EMMANUEL PELAEZ, vs. THE AUDITOR GENERAL. ADMINISTRATIVE CASE. BY C Y.

EMMANUEL PELAEZ, vs. THE AUDITOR GENERAL

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-23825 December 24, 1965

EMMANUEL PELAEZ, petitioner,
vs.
THE AUDITOR GENERAL, respondent.

Zulueta, Gonzales, Paculdo and Associates for petitioner.
Office of the Solicitor General for respondent.

CONCEPCION, J.:
FACTS.
1. In 1964, the president issue an executive order Nos. 93 to 121,124 and 126 to 129 for the creation of 33 municipalities.
2. Vice president Pelaez instituted a special civil action for a writ of prohibition with preliminary injunction to restraint the auditor general as well as his representatives and agents from passing in audit any expenditure of public funds in implementation of the executive order and or any disbursement by said municipality by alleging that the executive order is null and void for it was impliedly repealed by RA 2370 and constitute undue delegation of power.
3. The petitioner argue that if the president cannot create a barrio, how can he create a municipality which is composed of several barrios since barrios are units of municipality.
4. Respondent on the otherhands argue that a municipality can be created without creating a new barrios by placing old barrios under the jurisdiction of municipality.

Issue.
Whether or not, the executive orders are valid.
According to the supreme court,under RA 2370, barrios may not be created or there boundaries altered nor there names be changed except by act of congress or of the corresponding provincial board upon petition of a majority of the voters in the areas affected and the recommendation of the council of the municipality or municipalities in which the proposed barrio is situated.
The supreme court further said that the authority to create municipal corporation is legislative in nature.
WHEREFORE, the Executive Orders in question are declared null and void ab initio and the respondent permanently restrained from passing in audit
any expenditure of public funds in implementation of said Executive Orders or any disbursement by the municipalities above referred to. It is so ordered.