainsides.
 He said that the practice not only worsens the problem of pollution considering that plants especially trees absorb carbon dioxide but it also causes landslides and dries up water sources.
 He reminded that the city already had an experience with a deadly landslide.
 He also pointed out that under the development master plan of the city, the two barangays form a  part of the area designated for tourism activities.
 Tubban refuted the claim of resident Alex Baralin that people in Magnao will not live if they stopped making kaingins recalling that back in the old days, residents of the barangay were able to live on the yield of their coffee plantations and fruit trees.  
 He urged the residents of the two barangays to stop thinking that  slash and burn farming is the only means of livelihood  available to them and instead should explore other possibilities.
 He also advised that since their current means of eking out a living is detrimental to the environment, they should prioritize livelihood in their barangay development plans.
 “You could live without burning trees. It is you who could think of remedies. Think about the best alternative livelihood and let’s see how the LGU could assist you,” Tubban said.
 The ZZW would learn from Magnao resident Peter Gonayon that the slash and burn farming and the burning of mountainsides escalated three years ago when the use of weedicides was introduced in the barangay  simplifying and shortening the process of farm preparation.
 Gonayon said that from then on, corn dislodged rice as the prime agricultural product of the barangay as it could be planted twice a year unlike upland rice which could only be planted once a year.
 He added that the economic returns of corn is much better than that of rice and coffee  but it  led to the clearing of even the mountaintops which is used to be spared from the kaingin practice.
 Interviewed after the consultations, Baralin said that he sees the point of Tubban but insisted it is impossible to grow rice or corn under trees.
 Baralin also claimed that 99 percent of residents of Magnao are kaingineros.
 The situation in Magnao which, incidentally, is the birthplace of Tubban’s father, Thomas, is a challenge to Tubban whose campaign platform and later executive agenda which has the acrostic SAVE EARTH is  very strong on environmental protection.**

Tuesday, April 19, 2011

SC finally rules - Tabuk and 15 others are really cities

By Estanislao Albano, Jr.

TABUK CITY, Kalinga – The David and Goliath match-up is over and it ended like the Biblical showdown of yore.
Voting 7-6, the Supreme Court (SC) dismissed with finality during its session in Baguio City last Tuesday the motion for reconsideration (MR) of the 122-strong League of Cities of the Philippines (LCP) of the court’s February 15, 2011 ruling which upheld the constitutionality of the laws converting 16 muncipalities into the so-called 16 new cities.
In junking the MR, the court demolished the contention of the league that the 16 new cities are unqualified because their local incomes are way below the P100,000,000.00 local income required by RA 9009 for towns to become cities.
The court pointed out that Congress clearly intended the 16 erstwhile towns to be exempted from the P100,000,000.00 local income requirement set by RA 9009 which took effect on June 30, 2001 when the cityhood bills were already pending in Congress.
The decision which was penned by Associate Justice Lucas Bersamin also debunked the argument of the LCP that it is not hard to comply with RA 9009 citing as proof the recent conversion of some towns after having hurdled the income requirement by pointing out that almost half of the 122 members of the league have local incomes below P100,000,000.00.
The court also called the new income requirement arbitrary as it was not supported by research and empirical data and did not take into account the effects of its imposition.
“While the Constitution mandates that the creation of local government units must comply with the criteria laid down in the LGC (Local Government Code), it cannot be justified to insist that the Constitution must have to yield to every amendment to the LGC despite such amendment imminently producing effects contrary to the original thrusts of the LGC to promote autonomy, decentralization, countryside development, and the concomitant national growth,” the court said.
The LCP has been insisting that the cityhood laws violated Article X Section 10 of the Constitution which 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 and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.”
Meantime, the two top officials of this city who have been grappling with the problems resulting from the drastic reduction of the city’s internal revenue allotment (IRA) since they assumed office June 30 of last year lauded the last ruling of the SC.
The P31M monthly IRA of the city which it started receiving in January 2008 was reduced to P11M in June 2009 after the SC issued an entry of judgment on its April 28, 2009 ruling denying the second MR of the 16 new cities of the October Nov. 18, 2008 decision declaring unconstitutional the 16 cityhood laws for violation of Section 6 and 10, Article X of the Constitution.
The sharp reduction of the IRA derailed the development projects as well as affected seriously the delivery of the newly improved services of the city to the detriment of constituents and until now, city officials still have their hands full trying to make both ends meet.
Vice Mayor Darwin Estranero who is new in politics was elated that with the ruling, Tabuk will soon enjoy all the privileges of a city one of which is the increased IRA.
“We are happy because the services we promised during the elections would be realized considering that if indeed the decision is final, our city IRA would soon come. We have been waiting for this because it is our only hope all plans for the city will be realized,” Estranero said.
“For one, we could allocate more funds to peace and order programs which hopefully, would improve our peace and order situation. The peace and order situation remains as one of the number one deterrent to the coming of more investors into the city. More investors would spell speedier economic growth for the city,” Estranero added.
Mayor Ferdinand Tubban who is also new to an elective position thanks God for the victory of the 16 new cities in the SC.
“We thank God that the Supreme Court has declared with finality that Tabuk is a city. There was a time when our quest for cityhood looked hopeless but that did not discourage us. Instead, we were challenged to entrust the matter to God because He is the source of all good,” Tubban said.
Tubban is in the midst of retrenching casual, contractual and job order employees of the LGU because for this year, the amount available for their wages is only P9.5M when the amount necessary to maintain the 416-strong non-regular workforce for the whole year is P19.8M.
Despite the reduction in the IRA, the LGU was able to maintain the services of the non-regular employees through belt-tightening measures, sacrifice of some projects and services and by using the allocations for the unfilled positions in the plantilla.
This year, however, this is no longer possible as the unfilled positions have already been abolished.
Tubban also recognized the people who contributed to the attainment of cityhood including former mayor Basilio Wandag during whose term the drive was set into motion and former congressman Laurence Wacnang who filed the bill in Congress.
“We also thank the many residents of the city who even when the situation seemed hopeless still helped us pray that finally, the Supreme Court will decide in our favor,” Tubban said.
Unlike in the original David and Goliath confrontation which was quickly resolved, however, the struggle between the 16 new cities and the LCP was long drawn and with each side experiencing changes in fortunes a couple of times.
The LCP took the first round when on November 18,2008 the SC declared the laws converting 16 municipalities into cities unconstitutional.
Undaunted by the setback, the 16 new cities fought on and on Dec. 21, 2009, they won a reversal.
But on August 24, 2010, the SC reversed itself anew. This, too, did not take out the fight from the 16 new cities who filed an MR which was granted on February 15, 2011.
Reacting to the reported plan of the LCP to file a second MR, City Legal Counsel Edward Kiser said that this would be an exercise in futility because Section 5, Rule 27 of the Rules of Court disallows a second motion once a ruling becomes final.
“It is clear in the resolution that their MR has been denied with finality. Furthermore, the decision is not only for the MR but for the whole case as it sustained with finality the constitutionality of the conversion of the 16 new cities. If they file an MR, it will be considered a prohibited pleading,” Kiser opined.**

Matagoan Program of the Tabuk City LGU institutionalized

By Estanislao Albano, Jr.

TABUK CITY, Kalinga – Ten years after it inception and after reaping national and even international recognition, the Matagoan Program of this city’s LGU has been institutionalized through an ordinance passed recently.
The program is intended to bring about peace between feuding parties though the usage of indigenous peace-making practices. It also advances the cause of peace in the community by passing policies which aim to prevent disputes and to govern the settlement of disputes in the event they break out.
On the basis of the program’s accomplishments during the period 2006-2008 foremost of which is the improvement of the peace and order situation, the LGU received the prestigious Galing Pook Award in 2009 making it the first ever Cordillera LGU to win the award.
The Galing Pook Foundation chose the Matagoan Program as its entry in the seminar conducted by Liaison Group, the network of award-giving bodies of various countries including the Galing Pook based in Boston, Massachusetts, United States, in Cusco, Peru on December 8-13,2010.
Former Tabuk City mayor Camilo Lammawin, Jr., the initiator of the program, presented the same during the seminar which dealt with movements and innovations being made to improve the lot of indigenous peoples around the world.
Authored by Councilor Faustino Teckney, Jr., Ordinance No. 03, series of 2011, institutionalized the Matagoan Program as the peace program of the city and also provides that allocation for its implemented be included in the annual budget.
Section 2 of the ordinance created the Matagoan Bodong Consultative Council which consists of the city mayor who is chairman, the vice mayor who is vice chairman, the program coordinator and other members who may be appointed by the mayor.
Under Section 4, the following are the functions of the MBCC: acts as policy-making and peace-making body; oversees the implementation of approved peace policies; mediates and conciliates; initiates dornats (rewarming) of the bodong or peace pact; conducts information and education campaign on the program.
In the brief explanatory note, the ordinance recalled that the Matagoan Program was established in 2001 “to establish Tabuk as a peace sanctuary by restoring harmonious relationships and peaceful co-existence between and among the concerned tribes in the place by employing traditional and alternative means of resolving their cases involving both inter-personal and inter-tribal disputes or conflicts.”
It reasoned that since the program is an effective and efficient peace-making means, there is a need to institutionalize it “to help preserve peace and order in Tabuk.”
Program Coordinator Alexander Gunaban lauded the passage of the ordinance saying that now, the program is assured of continuity and regular funding.
He explained that the Matagoan Program is just a special program under the office of the mayor and as such could be discontinued anytime. The Sangguniang Panlungsod (SP) may or may not also allocate funds for it.
He bared that up until now, the Matagoan Program does not have an allocation of its own but shares in the budget of the City Peace and Order Council. ** 

Monday, April 11, 2011

EMB Kalinga tells gold miners to shift to safer methods

By Gigi Dumallig, PIA CAR/Kalinga

TABUK CITY, Kalinga – Small scale miners here should shift to the use of environmentally friendly processes to prevent further pollution of river systems in the province due to the use of mercury in their mining practices.
This is the recommendation of Environment and Management Bureau (EMB) Provincial Officer Engr. Ricardo Dang-iw concerning the latest findings that traces of mercury were found during a recent chemical sampling of the major waterways in the province.
Mining industries are now using Carbon in Pulp (CIP) extraction technique for recovery of gold which has been liberated into a cyanide solution as part of the gold cyanidation process. This should also be adopted in the province to get away from the use of mercury, Dang-iw said.
Because of its detrimental effect on health and the environment, the use of mercury is not allowed in mines. This is aside from the fact that most mercury sources are illegal and if produced it is only allowed for pharmaceutical purposes, explained Dang-iw.
“Mercury is not sold in stores and there are only a few identified regulated industries given the authority to sell this chemical,” he said.
He said that local governments with mining operations in their localities should take action and help local miners to gradually adjust from their traditional mining practices to friendlier methods.
“We have government agencies like the Mines and Geological Bureau (MGB) to assist them set up the new technical processes in local mines,” Dang-iw said suggesting that as a start, the local government units should already issue moratorium on the use of mercury for the miners to comply with the use of safer mining practices.
Asked why not a total mercury ban, he said that the moratorium period will provide the small scale miners time to adjust and adopt the new technology so as not to disrupt their livelihood activities.
He underscored the need for an immediate action from the concerned LGUs not only to protect the river ways but most especially the health of those directly in contact with said hazardous chemical during amalgamation and rode processes.
A sizable income he said is useless if in the future, one ends up using it to just to stay alive from an incurable illness.
Concerning the mercury traces, Dang-iw said that the EMB could not yet determine the extent of contamination since the sampling conducted last January was the first chemical testing in the province. He said that at least a series of water sampling is needed to do the comparison.
He however emphasized that any traces of mercury in water ways should already cause an alarm for the community. It should be expected he said that a higher concentration is possible in the tributaries at the mining areas since the water sampling was conducted only in the lower river portion covered by the EMB test areas.
The province at present has two identified small scale mining areas located in the municipalities of Balbalan and Pasil.
Concerned with the findings, Tabuk City Mayor Ferdinand Tubban recently called the attention of the EMB to also furnish the local government of Tabuk a copy of the findings and recommendation for proper action of the LGU. Tabuk is dependent on the Chico River for its water source for its farm and household needs. **

