Saturday, January 23, 2016

League of Cities of the Philippines (LCP) vs. Commission on Elections (COMELEC) [GR No. 176951/ GR No. 177499/ GR No. 178056, April 12, 2011]

FACTS: On 18 November 2008, the SC, by a majority vote, declared the subject 16 Cityhood Laws converting 16 municipalities into cities as unconstitutional for violating the Constitution and the equal protection clause. On 31 March 2009, the SC, by a majority vote, denied the LCP's first motion for reconsideration. On 28 April 2009, the SC has a 6-6 tie or split vote on LCP's second motion for reconsideration.

ISSUE: When the voting of the members of the Court results in a tie, is the motion for reconsideration deemed denied?

RULING: Yes. When the voting of the Court en ban results in a tie, the motion for reconsideration is deemed denied. The Court's prior majority action on the main decision stands affirmed. Since the Court was evenly divided, there should be no reversal of the 18 November 2008 Decision as well as the 31 March 2009 denial of the first motion for reconsideration, for a tie-vote cannot result in any court order or directive. Here, the tie-vote plainly signifies that there is no majority to overturn the prior 18 November 2008 Decision and the 31 March 2009 Resolution, and thus the second motion for reconsideration must be denied.

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