39 - Bai Sandra S. A. Sema v. Commission on Elections and Didagen P.

Dilangalen
G.R. No. 177597, July 16, 2008
Carpio, J.
Summary:
Upon the creation by the ARMM Regional Assembly of the new province of Shariff
Kabunsuan via local law (Act 201), Cotabato City, as one of the local units transferred
to the new province from its former province of Maguindanao, asked COMELEC to
clarify its legislative district status in light of the upcoming May 2007 elections.
COMELEC issued Resolution 7902, which stated that Cotabato City, while belonging to
the new province of SK, would retain its status as part of the first legislative district of
Maguindanao, absent any national law proclaiming otherwise.
Petitioner Sema, a candidate for representative of SK, assailed this Resolution arguing
that the Province of SK should have its own legislative district, and that the votes cast
in Cotabato City, as belonging to the first legislative district of Maguindanao, should
be excluded from elections for an SK representative to Congress.
The Court ruled that Sec. 19, Art. VI of RA 9054 is unconstitutional insofar as it grants
ARMM Regional Assembly the power to create provinces and cities. Act 201 creating
the province of Shariff Kabunsuan is void. COMELEC Resolution 7902 is valid.
Facts:
In the Ordinance appended to the 1987 Constitution, 2 legislative districts were
apportioned for the Province of Maguindanao. Cotabato City and 8 other
municipalities formed the first legislative district of Maguindanao which, in turn,
formed part of the Autonomous Region in Muslim Mindanao (ARMM) as created by
Organic Act RA 6734, amended by RA 9054. Cotabato City, however, is part of Region
XII and not ARMM because constituents voted against its inclusion in ARMM in the
Nov 1989 plebiscite.
Aug 28, 2006, ARMMs Legislature (ARMM Regional Assembly/ARMM Assembly)
exercised its power to create provinces (granted by Sec 19, Art. VI of RA 9054) by
enacting the Muslim Mindanao Autonomy Act 201 (Act 201)1 which created the
Province of Shariff Kabunsuan (SK); 8 municipalities from the first district of
Maguindanao were separated from the latter to make up the province of Shariff
Kabunsuan.

1Section1.TheMunicipalitiesofBarira,Buldon,DatuOdinSinsuat,Kabuntalan,Matanog,Parang,SultanKudarat,SultanMastura,
andUpiareherebyseparatedfromtheProvinceofMaguindanaoandconstitutedintoadistinctandindependentprovince,whichis
herebycreated,tobeknownastheProvinceofShariffKabunsuan.
Sec.5.ThecorporateexistenceofthisprovinceshallcommenceupontheappointmentbytheRegionalGovernororelectionofthe
governorandmajorityoftheregularmembersoftheSangguniangPanlalawigan.
TheincumbentelectiveprovincialofficialsoftheProvinceofMaguindanaoshallcontinuetoservetheirunexpiredtermsinthe
provincethattheywillchooseorwheretheyareresidents:Provided,thatwhereanelectivepositioninbothprovincesbecomesvacant
asaconsequenceofthecreationoftheProvinceofShariffKabunsuan,allincumbentelectiveprovincialofficialsshallhave
preferenceforappointmenttoahigherelectivevacantpositionandforthetimebeingbeappointedbytheRegionalGovernor,and
shallholdofficeuntiltheirsuccessorsshallhavebeenelectedandqualifiedinthenextlocalelections;Provided,further,thatthey
shallcontinuetoreceivethesalariestheyarereceivingatthetimeoftheapprovalofthisActuntilthenewreadjustmentofsalariesin
accordancewithlaw.Provided,furthermore,thatthereshallbenodiminutioninthenumberofthemembersoftheSangguniang
Panlalawiganofthemotherprovince.
Exceptasmaybeprovidedbynationallaw,theexistinglegislativedistrict,whichincludesCotabatoasapartthereof,shallremain.