Army confiscates 2,920 board feet of narra

Peter A. Balocnit

TABUK, Kalinga – Elements of the 77th Infantry Battalion, Philippine Army based at barangay Bantay here confiscated recently 2,920 board feet of narra at the Calanan junction road.
The seizure of the prohibited forest product is the first act of security officers in the province to carry out the mandate of President Aquino in Executive Order No. 23 banning cutting and harvesting of timber in natural and residual forests.
According to reports, the military acted on a tip that a white Elf was loaded with 255 narra lumber flitch being transported along the Pinukpuk-Tabuk national road . Upon confirmation of the information, elements of the 77th IB, 501st Brigade conducted a checkpoint at the Calanan junction here and apprehended said contraband. However, the driver escaped, the report said.
The contraband estimated to value P145,000.00 (local price) was loaded on a drop side type Mitsubishi Canter (not an Isuzu Elf) with plate number THW 944. Immediately after the seizure, the forest items were turned over to the Community Environment and Natural Resources Office here for safekeeping pending the administrative adjudication of the case.
Bonifacio Manganip, Forest Protection Officer of the CENRO said their office posted a notice to the public calling on owners or claimants of said sawn narra lumber to claim the same within 15 days and bring along documents showing proof of ownership and permit allowing cutting and transport.
“If no claimant will appear after the 15-day claiming period, CENRO will issue a notice of hearing for administrative adjudication and if warranted, recommend forfeiture of the items in favor of the government,” he said.
As provided in EO 23, the Armed Forces of the Philippines is a member of the anti-illegal logging task force organized in every province together with the DENR as lead agency; Department of Interior and Local Government, and the Philippine National Police. ** 

Security force dispatched to Lubo, Tanudan to pacify clan conflict

By Peter A. Balocnit , PIA-CAR/Kalinga

TABUK, Kalinga – Security forces from the army and the police are now dispatched in Lubo, Tanudan to pacify the looming clan conflict that claimed two more lives this month.
Fourteen enlisted personnel from the 21st Infantry Battalion, 501st Brigade under 1Lt. Aries Apduhan are now stationed at Lubo to augment local police to fprestall the escalation of hostilities.
Another team from the provincial PNP mobile group will join the peacekeeping force as soon as assignments of personnel in other risk areas are put in place to avoid a security vacuum.
Tanudan Mayor Johnwell Tigganay earlier requested for a peacekeeping force to be deployed in the area. The request was made through the Provincial Peace and Order Council chaired by Gov. Jocel Baac.
Baac directed during the PPOC meeting last week to send a composite team to avert further bloodshed. A composite team was immediately organized and a detachment was established in the conflict zone.
It may be recalled that Roger Cullapoy and Sallaya Condaya of the Angnganay clan were killed in separate incidents the past weeks allegedly by their enemies in a vendetta.
Tiggangay said a Scene of the Crime Operative team went to Lubo to conduct investigations on the killing of Condaya and criminal charges were filed in court against the suspects. **

Tabuk City corn farmers rue tumbling prices

By Estanislao Albano, Jr.

TABUK CITY, Kalinga – Rolando Bangibang, a village councilor, said that his fellow farmers in barangay Cudal who harvested and sold their corn crops up to three weeks ago wore wide smiles on their faces.
“But those who are harvesting now have grim looks on their faces,” the barangay official said.
The reason the mood changed among corn farmers in Cudal and in all other corn-producing places in the city is that starting the first week of March, the prices of corn which hit an all time high of P14.50 per kilo for dried grains in mid-February started to decline steadily.
When the ZZW checked on April 1, the prices have gone down to P10.50 per kilo for dried and P6.50 for undried.
Bangibang said that those who harvested early were able to pay their loans with the village cooperative but that on the other hand, you cannot see those who are harvesting now settling their obligations with the lending institution.
He said that most of the farmers of Cudal borrow their farming capital which averages P25,000.00 per hectare from the village cooperative.
City alderman Martinez Vicente, a resident of barangay Calaccad where like in Cudal 90 percent of the population depend on their cornfields for their sustenance, said that at the current price, corn farmers are lucky if they break even.
“At P10.50 per kilo, you could profit if your harvest is good but if not, then you could even lose considering the high cost of farm inputs and labor nowadays,” Vicente said.
Martinez, however, does not blame local traders for the adverse developments saying that it is the big millers in Isabela with whom the former do business who are setting the prices.
Evelyn Barroga, provincial manager of the National Food Authority (NFA), said that the downtrend in corn prices is caused by the near simultaneous harvest in most of the corn-producing areas in the country.
She informed that with the expected effect of the peaking of the harvest nationwide on the prices of the staple, the NFA is ready to purchase from farmers the moment prices in the market equals or becomes lower than the government support price of P10.40 per kilo.
“For Kalinga, we have P10M allocation for this cropping season. That is equivalent to 12,000 bags. If the prices in the market continue to dip, we could request for augmentation. Last year, we bought 50,000 bags,” Barroga said.
“We are ready to buy whenever the outside prices become lower than the government support price. We are ready to come to the rescue of the farmers,” Barroga added.
In the case of rice, Barroga informed that her office has a budget of P142M to purchase the staple from Kalinga farmers in 2011.
Regarding the complaint of local rice farmers that the quality standards of the agency is too astringent, Barroga said that they have no choice “because we are using government funds for the procurement.”
“The high standards is normal in the existence of the NFA because of the policy of stocking the rice as buffer. It takes at least six months before we dispose of the stock unlike private traders who have brisk turnover of stocks” Barroga said.** 

Tuesday, April 5, 2011

Tabuk City now jueteng free – but for how long?

By Estanislao Albano, Jr.

TABUK CITY, Kalinga – As this news is being written, this city is jueteng-free.
No less than Chief of Police Bobby Glen Ganipac declared to the ZZW that the illegal numbers game no longer exists in his jurisdiction.
Ganipac could not give a definite answer though when the ZZW asked when exactly did Tabuk achieve its new status vis-a-vis jueteng only saying “nabayagen” (long ago.)
When the ZZW pressed him for a specific time, he said it could be a month.
On the other hand, a source at the City Hall had earlier told the ZZW that it was last March 22 that the gambling operation ceased.
But the ZZW is more inclined to believe the statement of a jueteng bettor who said that it was only on Monday, March 28, that the cobradors or jueteng bet collectors stopped plying their trade.
He recalled that the winning numbers in the morning and afternoon draws last Sunday were 21-1 and 17-1, respectively.
The bettor does not believe that the city has heard the last of the local jueteng operation saying that several times in the past, the activity had stopped but these only turned out to be mere lulls.
As for Ganipac, he assured the ZZW that the stoppage of the operation is for good.
When the ZZW asked him if those behind the operation stopped the activity on their own free will, Ganipac answered it was the police who stopped them.
As of press time, the ZZW could not reach the Kalinga and Apayao Religious Sector Association (KARSA), an organization of clergymen which has been waging an uphill battle against the social menace for years now, for comment.
Earlier, the ZZW had tipped the KARSA of the new development and the latter had promised to send someone to place a bet to test the veracity of the information.
The bettor the ZZW talked to estimated the daily jueteng take in the city to be at the vicinity P100,000.00.
**

Tabuk City corn farmers rue tumbling prices

By Estanislao Albano, Jr.

TABUK CITY, Kalinga – Rolando Bangibang, a village councilor, said that his fellow farmers in barangay Cudal who harvested and sold their corn crops up to three weeks ago wore wide smiles on their faces.
“But those who are harvesting now have grim looks on their faces,” the barangay official said.
The reason the mood changed among corn farmers in Cudal and in all other corn-producing places in the city is that starting the first week of March, the prices of corn which hit an all time high of P14.50 per kilo for dried grains in mid-February started to decline steadily.
When the ZZW checked on April 1, the prices have gone down to P10.50 per kilo for dried and P6.50 for undried.
Bangibang said that those who harvested early were able to pay their loans with the village cooperative but that on the other hand, you cannot see those who are harvesting now settling their obligations with the lending institution.
He said that most of the farmers of Cudal borrow their farming capital which averages P25,000.00 per hectare from the village cooperative.
City alderman Martinez Vicente, a resident of barangay Calaccad where like in Cudal 90 percent of the population depend on their cornfields for their sustenance, said that at the current price, corn farmers are lucky if they break even.
“At P10.50 per kilo, you could profit if your harvest is good but if not, then you could even lose considering the high cost of farm inputs and labor nowadays,” Vicente said.
Martinez, however, does not blame local traders for the adverse developments saying that it is the big millers in Isabela with whom the former do business who are setting the prices.
Evelyn Barroga, provincial manager of the National Food Authority (NFA), said that the downtrend in corn prices is caused by the near simultaneous harvest in most of the corn-producing areas in the country.
She informed that with the expected effect of the peaking of the harvest nationwide on the prices of the staple, the NFA is ready to purchase from farmers the moment prices in the market equals or becomes lower than the government support price of P10.40 per kilo.
“For Kalinga, we have P10M allocation for this cropping season. That is equivalent to 12,000 bags. If the prices in the market continue to dip, we could request for augmentation. Last year, we bought 50,000 bags,” Barroga said.
“We are ready to buy whenever the outside prices become lower than the government support price. We are ready to come to the rescue of the farmers,” Barroga added.
In the case of rice, Barroga informed that her office has a budget of P142M to purchase the staple from Kalinga farmers in 2011.
Regarding the complaint of local rice farmers that the quality standards of the agency is too astringent, Barroga said that they have no choice “because we are using government funds for the procurement.”
“The high standards is normal in the existence of the NFA because of the policy of stocking the rice as buffer. It takes at least six months before we dispose of the stock unlike private traders who have brisk turnover of stocks” Barroga said.** 

Monday, March 28, 2011

P-Noy attends to rice needs of IPs

By Estanislao Albano, Jr.

