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Tobias v Abalos 239 SCRA 106 G.R. No. L-114783 December 8, 1994 Posted by Evelyn

Facts:

Petitioners assail the constitutionality of the Republic Act No. 7675, otherwise known as "An Act Converting the Municipality of Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong. Prior to the enactment of the assailed statute, the municipalities of Mandaluyong and San Juan belonged to only one legislative district. The petitioners contend on the following:

(1) Article VIII, Section 49 of R.A. No. 7675 contravenes from the "one subject-one bill" rule provided in the Constitution by involving 2 subjects in the bill namely (1) the conversion of Mandaluyong into a highly urbanized city; and (2) the division of the congressional district of San Juan/Mandaluyong into two separate districts.

(2) The division of San Juan and Mandaluyong into separate congressional districts under Section 49 of the assailed law has resulted in an increase in the composition of the House of Representatives beyond that provided in Article VI, Sec. 5(1) of the Constitution.

(3) The said division was not made pursuant to any census showing that the subject municipalities have attained the minimum population requirements.

(4) That Section 49 has the effect of preempting the right of Congress to reapportion legislative districts pursuant to Sec. 5(4) of the Constitution stating that within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standard provided in this section

Issue:

WON the RA No. 7675 is unconstitutional.

Ruling:

The court ruled that RA No. 7675 followed the mandate of the "one city-one representative" proviso in the Constitution stating that each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative" (Article VI, Section 5(3), Constitution). Contrary to petitioners' assertion, the creation of a separate congressional district for Mandaluyong is not a subject separate and distinct from the subject of its conversion into a highly urbanized city but is a natural and logical consequence of its conversion into a highly urbanized city.

As to the contention that the assailed law violates the present limit on the number of representatives as set forth in the Constitution, a reading of the applicable provision, Article VI, Section 5(1), as aforequoted, shows that the present limit of 250 members is not absolute with the phrase "unless otherwise provided by law."

As to the contention that Section 49 of R.A. No. 7675 in effect preempts the right of Congress to reapportion legislative districts, it was the Congress itself which drafted, deliberated upon and enacted the assailed law, including Section 49 thereof. Congress cannot possibly preempt itself on a right which pertains to itself.

Hence, the court dismissed the petition due to lack of merit.