In the case of Sultan Osop B. Camid v. The Office of the President, the Supreme Court firmly ruled that a municipality, once declared void ab initio (from the beginning), cannot be revived or recognized without explicit legislative action. The decision underscores the principle that defiance of a court order cannot legitimize a previously invalidated entity. This means that if a municipality’s creation is deemed unconstitutional and is judicially nullified, it ceases to exist legally and cannot simply persist based on continued claims of existence or operation. The only way to reinstate such a municipality is through a law passed by the legislature.

Andong’s Ghost: Can a Dead Municipality Haunt the Legal System Back to Life?

This case revolves around the purported existence of Andong, a municipality in Lanao del Sur, which was declared void ab initio by the Supreme Court in 1965 in Pelaez v. Auditor General. Petitioner Sultan Osop B. Camid, claiming to be a resident, sought judicial affirmation of Andong’s legal personality, arguing that it had continued to function despite the court’s ruling. Camid pointed to the presence of schools, postal services, and local officials as evidence of Andong’s ongoing existence. He further contended that the Department of Interior and Local Government (DILG) acted with grave abuse of discretion by not classifying Andong as a regular, existing municipality. The heart of the legal question lies in whether a municipality, whose creation was deemed unconstitutional and voided by the Court, can somehow attain legal recognition in the absence of a curative or reimplementing statute. Can a judicial decree of nullity simply be ignored through continued operation?

The Supreme Court was not persuaded by Camid’s arguments. The Court emphasized that the 1965 decision in Pelaez declared Executive Order No. 107, which created Andong, as null and void from the very beginning. This meant that Andong never legally existed as a municipality. The Court underscored the principle that a judgment of nullity cannot be rendered ineffective merely by ignoring it. The legal consequence of nullifying Andong was to revert its constituent areas to their original municipalities: Lumbatan, Butig, and Tubaran, reinforcing the need for legal channels.

Building on this principle, the Court distinguished Andong’s situation from cases like Municipality of San Narciso v. Hon. Mendez, where municipalities created through executive orders were later recognized as de facto corporations. The key difference lies in the fact that San Narciso, and similar municipalities, had never been judicially annulled, making the argument for de facto status more plausible. The Court clarified that Section 442(d) of the Local Government Code of 1991, which states that municipalities existing at the time of its effectivity should continue to exist, does not apply to municipalities like Andong, which were expressly voided by court order.

Furthermore, Andong failed to meet the requisites of Section 442(d), as it had not had a set of elected municipal officials holding office at the time the Local Government Code came into effect. This was a direct consequence of the Pelaez decision, which led to the national government ceasing to recognize Andong, withhold public funds, and prevent elections from being held. Moreover, the certifications presented by Camid from the DENR-CENRO and the National Statistics Office were deemed insufficient to attest to Andong’s legal efficacy. These certifications, issued at Camid’s request, acknowledged that their purpose was to support the restoration or re-operation of the municipality, tacitly conceding that it was currently inoperative.

This approach contrasts sharply with the eighteen other municipalities similarly voided in Pelaez but certified as existing by the DILG. The crucial difference here is that each of those eighteen municipalities had been re-established through subsequent legislation, solidifying their legal existence independent of the original, flawed executive orders. Andong lacked such a statutory basis for its alleged revival.

Consequently, the Court concluded that Section 442(d) of the Local Government Code does not serve to revive judicially dissolved municipalities. This provision is for municipalities created by presidential issuances or executive orders that have not been challenged and dissolved by courts. Municipalities which have been judicially dissolved require specific legislative enactments for resurrection.

FAQs

What was the key issue in this case?	The primary issue was whether a municipality, declared void by the Supreme Court, could be legally recognized without any new legislation to re-establish it.
What was the Supreme Court’s ruling?	The Supreme Court ruled that a municipality voided ab initio cannot be revived or recognized without explicit legislative action. Defiance of a court order cannot legitimize a previously invalidated entity.
What was the basis for the municipality’s original creation?	The municipality of Andong was originally created by Executive Order No. 107, issued by then President Diosdado Macapagal.
Why was the municipality declared void in the first place?	The Supreme Court declared the executive order void in the 1965 case of Pelaez v. Auditor General, holding that the President lacked the power to create municipalities via executive orders.
What is the significance of the term “void ab initio”?	“Void ab initio” means that the municipality was considered invalid from its very inception, as if it had never legally existed.
How did the Court distinguish this case from the San Narciso ruling?	The Court differentiated this case from San Narciso because, unlike Andong, San Narciso had never been judicially annulled and had been operating for many years.
Does Section 442(d) of the Local Government Code apply in this case?	No, Section 442(d) does not apply because Andong was not an existing municipality at the time the Code took effect, having been previously voided by the Supreme Court.
What options do residents of Andong have now?	If the residents desire to reconstitute Andong, the only solution is to pursue legislative action to pass a law formally re-establishing the municipality.

In summary, the Supreme Court’s decision in Camid v. The Office of the President reiterates that judicial pronouncements have binding force and cannot be circumvented by mere continued operation. The case reinforces the fundamental principle that the creation and revival of local government units are legislative prerogatives, not matters of continuous de facto existence after a judicial pronouncement of illegality.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: SULTAN OSOP B. CAMID VS. THE OFFICE OF THE PRESIDENT, G.R. NO. 161414, January 17, 2005