TABUK CITY, Kalinga – The Department of Agriculture (DA) recently launched a new program intended to make indigenous peoples (IPs) living in hilly areas attain self-sufficiency in traditional rice varieties.
Felicitas Balmores of the Tabuk City Agricultural Services Office, one of the four agricultural technologists from the province who attended the training for facilitators for the Upland Rice-based Cropping Systems for Indigenous Peoples program in Malaybalay City, Bukidnon recently, said that the new activity under the Agri Pinoy Program of the new administration is exclusively for IPs.
“The focus is to help IPs increase the production of traditional rice varieties and at the same time attain food sufficiency,” Balmores said.
Balmores said that during the training, the 63 agricultural workers from the different provinces with IP populations and the resource speakers had agreed on the definition of upland as rice production areas with slopes ranging from 18 to 44 degrees with no dikes.
Balmores said that the participants and the resource speakers in the training do not recommend areas with steeper slopes due to the erosion of top soils during rains unless the farmers practice the Sloping Agricultural Land Technology (SALT).
Balmores said that during the seminar, they were taught how to conduct farmers’ field school (FFS) for upland rice technology following the growth stages of the rice plants.
She informed that there is yet no prescribed technology for the facilitators to follow but that this will depend on the results of the techno demo farms that will be established in pursuit of the program.
She said that the Kalinga delegation to the training plan to establish techno demo in Agbannawag and Balawag, both this city, to promote upland rice farming and make use of the idle grassy lands in the two barangays.
“The difference between the upland rice farming the program is promoting and the kaingin system is that the latter involves the cutting of trees while the first does not,” Balmores said.
Balmores said that for the project, the provincial government will provide the rent of the tractor and farm inputs, the Tabuk City LGU the technical assistance while the Agricultural Training Institute of the DA will bankroll expenses for the FFS including the travelling expense of the facilitators.
Balmores informed that during the training, the participants recommended to the DA that the government should also recognize IP farmers in upland areas who follow the SALT by adding a category in the DA’s Gawad Saka awards for them.
Balmores said that the participants all admitted kaingin farming exist in their areas.
In the case of Tabuk, kaingin farming is blamed for the disappearance of sources for irrigation and domestic water and likewise the scarcity of wood for construction purposes.

Binoburoy flares up; 4th year high school stude murdered

By Estanislao Albano, Jr.

TABUK CITY, Kalinga – The current clan war or binoburoy within the Lubo tribe of Tanudan is feared to further escalate after two members of one of the clans were murdered this week.
At 5:30 PM of March 21, Roger Cullapoy, 35, a resident of Bulanao, this city, was shot to death by two men riding in tandem on a motorcycle while he was driving his tricycle in Bulanao.
Three days later in Upper Lubo, Tanudan, Sallaya Condaya, 49, was gunned down inside his house.
Apparently, the gunmen took advantage of the fact that other men relatives of Condaya had left for Bulanao to attend the wake of Cullapoy.
It is widely believed here that the shooting to death of the two victims are connected with the existing clan war between the Wacnang and Angnganay families of the Lubo tribe as they both belong to the latter clan.
The clan war was triggered by the shooting to death of Gilbert Angnganay, 52, a former vice mayor of Tanudan, a resident of Bulanao, allegedly by Santos Wacnang, 52, a resident of Purok 4, Bulanao, in the Bulanao public market on July 20,2010.
The Angnganay clan allegedly retaliated by killing a relative of Wacnang in Lubo, Tanudan sometime later.
Meanwhile on March 21, the body of a fourth year high school student of Pasil National High School in Batongbuhay, Pasil, who has been missing for two days, was found buried in a shallow grave near the house of Leslie Alicog at sitio Biyog, Batongbuhay.
According to sources, the body of Kenneth Lunes, 17, a resident of Batongbuhay, bore signs of torture.
The police are preparing charges of murder against Alicog who was positively identified by witnesses as the assailant. Alicog is at large. 

Tuesday, March 22, 2011

Another Tabuk cooperative arrives

By Estanislao Albano, Jr.
TABUK CITY, Kalinga – Albeit not yet in the league of Tabuk Multi-purpose Cooperative (TAMPCO) which has passed the half billion peso mark in assets, Tabuk Farmers’ Multi-purpose Cooperative (TAFAMULCO) is rising to the ranks of Cordillera cooperatives.
General Manager Emilio Dulnuan said that in the latest rankings, the cooperative which has P90M in assets as of the end of last year has already broken into the top 25 cooperatives in the region assets-wise.
Dulnuan said that their last assets amount represents a 22 percent growth over the total assets of 2009, the same percentage of growth the cooperative posted in the two preceding years.
He revealed that the share capital of the cooperative also increased by 22 percent in 2010. The cooperative has P30.1M share capital as of December 31, 2010 as compared to the P24.4M in the previous year.
Dulnuan said that in 2010, the membership of the cooperative also grew by 13 percent which translates to 309 new members bringing the total number of members to 2,674.
“TAFAMULCO is gathering strength as evidenced by the significant increase in membership. The coming in of more and more members shows that the cooperative is now established and has the confidence of the public,” Dulnuan said.
Dulnuan dates back the increased trust of the community to six years ago when the cooperative moved from its rented offices in the old Goodwill Hospital building in the United Church of Christ in the Philippines compound in barangay Magsaysay to its own building in a lot it procured in barangay Casigayan.
Dulnuan strongly believes that the P3.5M-worth two-storey building provided the proof that the cooperative is now strong and capable which the public was looking for.
Dulnuan also informed that the cooperative has no problems with liquidity.
“We have P36M in the bank. P20M of this could be considered as idle funds as the balance is reserved for any eventuality,” Dulnuan said.
Dulnuan said that this is a complete reversal of the situation from 1997 to 2001 when the devastation wrought by the El Nino phenomenon caused the delinquency rate to spiral from 6.52 percent to 37 percent thereby forcing the cooperative to borrow from various sources so it could continue serving its members.
TAFAMULCO was born on September 23,1985 when farmer members of the UCCP-Tabuk bonded themselves into the informal association Tabuk Farmers Inputs Loan Association with an initial membership of 66 all of whom were members of the church.
Later, however, the association threw its doors open to the whole community accepting members regardless of religion, tribe, social status and political color.
The initial seed money of the association consisted of the P150,000.00 grant from the Asean American Free Labor Institute.
On January 25,1990, the TAFILA was registered with the government as a cooperative and renamed as TAFAMULCO.**

Tuesday, March 15, 2011

Kalinga throws support behind geothermal project

By Estanislao Albano, Jr.

TABUK CITY, Kalinga – The provincial government here has declared its support for the geothermal project of the Chevron Kalinga Ltd. in the towns of Pasil, Lubuagan and Tinglayan in upper Kalinga.
In a resolution passed last Tuesday, the Sangguniang Panlalawigan (SP) said that it is supporting the project “in cognizance of its potential contribution to the development of the Province of Kalinga as well as the entire country.”
The resolution said that the support will take the form of assistance in the solution of problems that will arise during the exploration and guarantee of the cooperation of the stakeholders to ensure the safety and free access of proponents to the area covered by the geothermal contract service (GSC) to conduct their development activities without interference.
The resolution also stated that the provincial government “will institute measures to ensure the safe, responsible and sustainable development of the geothermal resources consistent with culture and heritage of the Kalinga people, and ensure that it advances and provides equitable benefits to the Kalinga people.”
Sangunian secretary Mathew Matbagan said that the resolution was in response to a request from the proponent for endorsement to the three barangays who still have not entered a memorandum of agreement (MOA) allowing proponents to explore in their respective ancestral domains.
Matbagan said the resolution was issued after Antonio Yee, president and general manager of Chevron Geothermal Philippine Holdings Inc. (CGPHI), Bernardo Lim, president and chief executive officer of Aragorn Power and Energy Corporation (APEC) and Ed Sevilla of CGPHI enlightened the SP on the geothermal project.
Magbagan said that it was necessary to summon the company officials because of allegations regarding the project coming from the affected communities including the suspicion that the project is just a camouflage for mining intentions and the fear that the project will trigger volcanic activity.
Yee assured the SP that the project is purely geothermal and that when it comes to volcanic activity, a geothermal project is even positive as it will serve as an outlet for heat inside the earth.
Matbagan said that the SP liked the policy of the company on mining and also its policy to prioritize residents in covered barangays in employment except for highly technical positions to which nobody in the barangays qualify.
Matbagan informed that the representatives did not give a clear answer when SP member Chester Alunday asked if the project could proceed if the three barangays which have not signed a MOA will continue to refuse to do so.
Matbagan said that according to the representatives, the joint venture contract of the three companies is now pending with the Department of Energy (DOE).
The joint venture of Guidance Management Corporation (GMC) and APEC are the holders of the GSC for the proposed geothermal project but that, according to the representatives, the two have merged with Chevron Kalinga of CGPHI to carry out the project.
Matbagan said that the representatives informed that after five years of exploration, Chevron Kalinga will be ready to develop the project which will initially generate 100 MW.
Last month the SP issued Resolution No. 2011-020 welcoming the “investments and operations of the Chevron Geothermal Philippines Holdings Incorporated (Chevron CGPHI) in the province” because the company “has proven its potential contribution to the development of the country through its various programs such as basic human needs, education and training, small and medium enterprise development, capacity building and geothermal projects.”
The officials have also seen the advantage of clean energy development here saying that “Chevron’s natural gas and geothermal projects reduce the country’s dependence on imported fuel through the use of clean, indigenous and reliable energy.”
Last February 13, 2011, Yee was invited to grace the opening day of the 2011 Ulllalim Festival and 16th Kalinga Founding Anniversary.
If pushed through, the project site would involve 17,580 hectares in the ancestral domains of Balatoc, Dalupa-Ableg, Dangtalan, Guina-ang and Culayo in Pasil; Uma in Lubuagan; and Sumadel, Bangad, Tulgao, Dananao and Tongrayan in Tinglayan.**
TABUK INTERNATIONAL WOMEN’S DAY CELEBRATION. These women of barangay Dagupan Centro were among several groups who exhibited their dancing prowess during the International Women’s Day celebration in Tabuk City on March 8. More or less 1,500 women attended the activity which celebrated women’s rights.** Photo by Estanislao Albano, Jr.

Supreme Court likens LCP to wicked siblings

By Estanislao Albano, Jr.

TABUK CITY, Kalinga – Almost half of the members of the League of Cities of the Philippines (LCP) which are questioning the legality of the cityhood of the 16 new cities in the Supreme Court (SC) because, among others, they do not qualify under RA 9009 cannot satisfy the requirements of that law themselves if the same were to be applied to them.
This is just one of the things mentioned in the ruling of the SC granting the motion for reconsideration of the 16 new cities against the earlier decision of the court reverting to its original ruling that the conversion of the 16 erstwhile towns is unconstitutional.
RA 9009 which was passed in June 2001 while the bills converting the 16 towns into cities were already pending in Congress fixed P100,000,000.00 as the local income requirement for a town aspiring to become a city.
According to the ruling penned by Justice Lucas Bersamin, 59 of the 122 members of the LCP have local revenues lower than the minimum set by RA 9009 which, according to the resolution, only showed that a city could function even with a local income lower than P100,000,000.00.
About the amount of P100,000,000.00, the ruling commented that it was arbitrarily set and that it’s intention was purely to make it extremely difficult for towns to convert into cities.
To highlight what it calls the arbitrariness and absurdity of the imposition, the court pointed out that the annual income requirement for highly urbanized cities which rank higher than component cities is only P50,000,000.00.
The records of the proceedings in the Senate wherein Senator Aquilino Pimentel declared that Senate Bill 2157 if it becomes a law will not retroact to the cityhood bills then pending in Congress was also mentioned in the ruling.
The court also pointed out that there is no truth to the allegation of the LCP that there will be a substantial reduction of their internal revenue allotment (IRA) due to the entry of the 16 new cities because their IRAs even increased in 2008, the year after the conversion of the new cities.
Taking note of the LCP’s complaint about the effect of the conversion of the 16 new cities in their capacity to carry out projects and deliver services without giving any thought to the problems of the new cities arising from the obligations they entered into as component cities, the court likened the LCP into “elder siblings wanting to kill the newly-borns so that their inheritance would not be diminished.”
In a related development, in a full page ad in the Philippine Daily Inquirer, Estelito Mendoza, the lead counsel of the 16 new cities, published in full his letter dated June 19, 2009 addressed to then Chief Justice Reynato Puno which the LCP allege as a “secret letter” and which had asked the court to uphold the constitutionality of the 16 new cities.
The letter requested that the motion for reconsideration of the respondent cities be considered and resolved with the participation of all members of the court in compliance with the constitutional requirement that constitutional questions be decided by the court en banc.
Mendoza claimed that there was nothing secret about the letter because it was officially filed with the office of the Chief Justice with each member of the court furnished a copy.
“Distortion of truth by the League of Cities must be exposed lest, as has been said, ‘when falsehood is repeated often enough, the lie becomes the truth.’” **

Monday, March 7, 2011

TAMPCO urged to create more impact on society

By Estanislao Albano, Jr.
 SENIOR TAMPCO MEMBERS. These senior citizens listen to the proceedings during the 39th General Assembly and 40th Founding Anniversary of the Tabuk Multi-purpose Cooperative last February 26.** Photo by Estanislao Albano, Jr. 

