1973 Constitution's plebiscite requirement in creation of new towns, no retroactivity

Jimenez claims, however, that R.A. No. 7160, 442(d) is invalid, since it does not conform to the constitutional and statutory requirements for the holding of plebiscites in the creation of new municipalities. This contention will not bear analysis. Since, as previously explained, Sinacaban had attained de facto status at the time the 1987 Constitution took effect on January 17, 1973. It cannot, therefore, be applied to municipal corperations created before, such as the Municipality of Sinacaban in the case at bar. [G.R. No. 105746. December 2, 1996]

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