The Supreme Court, by a vote of 7-6 denied for lack of merit and with finality the Motion for Reconsideration of its February 15, 2011 ruling that declared constitutional several Republic Acts that converted some municipalities into cities. The Court said "we should not lose sight of the fact that the 16 cities covered by the cityhood laws not only had conversion bills pending during the 11th Congress, but have also complied with the requirements of the Local Government Code. The SC stressed that congress clearly intended that the local government units covered by the cityhood laws be exempt from the coverage of RA9009, which imposes a higher income requirement of PhP100 million for the creation of cities.
This issue has put the Court in the limelight with its repeated flip-flopping in this case. But, Justice Abad opined that such charge was unfair. He stressed that the Justices did not decide to change their minds on a mere whim. The two contending parties filed motions for reconsideration and the Justices had no options but perform their duties and vote on the same.
No one can dispute the right of a judge, acting on a motion for reconsideration, to change his mind regarding the case. The rules are cognizant of the fact that human judges could err and that it would merely be fair and right for them to correct their perceived errors upon a motion for reconsideration.
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