TABUK CITY, Kalinga – As it savors the sweet aroma of success, the Tabuk Multi-purpose Cooperative (TAMPCO) should set its eyes on increasing its impact on the socioeconomic and political life of the community it serves and on increasing its contributions to human development.
This was the gist of the message of Anglican bishop and outgoing TAMPCO Board Chairman Renato Abibico during the celebration of the fortieth anniversary of the coop which coincided with its 39th General Assembly on February 26.
Abibico who was Board chairman of TAMPCO in the last four years recalled that in March 14,1971, the cooperative was organized with 33 members and a total capital of P1,235.00 but that 40 years later, the assets of the cooperative has passed the half billion peso mark at P514,700,346.10 as of the end of 2010.
He commented that “the life story of TAMPCO is a good lesson to us that anything that is sown in wisdom, or anything that is established with good intentions, do merit God’s grace and approval.”
However, Abibico continued that TAMPCO should not rest on its laurels but aim for greater things. Citing Dr. M.M. Coady of Canada, he said that the “ultimate goal of the cooperative is to transform human beings from mere shopkeepers, whose thoughts are only limited to money and material things, into something more lofty, and that is to become creative.”
He said that TAMPCO has already embarked in this direction with the establishment of its training-inn-restaurant center, Pi water refilling and distribution service, the funeral care service and lately, the automatic teller machine (ATM) service all of which, according to him, are creating greater impact on the socioeconomic aspect of the community.
Abibico said that the establishment and operation of these new services of the cooperative are in accord with the principles being advocated by the cooperative movement namely the following: the people are the owners of development; the people are the prime movers of development; the people are the direct beneficiaries of the fruits of development; and democratic space for decision-making.
Referring to the financially rewarding operations of the cooperative in 2010, Abibico urged the members not to just pat themselves on the back but “rather set their eyes to more wonderful things that we could make as cooperative in creating more impacts on the socioeconomic and political life of our society.”
“Our mission is to continue to share in the whole process of development that would bring about abundant life not only for our members but for the wider community as well,” Abibico said.
The present asset figure of TAMPCO represent a growth of P57M from that of the previous year.
Within the same period, the membership of the cooperative also increased by 602 bringing the total members of the cooperative to 9,145.
In the elections conducted during the assembly, directors Josephine Doctor and Jefferson Wandag were reelected while Orlando Banatao, Patricia Abibico, Gilbert Cawis and Eddie Rodriguez were elected. They join incumbent directors Valentina Attolba, Pastor de Jesus, Fr. June Inbentan and Fr. Claudio Bagano.
The budget of the cooperative for 2011 with total revenue and net surplus targets of P58,409,894.83 and P25,108,848.05, respectively, and estimated operating expense of P33,301,046.78 was approved by the General Assembly.
The matter that elicited the most questions during the assembly was the usage of the Community Development Fund (CDF) which is three percent of the net income mandated by law to be set aside for community development purposes.
Abibico had reported that P500,000.00 from the CDF was used for the purchase of a dump truck donated to the Tabuk City LGU for waste disposal purposes while Chief Executive Officer Petra Baguiwen stated in her report that several medical missions were conducted and two entities were assisted using money from the CDF.
Under questioning from the members, Abibico said that the donation of the dump truck to the Tabuk City LGU was not covered by a Memorandum of Agreement as it was only responding to a solicitation letter and Chief Executive Officer Petra Baguiwen revealed the amounts given to the beneficiaries. It was decided that in the future, donations will be covered by MOAs and that the amounts given beneficiaries of the CDF will be stated in reports.**

Monday, February 28, 2011

DZRK Tabuk back on the air

By Gigi Dumallig, PIA CAR-Kalinga

TABUK, Kalinga, Feb.21 (PIA) – DZRK Radyo ng Bayan Tabuk, the only government and AM station in the province, is back on the air almost four months after its transmitter was toppled down by Typhoon Juan in October last year.
Jose Rostigue Jr., Broadcast Operations Supervisor of DZRK said the station is currently operating at a seven- kilowatt (kW) power which could service the entire province and some parts of nearby provinces of Isabela, Cagayan and Apayao.
He said that the power could still be increased but this would entail an increase in electricity consumption, so the management opted to maintain a 7 kW power considering that it could already reach it targeted listeners.
Rostigue say that the station is still undergoing some technical adjustments on the newly repaired transmitter saying that it is still experiencing distortion if technicians try to increase above 70% modulation.
The matter he said is being referred to the Composite Technology Inc., the company that serviced the installation and delivery of the station’s tower transmitter.
Out of the 20 spans or 300 feet original tower height, the management was able to salvage 13 spans reducing the tower height to 195 feet, Rostigue said.
To augment the missing length of the antenna, the station he said used the top load vertical antenna to raise the base operating resistance. Basically the shortened tower has not much effect on the station’s service, he said.
Rostigue related that last February 12, the station went on air initially to start tuning the antenna operating on 2 to 3 kilowatt power.
Tuning he said was completed the next day as it went on test broadcast operating on 3 to 5 kilowatt starting with the full coverage of the first day of the 2011th Ullalim Festival and 16th Kalinga Anniversary.
Last Monday the station went on air with its regular programming at 7 kW power.
DZRK Radyo ng Bayan is situated at 837khz on the AM band. As a government radio station, this serves as a medium of development communication with the aim to mobilize all sectors of society towards development and nationalism. Live government news is aired here. ** 

Tabuk City corn crops threatened by dry spell

ONE AND ONLY DRYING FACILITY. This 10 x 15 meter pavement with long cracks running through its sides is the only drying facility in sitio Tanufong, Cudal, Tabuk City. This is rather disastrous considering that Tanufong has 100 hectares of cornlands. Residents say that there were instances when people came to fisticuffs over who should use the pavement first. They add that many politicians promise them additional pavements during campaign periods but that nothing happens after the elections. Standing on the pavement are (from left) Kagawads Leon Linggayo, Roland Bangibang and barangay treasurer Max Soliven.**Photo by Estanislao Albano, Jr. 

TABUK CITY, Kalinga – A milder version of the El Nino-induced dry spell which devastated crops in the country last year is unfolding in the city with corn crops bearing the brunt at this stage.
In a visit to barangay Cudal, which with its 1,000 hectares of cornlands is the leading corn producer in the city, this writer saw corn plants in the vegetative and flowering stages stunted and turning yellow and there are also those fully grown with thin ears.
Barangay officials of Cudal fear that if it does not rain immediately, up to 50 percent of the barangay’s corn crop will be ruined.
They said that while the phenomenon is very much milder than last year’s drought when most of the farmers were unable to recover their investment and even incurred debts and people in the barangay resorted to selling wild ampalaya leaves, bamboo shoots and snails just to survive, the farmers who are still reeling from last year’s El Nino and typhoon Juan will deeply feel the effect of the new blow.
Kagawad Leon Linggayo, 67, and barangay treasurer Max Soliven, 40, said that the 50 percent represent the farmers who planted their crops starting in December.
Soliven said that farmers in the barangay were upbeat about the chances of their crops because of the prediction of the Pag-asa that the weather will be rainy up to May but that as it happened, the rains stopped coming starting December.
City Agriculturist Gilbert Cawis confirmed the estimate of the barangay officials saying that around 50 percent of the corn crops in the whole city are threatened by the dry spell and five percent by the cold climate and that only 35 percent of the corn crops are safe.
Cawis blamed climate change for the abnormal weather condition which brought about the dry spells two years in a row.
“It is supposed to be La Nina but it is not raining. I do not understand,” Cawis said.
In the case of the population center of Cudal which is located on a flat land around 20 meters above the Mallig River bed, it is not only the corn that the dry spell is affecting but the people of Cudal themselves because the deep wells in the village are starting to dry up.
Linggayo said that each time it does not rain for a long time, the deep wells whose depths range from 12 to 28 meters turn dry.
Kagawad Rolando Bangibang, 27, informed that during dry spells, the Mallig River becomes the only source of water for inhabitants of Cudal who go there to bath, wash and draw their domestic water needs.
“The people use sleds and carts to fetch water. They dig round wells on the banks for drinking and cooking purposes. They boil the water before drinking it,” Bangibang said.
The three officials say that during summer and droughts when the river is frequented by Cudal residents, how to get down to the river and go back to the village becomes a grave problem what with the village and the river separated by a 20-meter cliff made of loose earth and soft rocks.
There are no permanent footsteps going down to the river and the people use precarious trails to traverse the distance.
The three officials said that several accidents have already occurred with one old man getting a fracture when he fell to the river bed.
The three are one in saying that concrete footsteps should be constructed.
Barangay captain Wendel Gonayon, however, disagrees saying that considering that the cliff is susceptible to erosion every time the river is swollen, it would just be a waste of money to construct concrete footsteps.
Furthermore, he said that with the river becoming more accessible, young children who are now prevented by the type of the passage to go down to the river might be endangered.
He said that the better solution is to make the water supply in the village adequate thereby eliminating the need for people to go to the river for water.
“We need a water system which does not dry up even during droughts, one with a tank and distribution lines,” Gonayon said.**

Saturday, February 26, 2011

Latest Supreme court Decision on Cityhood Laws

Republic of the Philippines

Supreme Court

Manila

EN BANC

League of Cities of the Philippines (LCP), represented by LCP National President Jerry P. Treñas; City of Calbayog, represented by Mayor Mel Senen S. Sarmiento; and Jerry P. Treñas, in his personal capacity as Taxpayer,

Petitioners,

- versus -

Commission on Elections; Municipality of Baybay, Province of Leyte; Municipality of Bogo, Province of Cebu; Municipality of Catbalogan, Province of Western Samar; Municipality of Tandag, Province of Surigao del Sur; Municipality of Borongan, Province of Eastern Samar; and Municipality of Tayabas, Province of Quezon,

Respondents.

X- - - - - - - - - - - - - - - - - - - - - - X

League of Cities of the Philippines (LCP), represented by LCP National President Jerry P. Treñas; City of Calbayog, represented by Mayor Mel Senen S. Sarmiento; and Jerry P. Treñas, in his personal capacity as Taxpayer,

Petitioners,

- versus -

Commission on Elections; Municipality of Lamitan, Province of Basilan; Municipality of Tabuk, Province of Kalinga; Municipality of Bayugan, Province of Agusan del Sur; Municipality of Batac, Province of Ilocos Norte; Municipality of Mati, Province of Davao Oriental; and Municipality of Guihulngan, Province of Negros Oriental,

Respondents.

