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EN BANC

G.R. No. L-19870 March 18, 1967

MUNICIPALITY OF SAN JOAQUIN, Petitioner-Appellant, vs. NICANOR SIVA, BASILIO SAPITANAN, ET AL., respondents-appellees.

Ramon A. Gonzales for petitioner-appellant.
Office of the Solicitor General for respondent-appellee.
N. G. Rico and B. Ti�a for respondents-appellees.

CONCEPCION, C.J.:chanrobles virtual law library

Petitioner, Municipality of San Joaquin, seeks the reversal of a decision of the Court of First Instance of Iloilo dismissing the former's petition for prohibition, contesting the legality of Executive Order No. 436 of the President of the Philippines, dated July 10, 1961, creating the municipality of Lawigan out of twenty-one (21) barrios theretofore forming part of said municipality of San Joaquin. Respondents-appellees are the persons appointed by the President as mayor, vice-mayor and councilors of Lawigan, who are sought to be restrained from performing their functions as such, upon the ground that Section 68 of the Revised Administrative Code, on which said Executive Order is based, constitutes an undue delegation of legislative powers, and, hence, unconstitutional. The lower court, however, held otherwise. Hence, this appeal.chanroblesvirtualawlibrarychanrobles virtual law library

The issue herein has been squarely taken up and settled in Pelaez vs. Auditor General, G.R. No. L-23825, promulgated on December 24, 1965, which upheld the theory of appellant herein, and rejected the view taken in the appealed decision.chanroblesvirtualawlibrarychanrobles virtual law library

Wherefore, said decision is hereby reversed, and another one shall be entered declaring the aforementioned Executive Order No. 436 null and void ab initio, and directing herein respondents-appellees to refrain from acting as officers of the municipality of Lawigan, with costs against them. It is so ordered.

Reyes, J.B.L., Dizon, Regala, Makalintal, Bengzon, J.P., Zaldivar, Sanchez and Castro, JJ., concur.