CONSTITUTIONAL LAW 1 1

Tests and Curative Time

Municipality of San Narciso, Quezon v. Mendez, Sr.

December 6, 1994 | J. Vitug

Petitioner: Municipality of San Narciso, Quezon, et. al.

Respondent: Hon. Antonio V. Mendez, Sr., et. al.

Doctrine: Curative laws are in essence retrospective and aimed at giving “validity to acts done that would
have been invalid under existing laws, as if existing laws have been complied with.”

FACTS
 August 20, 1959: President Carlos P. Garcia issued Executive Order No. 353 which created the
municipal district of San Andres, Quezon.
 Years later, by virtue of Executive Order No. 174 that was issued by President Diosdado
Macapagal dated October 5, 1965, San Andres was recognized as a fifth-class municipality. This
conversion from municipal district to municipality was approved by the House of Representatives.
 June 5, 1989: Municipality of San Narciso filed a petition of quo warranto with Regional Trial
Court, Branch No. 62 against the Municipality of San Andres. Said petition was for the declaration
of nullity of Executive Order No. 353 and for the latter to be permanently ordered to refrain from
performing the duties and responsibilities of their respective offices.
 July 18, 1991: The trial court resolved to defer the action on the motion to dismiss and to deny a
judgment on the pleadings
 November 27, 1991: Municipality of San Andres filed a motion to dismiss the case for it had
become moot and academic with the enactment of Republic Act No. 7160 (Local Government
Code of 1991), which took effect on January 1, 1991. The provision in particular is of Section
442(d) which states that:

(d) Municipalities existing as of the date of the effectivity of this Code shall continue to
exist and operate as such. Existing municipal districts organized pursuant to presidential
issuances or executive orders and which have their respective set of elective municipal
officials holding office at the time of the effectivity of this Code shall henceforth be
considered as regular municipalities.

Said motion was opposed by the petitioner on the grounds that said law referred to legally
existing municipalities, not those who were void from the beginning.
 December 2, 1991: Lower court dismissed the petition on the basis that there was a lack of cause
of action. However, petitioners argue that this court acted with grave abuse of discretion
amounting to lack or in excess of jurisdiction. Thus, the petitioners filed quo warranto proceedings
to reconcile the validity of San Andres as a fifth-class municipality of Quezon province.

ISSUES + HELD
ISSUE: WON the Municipality of San Andres is a de facto municipality.

NO. The Municipality of San Andres is not a de facto municipality, rather it is a de jure municipality.
Petitioners argued that they had acquired the vested right to seek the nullification of Executive Order No.
353 since the petition for quo warranto had been filed prior to the enactment of Republic Act No. 7160.
However, such argument does not hold because the Municipality of San Narciso filed said petition to
challenge the legality of the Municipality of San Andres only after almost thirty (30) years of the existence
of Executive Order No. 353.

In those thirty (30) years, the Municipality of San Andres had already begun, and continued to exercise
the powers and authority of a duly created local government unit. With that, and by virtue of the
aforementioned law, the State recognizes the existence of the Municipality of San Andres.

RULING: The petition for certiorari was dismissed with the costs against the petitioners.

Dee Santos | A2023

August 12, 2019
CONSTITUTIONAL LAW 1 2
Tests and Curative Time

DISSENTING / CONCURRING / SEPARATE OPINION

None

Dee Santos | A2023

August 12, 2019