X- - - - - - - - - - - - - - - - - - - - - - X

League of Cities of the Philippines (LCP), represented by LCP National President Jerry P. Treñas; City of Calbayog, represented by Mayor Mel Senen S. Sarmiento; and Jerry P. Treñas, in his personal capacity as Taxpayer,

Petitioners,

- versus -

Commission on Elections; Municipality of Cabadbaran, Province of Agusan del Norte; Municipality of Carcar, Province of Cebu; Municipality of El Salvador, Province of Misamis Oriental; Municipality of Naga, Cebu; and Department of Budget and Management,

Respondents.

G.R. No. 176951

G.R. No. 177499

G.R. No. 178056

Present:

CORONA, C.J.,

CARPIO,

CARPIO MORALES,

VELASCO, JR.,

NACHURA,

LEONARDO-DE CASTRO,

BRION,

PERALTA,

BERSAMIN,

DEL CASTILLO,

ABAD,

VILLARAMA, JR.,

PEREZ,

MENDOZA, and

SERENO, JJ.

Promulgated:

February 15, 2011

x-----------------------------------------------------------------------------------------x

RESOLUTION

BERSAMIN, J.:

For consideration of this Court are the following pleadings:

1. Motion for Reconsideration of the “Resolution” dated August 24, 2010 dated and filed on September 14, 2010 by respondents Municipality of Baybay, et al.; and

2. Opposition [To the “Motion for Reconsideration of the ‘Resolution’ dated August 24, 2010”].

Meanwhile, respondents also filed on September 20, 2010 a Motion to Set “Motion for Reconsideration of the ‘Resolution’ dated August 24, 2010” for Hearing. This motion was, however, already denied by the Court En Banc.

A brief background —

These cases were initiated by the consolidated petitions for prohibition filed by the League of Cities of the Philippines (LCP), City of Iloilo, City of Calbayog, and Jerry P. Treñas, assailing the constitutionality of the sixteen (16) laws,[1] each converting the municipality covered thereby into a component city (Cityhood Laws), and seeking to enjoin the Commission on Elections (COMELEC) from conducting plebiscites pursuant to the subject laws.

In the Decision dated November 18, 2008, the Court En Banc, by a 6-5 vote,[2] granted the petitions and struck down the Cityhood Laws as unconstitutional for violating Sections 10 and 6, Article X, and the equal protection clause.

In the Resolution dated March 31, 2009, the Court En Banc, by a 7-5 vote,[3] denied the first motion for reconsideration.

On April 28, 2009, the Court En Banc issued a Resolution, with a vote of 6-6,[4] which denied the second motion for reconsideration for being a prohibited pleading.

In its June 2, 2009 Resolution, the Court En Banc clarified its April 28, 2009 Resolution in this wise—

As a rule, a second motion for reconsideration is a prohibited pleading pursuant to Section 2, Rule 52 of the Rules of Civil Procedure which provides that: “No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained.” Thus, a decision becomes final and executory after 15 days from receipt of the denial of the first motion for reconsideration.

However, when a motion for leave to file and admit a second motion for reconsideration is granted by the Court, the Court therefore allows the filing of the second motion for reconsideration. In such a case, the second motion for reconsideration is no longer a prohibited pleading.

In the present case, the Court voted on the second motion for reconsideration filed by respondent cities. In effect, the Court allowed the filing of the second motion for reconsideration. Thus, the second motion for reconsideration was no longer a prohibited pleading. However, for lack of the required number of votes to overturn the 18 November 2008 Decision and 31 March 2009 Resolution, the Court denied the second motion for reconsideration in its 28 April 2009 Resolution.[5]

Then, in another Decision dated December 21, 2009, the Court En Banc, by a vote of 6-4,[6] declared the Cityhood Laws as constitutional.

On August 24, 2010, the Court En Banc, through a Resolution, by a vote of 7-6,[7] resolved the Ad Cautelam Motion for Reconsideration and Motion to Annul the Decision of December 21, 2009, both filed by petitioners, and the Ad Cautelam Motion for Reconsideration filed by petitioners-in-intervention Batangas City, Santiago City, Legazpi City, Iriga City, Cadiz City, and Oroquieta City, reinstating the November 18, 2008 Decision. Hence, the aforementioned pleadings.

Considering these circumstances where the Court En Banc has twice changed its position on the constitutionality of the 16 Cityhood Laws, and especially taking note of the novelty of the issues involved in these cases, the Motion for Reconsideration of the “Resolution” dated August 24, 2010 deserves favorable action by this Court on the basis of the following cogent points:

1.

The 16 Cityhood Bills do not violate Article X, Section 10 of the Constitution.

Article X, Section 10 provides—

Section 10. No province, city, municipality, or barangay 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 approval by a majority of the votes cast in a plebiscite in the political units directly affected.

The tenor of the ponencias of the November 18, 2008 Decision and the August 24, 2010 Resolution is that the exemption clauses in the 16 Cityhood Laws are unconstitutional because they are not written in the Local Government Code of 1991 (LGC), particularly Section 450 thereof, as amended by Republic Act (R.A.) No. 9009, which took effect on June 30, 2001, viz.

Section 450. Requisites for Creation. –a) A municipality or a cluster of barangays may be converted into a component city if it has a locally generated annual income, as certified by the Department of Finance, of at least One Hundred Million Pesos (P100,000,000.00) for at least two (2) consecutive years based on 2000 constant prices, and if it has either of the following requisites:

x x x x

(c) The average annual income shall include the income accruing to the general fund, exclusive of special funds, transfers, and non-recurring income. (Emphasis supplied)

Prior to the amendment, Section 450 of the LGC required only an average annual income, as certified by the Department of Finance, of at least P20,000,000.00 for the last two (2) consecutive years, based on 1991 constant prices.

Before Senate Bill No. 2157, now R.A. No. 9009, was introduced by Senator Aquilino Pimentel, there were 57 bills filed for conversion of 57 municipalities into component cities. During the 11th Congress (June 1998-June 2001), 33 of these bills were enacted into law, while 24 remained as pending bills. Among these 24 were the 16 municipalities that were converted into component cities through the Cityhood Laws.

The rationale for the enactment of R.A. No. 9009 can be gleaned from the sponsorship speech of Senator Pimentel on Senate Bill No. 2157, to wit—

Senator Pimentel. Mr. President, I would have wanted this bill to be included in the whole set of proposed amendments that we have introduced to precisely amend the Local Government Code. However, it is a fact that there is a mad rush of municipalities wanting to be converted into cities. Whereas in 1991, when the Local Government was approved, there were only 60 cities, today the number has increased to 85 cities, with 41 more municipalities applying for conversion to the same status. At the rate we are going, I am apprehensive that before long this nation will be a nation of all cities and no municipalities.

It is for that reason, Mr. President, that we are proposing among other things, that the financial requirement, which, under the Local Government Code, is fixed at P20 million, be raised to P100 million to enable a municipality to have the right to be converted into a city, and the P100 million should be sourced from locally generated funds.

What has been happening, Mr. President, is, the municipalities aspiring to become cities say that they qualify in terms of financial requirements by incorporating the Internal Revenue share of the taxes of the nation on to their regularly generated revenue. Under that requirement, it looks clear to me that practically all municipalities in this country would qualify to become cities.

It is precisely for that reason, therefore, that we are seeking the approval of this Chamber to amend, particularly Section 450 of Republic Act No. 7160, the requisite for the average annual income of a municipality to be converted into a city or cluster of barangays which seek to be converted into a city, raising that revenue requirement from P20 million to P100 million for the last two consecutive years based on 2000 constant prices.[8]

While R.A. No. 9009 was being deliberated upon, Congress was well aware of the pendency of conversion bills of several municipalities, including those covered by the Cityhood Laws, desiring to become component cities which qualified under the P20 million income requirement of the old Section 450 of the LGC. The interpellation of Senate President Franklin Drilon of Senator Pimentel is revealing, thus—

THE PRESIDENT. The Chair would like to ask for some clarificatory point.

SENATOR PIMENTEL. Yes, Mr. President.

THE PRESIDENT. This is just on the point of the pending bills in the Senate which propose the conversion of a number of municipalities into cities and which qualify under the present standard.

We would like to know the view of the sponsor: Assuming that this bill becomes a law, will the Chamber apply the standard as proposed in this bill to those bills which are pending for consideration?

SENATOR PIMENTEL. Mr. President, it might not be fair to make this bill, on the assumption that it is approved, retroact to the bills that are pending in the Senate conversion from municipalities to cities.

THE PRESIDENT. Will there be an appropriate language crafted to reflect that view? Or does it not become a policy of the Chamber, assuming that this bill becomes a law tomorrow, that it will apply to those bills which are already approved by the House under the old version of the Local Government Code and are now pending in the Senate? The Chair does not know if we can craft a language which will limit the application to those which are not yet in the Senate. Or is that a policy that the Chamber will adopt?

SENATOR PIMENTEL. Mr. President, personally, I do not think it is necessary to put that provision because what we are saying here will form part of the interpretation of this bill. Besides, if there is no retroactivity clause, I do not think that the bill would have any retroactive effect.

THE PRESIDENT. So the understanding is that those bills which are already pending in the Chamber will not be affected.

SENATOR PIMENTEL. These will not be affected, Mr. President.

THE PRESIDENT. Thank you Mr. Chairman.[9]

Clearly, based on the above exchange, Congress intended that those with pending cityhood bills during the 11th Congress would not be covered by the new and higher income requirement of P100 million imposed by R.A. No. 9009. When the LGC was amended by R.A. No. 9009, the amendment carried with it both the letter and the intent of the law, and such were incorporated in the LGC by which the compliance of the Cityhood Laws was gauged.

Notwithstanding that both the 11th and 12th Congress failed to act upon the pending cityhood bills, both the letter and intent of Section 450 of the LGC, as amended by R.A. No. 9009, were carried on until the 13th Congress, when the Cityhood Laws were enacted. The exemption clauses found in the individual Cityhood Laws are the express articulation of that intent to exempt respondent municipalities from the coverage of R.A. No. 9009.

Even if we were to ignore the above quoted exchange between then Senate President Drilon and Senator Pimentel, it cannot be denied that Congress saw the wisdom of exempting respondent municipalities from complying with the higher income requirement imposed by the amendatory R.A. No. 9009. Indeed, these municipalities have proven themselves viable and capable to become component cities of their respective provinces. It is also acknowledged that they were centers of trade and commerce, points of convergence of transportation, rich havens of agricultural, mineral, and other natural resources, and flourishing tourism spots. In this regard, it is worthy to mention the distinctive traits of each respondent municipality, viz—

Batac, Ilocos Norte – It is the biggest municipality of the 2nd District of Ilocos Norte, 2nd largest and most progressive town in the province of Ilocos Norte and the natural convergence point for the neighboring towns to transact their commercial ventures and other daily activities. A growing metropolis, Batac is equipped with amenities of modern living like banking institutions, satellite cable systems, telecommunications systems. Adequate roads, markets, hospitals, public transport systems, sports, and entertainment facilities. [Explanatory Note of House Bill No. 5941, introduced by Rep. Imee R. Marcos.]

El Salvador, Misamis Oriental – It is located at the center of the Cagayan-Iligan Industrial Corridor and home to a number of industrial companies and corporations. Investment and financial affluence of El Salvador is aptly credited to its industrious and preserving people. Thus, it has become the growing investment choice even besting nearby cities and municipalities. It is home to Asia Brewery as distribution port of their product in Mindanao. The Gokongwei Group of Companies is also doing business in the area. So, the conversion is primarily envisioned to spur economic and financial prosperity to this coastal place in North-Western Misamis Oriental. [Explanatory Note of House Bill No. 6003, introduced by Rep. Augusto H. Bacullo.]

Cabadbaran, Agusan del Norte – It is the largest of the eleven (11) municipalities in the province of Agusan del Norte. It plays strategic importance to the administrative and socio-economic life and development of Agusan del Norte. It is the foremost in terms of trade, commerce, and industry. Hence, the municipality was declared as the new seat and capital of the provincial government of Agusan del Norte pursuant to Republic Act No. 8811 enacted into law on August 16, 2000. Its conversion will certainly promote, invigorate, and reinforce the economic potential of the province in establishing itself as an agro-industrial center in the Caraga region and accelerate the development of the area. [Explanatory Note of House Bill No. 3094, introduced by Rep. Ma. Angelica Rosedell M. Amante.]

Borongan, Eastern Samar – It is the capital town of Eastern Samar and the development of Eastern Samar will depend to a certain degree of its urbanization. It will serve as a catalyst for the modernization and progress of adjacent towns considering the frequent interactions between the populace. [Explanatory Note of House Bill No. 2640, introduced by Rep. Marcelino C. Libanan.]

Lamitan, Basilan – Before Basilan City was converted into a separate province, Lamitan was the most progressive part of the city. It has been for centuries the center of commerce and the seat of the Sultanate of the Yakan people of Basilan. The source of its income is agro-industrial and others notably copra, rubber, coffee and host of income generating ventures. As the most progressive town in Basilan, Lamitan continues to be the center of commerce catering to the municipalities of Tuburan, Tipo-Tipo and Sumisip. [Explanatory Note of House Bill No. 5786, introduced by Rep. Gerry A. Salapuddin.]

Catbalogan, Samar – It has always been the socio-economic-political capital of the Island of Samar even during the Spanish era. It is the seat of government of the two congressional districts of Samar. Ideally located at the crossroad between Northern and Eastern Samar, Catbalogan also hosts trade and commerce activates among the more prosperous cities of the Visayas like Tacloban City, Cebu City and the cities of Bicol region. The numerous banks and telecommunication facilities showcases the healthy economic environment of the municipality. The preeminent and sustainable economic situation of Catbalogan has further boosted the call of residents for a more vigorous involvement of governance of the municipal government that is inherent in a city government. [Explanatory Note of House Bill No. 2088, introduced by Rep. Catalino V. Figueroa.]

Bogo, Cebu – Bogo is very qualified for a city in terms of income, population and area among others. It has been elevated to the Hall of Fame being a five-time winner nationwide in the clean and green program. [Explanatory Note of House Bill No. 3042, introduced by Rep. Clavel A. Martinez.]

Tandag, Surigao del Sur – This over 350 year old capital town the province has long sought its conversion into a city that will pave the way not only for its own growth and advancement but also help in the development of its neighboring municipalities and the province as a whole. Furthermore, it can enhance its role as the province’s trade, financial and government center. [Explanatory Note of House Bill No. 5940, introduced by Rep. Prospero A. Pichay, Jr.]

Bayugan, Agusan del Sur – It is a first class municipality and the biggest in terms of population in the entire province. It has the most progressive and thickly populated area among the 14 municipalities that comprise the province. Thus, it has become the center for trade and commerce in Agusan del Sur. It has a more developed infrastructure and facilities than other municipalities in the province. [Explanatory Note of House Bill No. 1899, introduced by Rep. Rodolfo “Ompong” G. Plaza.]

Carcar, Cebu – Through the years, Carcar metamorphosed from rural to urban and now boast of its manufacturing industry, agricultural farming, fishing and prawn industry and its thousands of large and small commercial establishments contributing to the bulk of economic activities in the municipality. Based on consultation with multi-sectoral groups, political and non-government agencies, residents and common folk in Carcar, they expressed their desire for the conversion of the municipality into a component city. [Explanatory Note of House Bill No. 3990, introduced by Rep. Eduardo R. Gullas.]

Guihulngan, Negros Oriental – Its population is second highest in the province, next only to the provincial capital and higher than Canlaon City and Bais City. Agriculture contributes heavily to its economy. There are very good prospects in agricultural production brought about by its favorable climate. It has also the Tanon Strait that provides a good fishing ground for its numerous fishermen. Its potential to grow commercially is certain. Its strategic location brought about by its existing linkage networks and the major transportation corridors traversing the municipality has established Guihulngan as the center of commerce and trade in this part of Negros Oriental with the first congressional district as its immediate area of influence. Moreover, it has beautiful tourist spots that are being availed of by local and foreign tourists. [Explanatory Note of House Bill No. 3628, introduced by Rep. Jacinto V. Paras.]

Tayabas, Quezon – It flourished and expanded into an important politico-cultural center in [the] Tagalog region. For 131 years (1179-1910), it served as the cabecera of the province which originally carried the cabecera’s own name, Tayabas. The locality is rich in culture, heritage and trade. It was at the outset one of the more active centers of coordination and delivery of basic, regular and diverse goods and services within the first district of Quezon Province. [Explanatory Note of House Bill No. 3348, introduced by Rep. Rafael P. Nantes.]

Tabuk, Kalinga – It not only serves as the main hub of commerce and trade, but also the cultural center of the rich customs and traditions of the different municipalities in the province. For the past several years, the income of Tabuk has been steadily increasing, which is an indication that its economy is likewise progressively growing. [Explanatory Note of House Bill No. 3068, introduced by Rep. Laurence P. Wacnang.]

Available information on Baybay, Leyte; Mati, Davao Oriental; and Naga, Cebu shows their economic viability, thus:

Covering an area of 46,050 hectares, Baybay [Leyte] is composed of 92 barangays, 23 of which are in the poblacion. The remaining 69 are rural barangays. Baybay City is classified as a first class city. It is situated on the western coast of the province of Leyte. It has a Type 4 climate, which is generally wet. Its topography is generally mountainous in the eastern portion as it slopes down west towards the shore line. Generally an agricultural city, the common means of livelihood are farming and fishing. Some are engaged in hunting and in forestall activities. The most common crops grown are rice, corn, root crops, fruits, and vegetables. Industries operating include the Specialty Products Manufacturing, Inc. and the Visayan Oil Mill. Various cottage industries can also be found in the city such as bamboo and rattan craft, ceramics, dress-making, fiber craft, food preservation, mat weaving, metal craft, fine Philippine furniture manufacturing and other related activities. Baybay has great potential as a tourist destination, especially for tennis players. It is not only rich in biodiversity and history, but it also houses the campus of the Visayas State University (formerly the Leyte State University/Visayas State College of Agriculture/Visayas Agricultural College/Baybay National Agricultural School/Baybay Agricultural High School and the Jungle Valley Park.) Likewise, it has river systems fit for river cruising, numerous caves for spelunking, forests, beaches, and marine treasures. This richness, coupled with the friendly Baybayanos, will be an element of a successful tourism program. Considering the role of tourism in development, Baybay City intends to harness its tourism potential. ( visited September 19, 2008)

Mati [Davao Oriental] is located on the eastern part of the island of Mindanao. It is one hundred sixty-five (165) kilometers away from Davao City, a one and a half-hour drive from Tagum City. Visitors can travel from Davao City through the Madaum diversion road, which is shorter than taking the Davao-Tagum highway. Travels by air and sea are possible, with the existence of an airport and seaport. Mati boasts of being the coconut capital of Mindanao if not the whole country. A large portion of its fertile land is planted to coconuts, and a significant number of its population is largely dependent on it. Other agricultural crops such as mango, banana, corn, coffee and cacao are also being cultivated, as well as the famous Menzi pomelo and Valencia oranges. Mati has a long stretch of shoreline and one can find beaches of pure, powder-like white sand. A number of resorts have been developed and are now open to serve both local and international tourists. Some of these resorts are situated along the coast of Pujada Bay and the Pacific Ocean. Along the western coast of the bay lies Mt. Hamiguitan, the home of the pygmy forest, where bonsai plants and trees grow, some of which are believed to be a hundred years old or more. On its peak is a lake, called “Tinagong Dagat,” or hidden sea, so covered by dense vegetation a climber has to hike trails for hours to reach it. The mountain is also host to rare species of flora and fauna, thus becoming a wildlife sanctuary for these life forms. ( accessed on September 19, 2008.)

Mati is abundant with nickel, chromite, and copper. Louie Rabat, Chamber President of the Davao Oriental Eastern Chamber of Commerce and Industry, emphasized the big potential of the mining industry in the province of Davao Oriental. As such, he strongly recommends Mati as the mining hub in the Region.

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Naga [Cebu]: Historical Background—In the early times, the place now known as Naga was full of huge trees locally called as “Narra.” The first settlers referred to this place as Narra, derived from the huge trees, which later simply became Naga. Considered as one of the oldest settlements in the Province of Cebu, Naga became a municipality on June 12, 1829. The municipality has gone through a series of classifications as its economic development has undergone changes and growth. The tranquil farming and fishing villages of the natives were agitated as the Spaniards came and discovered coal in the uplands. Coal was the first export of the municipality, as the Spaniards mined and sent it to Spain. The mining industry triggered the industrial development of Naga. As the years progressed, manufacturing and other industries followed, making Naga one of the industrialized municipalities in the Province of Cebu.

Class of Municipality 1st class

Province Cebu

Distance from Cebu City 22 kms.

Number of Barangays 28

No. of Registered Voters 44,643 as of May 14, 2007

Total No. of Precincts 237 (as of May 14, 2007)

Ann. Income (as of Dec. 31, 2006) Php112,219,718.35 Agricultural, Industrial, Agro-Industrial, Mining Product

( visited September 19, 2008)

The enactment of the Cityhood Laws is an exercise by Congress of its legislative power. Legislative power is the authority, under the Constitution, to make laws, and to alter and repeal them.[10] The Constitution, as the expression of the will of the people in their original, sovereign, and unlimited capacity, has vested this power in the Congress of the Philippines. The grant of legislative power to Congress is broad, general, and comprehensive. The legislative body possesses plenary powers for all purposes of civil government. Any power, deemed to be legislative by usage and tradition, is necessarily possessed by Congress, unless the Constitution has lodged it elsewhere. In fine, except as limited by the Constitution, either expressly or impliedly, legislative power embraces all subjects, and extends to matters of general concern or common interest.[11]

Without doubt, the LGC is a creation of Congress through its law-making powers. Congress has the power to alter or modify it as it did when it enacted R.A. No. 9009. Such power of amendment of laws was again exercised when Congress enacted the Cityhood Laws. When Congress enacted the LGC in 1991, it provided for quantifiable indicators of economic viability for the creation of local government units—income, population, and land area. Congress deemed it fit to modify the income requirement with respect to the conversion of municipalities into component cities when

it enacted R.A. No. 9009, imposing an amount of P100 million, computed only from locally-generated sources. However, Congress deemed it wiser to exempt respondent municipalities from such a belatedly imposed modified income requirement in order to uphold its higher calling of putting flesh and blood to the very intent and thrust of the LGC, which is countryside development and autonomy, especially accounting for these municipalities as engines for economic growth in their respective provinces.

Undeniably, R.A. No. 9009 amended the LGC. But it is also true that, in effect, the Cityhood Laws amended R.A. No. 9009 through the exemption clauses found therein. Since the Cityhood Laws explicitly exempted the concerned municipalities from the amendatory R.A. No. 9009, such Cityhood Laws are, therefore, also amendments to the LGC itself. For this reason, we reverse the November 18, 2008 Decision and the August 24, 2010 Resolution on their strained and stringent view that the Cityhood Laws, particularly their exemption clauses, are not found in the LGC.

2.

The Cityhood Laws do not violate Section 6, Article X and the equal protection clause of the Constitution.

Both the November 18, 2008 Decision and the August 24, 2010 Resolution impress that the Cityhood Laws violate the equal protection clause enshrined in the Constitution. Further, it was also ruled that Section 6, Article X was violated because the Cityhood Laws infringed on the “just share” that petitioner and petitioners-in-intervention shall receive from the national taxes (IRA) to be automatically released to them.

Upon more profound reflection and deliberation, we declare that there was valid classification, and the Cityhood Laws do not violate the equal protection clause.

As this Court has ruled, the equal protection clause of the 1987 Constitution permits a valid classification, provided that it: (1) rests on substantial distinctions; (2) is germane to the purpose of the law; (3) is not limited to existing conditions only; and (4) applies equally to all members of the same class.[12]

The petitioners argue that there is no substantial distinction between municipalities with pending cityhood bills in the 11th Congress and municipalities that did not have pending bills, such that the mere pendency of a cityhood bill in the 11th Congress is not a material difference to distinguish one municipality from another for the purpose of the income requirement. This contention misses the point.

It should be recalled from the above quoted portions of the interpellation by Senate President Drilon of Senator Pimentel that the purpose of the enactment of R.A. No 9009 was merely to stop the “mad rush of municipalities wanting to be converted into cities” and the apprehension that before long the country will be a country of cities and without municipalities. It should be pointed out that the imposition of the P100 million average annual income requirement for the creation of component cities was arbitrarily made. To be sure, there was no evidence or empirical data, such as inflation rates, to support the choice of this amount. The imposition of a very high income requirement of P100 million, increased from P20 million, was simply to make it extremely difficult for municipalities to become component cities. And to highlight such arbitrariness and the absurdity of the situation created thereby, R.A. No. 9009 has, in effect, placed component cities at a higher standing than highly urbanized cities under Section 452 of the LGC, to wit—

Section 452. Highly Urbanized Cities. – (a) Cities with a minimum population of two hundred thousand (200,000) inhabitants, as certified by the National Statistics Office, and with the latest annual income of at least Fifty Million Pesos (P50,000,000.00) based on 1991 constant prices, as certified by the city treasurer, shall be classified as highly urbanized cities.

(b) Cities which do not meet above requirements shall be considered component cities of the province in which they are geographically located. (Emphasis supplied)

The P100 million income requirement imposed by R.A. No. 9009, being an arbitrary amount, 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,” per Section 7[13] of the LGC. It was imposed merely because it is difficult to comply with. While it could be argued that P100 million, being more than P20 million, 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. Consider the list[14] below—

CITY

AVERAGE ANNUAL INCOME

1. Marawi City

5,291,522.10

2. Palayan City

6,714,651.77

3. Sipalay City

9,713,120.00

4. Canlaon City

13,552,493.79

5. Himamaylan City

15,808,530.00

6. Isabela City

16,811,246.79

7. Munoz City

19,693,358.61

8. Dapitan City

20,529,181.08

9. Tangub City

20,943,810.04

10. Bayawan City

22,943,810.04

11. Island Garden City of Samal

23,034,731.83

12. Tanjay City

23,723,612.44

13. Tabaco City

24,152,853.71

14. Oroquieta City

24,279,966.51

15. Ligao City

28,326,745.86

16. Sorsogon City

30,403,324.59

17. Maasin City

30,572,113.65

18. Escalante City

32,113,970.00

19. Iriga City

32,757,871.44

20. Gapan City

34,254,986.47

21. Candon City

36,327,705.86

22. Gingoog City

37,327,705.86

23. Masbate City

39,454,508.28

24. Passi City

40,314,620.00

25. Calbayog City

40,943,128.73

26. Calapan City

41,870,239.21

27. Cadiz City

43,827,060.00

28. Alaminos City

44,352,501.00

29. Bais City

44, 646,826.48

30. San Carlos City

46,306,129.13

31. Silay City

47,351,730.00

32. Bislig City

47,360,716.24

33. Tacurong City

49,026,281.56

34. Talisay City (Negros Occidental)

52,609,790.00

35. Kabankalan City

53,560,580.00

36. Malaybalay City

54,423,408.55

37. La Carlota City

54,760,290.00

38. Vigan City

56,831,797.19

39. Balanga City

61,556,700.49

40. Sagay City

64,266,350.00

41. Cavite City

64,566,079.05

42. Koronadal City

66,231,717.19

43. Cotabato City

66,302,114.52

44. Toledo City

70,157,331.12

45. San Jose City

70,309,233.43

46. Danao City

72,621,955.30

47. Bago City

74,305,000.00

48. Valencia City

74,557,298.92

49. Victorias City

75,757,298.92

50. Cauayan City

82,949,135.46

51. Santiago City

83,816,025.89

52. Roxas City

85,397,830.00

53. Dipolog City

85,503,262.85

54. Trece Martires City

87,413,786.64

55. Talisay City (Cebu)

87,964,972.97

56. Ozamis city

89,054,056.12

57. Surigao City

89,960,971.33

58. Panabo City

91,425,301.39

59. Digos City

92,647,699.13

The undeniable fact that these cities remain viable as component cities of their respective provinces emphasizes the arbitrariness of the amount of P100 million as the new income requirement for the conversion of municipalities into component cities. This arbitrariness can also be clearly gleaned from the respective distinctive traits and level of economic development of the individual respondent municipalities as above submitted.

Verily, the determination of the existence of substantial distinction with respect to respondent municipalities does not simply lie on the mere pendency of their cityhood bills during the 11th Congress. This Court sees the bigger picture. The existence of substantial distinction with respect to respondent municipalities covered by the Cityhood Laws is measured by the purpose of the law, not by R.A. No. 9009, but by the very purpose of the LGC, as provided in its Section 2 (a), thus—

SECTION 2. Declaration of Policy.—(a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities and resources. The process of decentralization shall proceed from the National Government to the local government units.

Indeed, substantial distinction lies in the capacity and viability of respondent municipalities to become component cities of their respective provinces. Congress, by enacting the Cityhood Laws, recognized this capacity and viability of respondent municipalities to become the State’s partners in accelerating economic growth and development in the provincial regions, which is the very thrust of the LGC, manifested by the pendency of their cityhood bills during the 11th Congress and their relentless pursuit for cityhood up to the present. Truly, the urgent need to become a component city arose way back in the 11th Congress, and such condition continues to exist.

Petitioners in these cases complain about the purported reduction of their “just share” in the IRA. To be sure, petitioners are entitled to a “just share,” not a specific amount. But the feared reduction proved to be false when, after the implementation of the Cityhood Laws, their respective shares increased, not decreased. Consider the table[15] below—

CITY

CY 2006 IRA

(Before Implementation of Sixteen [16] Cityhood Laws)

CY 2008 IRA

(Actual Release After Implementation of Sixteen [16] Cityhood Laws)

Bais

219,338,056.00

242,193,156.00

Batangas

334,371,984.00

388,871,770.00

Bayawan

353,150,158.00

388,840,062.00

Cadiz

329,491,285.00

361,019,211.00

Calapan

227,772,199.00

252,587,779.00

Calbayog

438,603,378.00

485,653,769.00

Cauayan

250,477,157.00

277,120,828.00

Gen. Santos

518,388,557.00

631,864,977.00

Gingoog

314,425,637.00

347,207,725.00

Himamaylan

248,154,381.00

277,532,458.00

Iloilo

358,394,268.00

412,506,278.00

Iriga

183,132,036.00

203,072,932.00

Legaspi

235,314,016.00

266,537,785.00

Ligao

215,608,112.00

239,696,441.00

Oroquieta

191,803,213.00

211,449,720.00

Pagadian

292,788,255.00

327,401,672.00

San Carlos

239,524,249.00

260,515,711.00

San Fernando

182,320,356.00

204,140,940.00

Santiago

508,326,072.00

563,679,572.00

Silay

216,372,314.00

241,363,845.00

Surigao

233,968,119.00

260,708,071.00

Tacurong

179,795,271.00

197,880,665.00

Tagaytay

130,159,136.00

152,445,295.00

Tarlac

348,186,756.00

405,611,581.00

Tangub

162,248,610.00

180,640,621.00

Urdaneta

187,721,031.00

207,129,386.00

Victorias

176,367,959.00

194,162,687.00

Zamboanga

918,013,016.00

1,009,972,704.00

What these petitioner cities were stating as a reduction of their respective IRA shares was based on a computation of what they would receive if respondent municipalities were not to become component cities at all. Of course, that would mean a bigger amount to which they have staked their claim. After considering these, it all boils down to money and how much more they would receive if respondent municipalities remain as municipalities and not share in the 23% fixed IRA from the national government for cities.

Moreover, the debates in the Senate on R.A. No. 9009, should prove enlightening:

SENATOR SOTTO. Mr. President, we just want to be enlightened again on the previous qualification and the present one being proposed. Before there were three…

SENATOR PIMENTEL. There are three requisites for a municipality to become a city. Let us start with the finance.

SENATOR SOTTO. Will the distinguished sponsor please refresh us? I used to be the chairman of the Committee on Local Government, but the new job that was given to me by the Senate has erased completely my memory as far as the Local Government Code is concerned.

SENATOR PIMENTEL. Yes, Mr. President, with pleasure. There are three requirements. One is financial.

SENATOR SOTTO. All right. It used to be P20 million.

SENATOR PIMENTEL. It is P20 million. Now we are raising it to P100 million of locally generated funds.

SENATOR SOTTO. In other words, the P20 million before includes the IRA.

SENATOR PIMENTEL. No, Mr. President.

SENATOR SOTTO. It should not have been included?

SENATOR PIMENTEL. The internal revenue share should never have been included. That was not the intention when we first crafted the Local Government Code. The financial capacity was supposed to be demonstrated by the municipality wishing to become a city by its own effort, meaning to say, it should not rely on the internal revenue share that comes from the government. Unfortunately, I think what happened in past conversions of municipalities into cities was, the Department of Budget and Management, along with the Department of Finance, had included the internal revenue share as a part of the municipality, demonstration that they are now financially capable and can measure up to the requirement of the Local Government Code of having a revenue of at least P20 million.

SENATOR SOTTO. I am glad that the sponsor, Mr. President, has spread that into the Record because otherwise, if he did not mention the Department of Finance and the Department of Budget and Management, then I would have been blamed for the misinterpretation. But anyway, the gentleman is correct. That was the interpretation given to us during the hearings.

So now, from P20 million, we make it P100 million from locally generated income as far as population is concerned.

SENATOR PIMENTEL. As far as population is concerned, there will be no change, Mr. President. Still 150,000.

SENATOR SOTTO. Still 150,000?

SENATOR PIMENTEL. Yes.

SENATOR SOTTO. And then the land area?

SENATOR PIMENTEL. As to the land area, there is no change; it is still 100 square kilometers.

SENATOR SOTTO. But before it was “either/or”?

SENATOR PIMENTEL. That is correct. As long as it has one of the three requirements, basically, as long as it meets the financial requirement, then it may meet the territorial requirement or the population requirement.

SENATOR SOTTO. So, it remains “or”?

SENATOR PIMENTEL. We are now changing it into AND.

SENATOR SOTTO. AND?

SENATOR PIMENTEL. Yes.

SENATOR SOTTO. I see.

SENATOR PIMENTEL. That is the proposal, Mr. President. In other words…

SENATOR SOTTO. Does the gentleman not think there will no longer be any municipality that will qualify, Mr. President?

SENATOR PIMENTEL. There may still be municipalities which can qualify, but it will take a little time. They will have to produce more babies. I do not know—expand their territories, whatever, by reclamation or otherwise. But the whole proposal is geared towards making it difficult for municipalities to convert into cities.

On the other hand, I would like to advert to the fact that in the amendments that we are proposing for the entire Local Government Code, we are also raising the internal revenue share of the municipalities.

SENATOR SOTTO. I see.

SENATOR PIMENTEL. So that, more or less, hindi naman sila dehado in this particular instance.

SENATOR SOTTO. Well, then, because of that information, Mr. President, I throw my full support behind the measure.

Thank you, Mr. President.

SENATOR PIMENTEL. Thank you very much, Mr. President. (Emphasis supplied)[16]

From the foregoing, the justness in the act of Congress in enacting the Cityhood Laws becomes obvious, especially considering that 33 municipalities were converted into component cities almost immediately prior to the enactment of R.A. No. 9009. In the enactment of the Cityhood Laws, Congress merely took the 16 municipalities covered thereby from the disadvantaged position brought about by the abrupt increase in the income requirement of R.A. No. 9009, acknowledging the “privilege” that they have already given to those newly-converted component cities, which prior to the enactment of R.A. No. 9009, were undeniably in the same footing or “class” as the respondent municipalities. Congress merely recognized the capacity and readiness of respondent municipalities to become component cities of their respective provinces.

Petitioners complain of the projects that they would not be able to pursue and the expenditures that they would not be able to meet, but totally ignored the respondent municipalities’ obligations arising from the contracts they have already entered into, the employees that they have already hired, and the projects that they have already initiated and completed as component cities. Petitioners have completely overlooked the need of respondent municipalities to become effective vehicles intending to accelerate economic growth in the countryside. It is like the elder siblings wanting to kill the newly-borns so that their inheritance would not be diminished.

Apropos is the following parable:

There was a landowner who went out at dawn to hire workmen for his vineyard. After reaching an agreement with them for the usual daily wage, he sent them out to his vineyard. He came out about midmorning and saw other men standing around the marketplace without work, so he said to them, “You too go along to my vineyard and I will pay you whatever is fair.” They went. He came out again around noon and mid-afternoon and did the same. Finally, going out in late afternoon he found still others standing around. To these he said, “Why have you been standing here idle all day?” “No one has hired us,” they told him. He said, “You go to the vineyard too.” When evening came, the owner of the vineyard said to his foreman, “Call the workmen and give them their pay, but begin with the last group and end with the first.” When those hired late in the afternoon came up they received a full day’s pay, and when the first group appeared they thought they would get more, yet they received the same daily wage. Thereupon they complained to the owner, “This last group did only an hour’s work, but you have paid them on the same basis as us who have worked a full day in the scorching heat.” “My friend,” he said to one in reply, “I do you no injustice. You agreed on the usual wage, did you not? Take your pay and go home. I intend to give this man who was hired last the same pay as you. I am free to do as I please with my money, am I not? Or are you envious because I am generous?”[17]

Congress, who holds the power of the purse, in enacting the Cityhood Laws, only sought the well-being of respondent municipalities, having seen their respective capacities to become component cities of their provinces, temporarily stunted by the enactment of R.A. No. 9009. By allowing respondent municipalities to convert into component cities, Congress desired only to uphold the very purpose of the LGC, i.e., to make the local government units “enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals,” which is the very mandate of the Constitution.

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, as the following pronouncement of this Court instructs:

The right and power of judicial tribunals to declare whether enactments of the legislature exceed the constitutional limitations and are invalid has always been considered a grave responsibility, as well as a solemn duty. The courts invariably give the most careful consideration to questions involving the interpretation and application of the Constitution, and approach constitutional questions with great deliberation, exercising their power in this respect with the greatest possible caution and even reluctance; and they should never declare a statute void, unless its invalidity is, in their judgment, beyond reasonable doubt. To justify a court in pronouncing a legislative act unconstitutional, or a provision of a state constitution to be in contravention of the Constitution x x x, the case must be so clear to be free from doubt, and the conflict of the statute with the constitution must be irreconcilable, because it is but a decent respect to the wisdom, the integrity, and the patriotism of the legislative body by which any law is passed to presume in favor of its validity until the contrary is shown beyond reasonable doubt. Therefore, in no doubtful case will the judiciary pronounce a legislative act to be contrary to the constitution. To doubt the constitutionality of a law is to resolve the doubt in favor of its validity.[18]

WHEREFORE, the Motion for Reconsideration of the “Resolution” dated August 24, 2010, dated and filed on September 14, 2010 by respondents Municipality of Baybay, et al. is GRANTED. The Resolution dated August 24, 2010 is REVERSED and SET ASIDE. The Cityhood Laws—Republic Acts Nos. 9389, 9390, 9391, 9392, 9393, 9394, 9398, 9404, 9405, 9407, 9408, 9409, 9434, 9435, 9436, and 9491—are declared CONSTITUTIONAL.

SO ORDERED.

LUCAS P. BERSAMIN

Associate Justice

WE CONCUR:

RENATO C. CORONA

Chief Justice

ANTONIO T. CARPIO

Associate Justice

CONCHITA CARPIO MORALES

Associate Justice

PRESBITERO J. VELASCO, JR.

Associate Justice

ANTONIO EDUARDO B. NACHURA

Associate Justice

TERESITA J. LEONARDO-DE CASTRO

Associate Justice

ARTURO D. BRION

Associate Justice

DIOSDADO M. PERALTA

Associate Justice

MARIANO C. DEL CASTILLO

Associate Justice

ROBERTO A. ABAD

Associate Justice

MARTIN S. VILLARAMA, JR.

Associate Justice

JOSE PORTUGAL PEREZ

Associate Justice

JOSE CATRAL MENDOZA

Associate Justice

MARIA LOURDES P. A. SERENO

Associate Justice

C E R T I F I C A T I O N

Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Court.

RENATO C. CORONA

Chief Justice



[1] Republic Acts 9389 [Baybay City, Leyte], 9390 [Bogo City, Cebu], 9391 [Catbalogan City, Samar], 9392 [Tandag City, Surigao del Sur], 9393 [Lamitan City, Basilan], 9394 [Borongan City, Samar], 9398 [Tayabas City, Quezon], 9404 [Tabuk City, Kalinga], 9405 [Bayugan City, Agusan del Sur], 9407 [Batac City, Ilocos Norte], 9408 [Mati City, Davao Oriental], 9409 [Guihulngan City, Negros Oriental], 9434 [Cabadbaran City, Agusan del Norte], 9435 [El Salvador City, Misamis Oriental], 9436 [Carcar City, Cebu], and 9491 [Naga City, Cebu].

[2] Penned by J. Carpio, with JJ. Quisumbing, Austria-Martinez, Carpio-Morales, Velasco, Jr., and Brion, concurring; dissenting, J. Reyes, joined by JJ. Corona, Azcuna, Chico-Nazario, and Leonardo-De Castro; C.J. Puno, and JJ. Nachura and Tinga took no part; J. Ynares-Santiago was on leave.

[3] Justice Velasco, Jr. wrote a Dissenting Opinion, joined by Justices Ynares-Santiago, Corona, Chico-Nazario, and Leonardo-De Castro. Chief Justice Puno and Justice Nachura took no part.

[4] Justice Velasco, Jr. wrote a Dissenting Opinion, joined by Justices Ynares-Santiago, Corona, Chico-Nazario, Leonardo-De Castro, and Bersamin. Chief Justice Puno and Justice Nachura took no part. Justice Quisumbing was on leave.

[5] Citations omitted.

[6] Penned by J. Velasco, Jr., with JJ. Corona, Leonardo-De Castro, Bersamin, Abad, and Villarama concurring; dissenting, J. Carpio, joined by JJ. Carpio-Morales, Brion, and Peralta; C.J. Puno and JJ. Nachura and Del Castillo took no part.

[7] Penned by J. Carpio, with JJ. Carpio-Morales, Brion, Peralta, Villarama, Mendoza, and Sereno, concurring; dissenting,, J. Velasco, Jr., joined by C.J. Corona, and JJ. Leonardo-De Castro, Bersamin, Abad, and Perez; JJ. Nachura and Del Castillo took no part.

[8] II Record, Senate, 13th Congress, p. 164 (October 5, 2000); rollo (G.R. No. 176951), Vol. 5, p. 3765.

[9] Id. at 167-168; id. at 3768-3769.

[10] Review Center Association of the Philippines v. Ermita, G.R. No. 180046, April 2, 2009, 583 SCRA 428, 450, citing Kilusang Mayo Uno v. Director-General, National Economic Development Authority, G.R. No. 167798, April 19, 2006, 487 SCRA 623.

[11] Id., citing Ople v. Torres, 354 Phil. 948 (1998).

[12] De Guzman, Jr. v. Commission on Elections, 391 Phil. 70, 79 (2000); Tiu v. Court of Tax Appeals, 361 Phil. 229, 242 (1999).

[13] SECTION 7. Creation and Conversion. As a general rule, the creation of a local government unit or its conversion from one level to another level shall be based on verifiable indicators of viability and projected capacity to provide services, to wit:

(a) Income. — It must be sufficient, based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the size of its population, as expected of the local government unit concerned;

(b) Population .— It shall be determined as the total number of inhabitants within the territorial jurisdiction of the local government unit concerned; and

(c) Land Area .— It must be contiguous, unless it comprises two (2) or more islands or is separated by a local government unit independent of the others; properly identified by metes and bound with technical descriptions; and sufficient to provide for such basic services and facilities to meet the requirements of its populace.

Compliance with the foregoing indicators shall be attested to by the Department of Finance (DOF), the National Statistics Office (NSO), and the Lands Management Bureau (LMB) of the Department of Environment and Natural Resources (DENR). (Emphasis supplied.)

[14] The figures reflect the actual income of the cities for 2006. If R.A. No. 9009 is to be applied such that the figures are expressed in 2000 constant prices, the income of the cities will even be lower. (Certification from the Bureau of Local Government Finance dated December 5, 2008; rollo [G.R. No. 176951], Vol. 5, pp. 3731-3734.)

[15] Based on the letter dated December 9, 2008 of the Department of Budget and Management; rollo (G.R. No. 176951), Vol. 5, pp. 3978-3986.

[16] Committee Amendments re S. No. 2157, Records of the Senate, Vol. II, No. 24, October 5, 2000, pp. 165-166; id. at 3766-3767.

[17] Mat. 20: 1-15.

[18] Churchill v. Rafferty, 32 Phil. 580, 584 (1915).