As a result of SKs creation, all that was left of Maguindanao were the municipalities
constituting its second legislative district. Cotabato City, while part of Maguindanaos
first legislative district, now belonged to SK.
In anticipation of the May 2007 elections, Sangguniang Panglungsod of Cotabato City
requested COMELEC via resolution to clarify the status of Cotabato City in view of the
enactment of Act 201. COMELEC issued several resolutions in response:
1. Resolution 07-407: maintained status quo with Cotabato City as part of SK in the
first legislative district of Maguindanao, pursuant to the COMELECs Law
Departments memo recommending that Cotabato Citys status quo be
maintained pending enactment by appropriate law by Congress. (in other words
without law by Congress, Cotabato City was to remain part of Maguindanaos
first legislative district, despite belonging to the province of SK).
2. Resolution 7845 (subsequently issued): Maguindanaos first legislative district is
composed only of Cotabato City, because of the enactment of Act 201.
3. [Contested] Resolution 7902, amending 07-0407: renaming the
legislative district as SK Province with Cotabato City (formerly First
District of Maguindanao with Cotabato City)
Arguments of the Parties:
a. On the reapportionment of Maguindanao
Petitioner SEMA (a candidate in the May 2007 elections for Representative of Shariff
Kabunsuan w/ Cotabato City) prayed for the nullification of COMELECs Resolution
7902 and the exclusion of the votes cast in Cotabato City as far as the province of SK
is concerned, arguing that:
1. SK, as a province, is entitled to one representative in Congress under Sec 5(3) Art.
VI of the Constitution and Sec. 3 of the Ordinance appended to the Constitution.
2. [ main ] COMELEC acted in excess of jurisdiction in issuing said Resolution
maintaining the status quo of Maguindanaos first legislative district when its
earlier resolution had already designated Cotabato City as the lone component of
Maguindanaos reapportioned first legislative district
3. COMELEC had usurped Congress power to create or reapportion legislative
districts
Respondent COMELEC:
1. SEMA wrongly availed of the writ of certiorari to nullify the COMELEC resolution
because COMELEC issued such resolution pursuant to the exercise of its
administrative, and not-quasi-judicial, power
2. SEMAs prayer became moot when Respondent Didagen Dilangalen was
proclaimed representative of the legislative district of SK Province with Cotabato
City.
Respondent DILANGALEN:
1. SEMA is estopped from questioning COMELECs resolution because the certificate
of candidacy indicated she was seeking election as a representative of the
Province of SK including Cotabato City.
2. COMELEC Resolution is constitutional because it did not apportion a legislative
district for SK nor reapportion legislative districts in Maguindanao, but merely
renamed Maguindanaos first legislative district.

3. COMELEC did not reapportion Maguindanaos first legislative district to make

Cotabato City its lone component because the power to reapportion lies
exclusively with Congress and Cotabato City does not meet minimum population
requirements under the Constitution for the creation of a legislative district within
the city.
b. on the issue of whether a province created by the ARMM Assembly is
entitled to one representative in the House of Representatives (HoR)
without need of national law creating a legislative district.
Petitioner SEMA (w/ concurrence by COMELEC, abandoning its earlier stance): YES
1. Citing Felwa v. Salas, SEMA argues that when a province is created by statute (Act
201 by the ARMM Assembly in this case), a corresponding representative district
comes into existence by operation of the Constitution, without reapportionment.
2. RA 7160 on the creation of provinces affirms the apportionment of legislative
districts incident to such creation.
3. Sec. 5(3), Art. VI of the Constitution and Sec. 3 of the Ordinance appended to the
Constitution mandate apportionment of a legislative district.
Respondent DILANGALEN: NO
1. Sec. 3, Art. IV of RA 9054 withheld from the ARMM Assembly the power to enact
measures relation to national elections, including the apportionment of legislative
districts for members of the HoR
2. Recognizing a legislative district for every province created by the ARMM
Assembly would lead to disproportionate representation of the ARMM in the HoR
3. Cotabato Citys population of less than 250k does not entitle it to a representative
in the HoR
c. on WON Sec. 19, Art. VI, RA 9054 delegating to the ARMM Regional
Assembly the power to create provinces is constitutional, and if so, whether
a province so created is entitled to one representative in the HoR without
need of a national law.
Petitioner SEMA: YES
1. RA 9054 is a constitutional delegation by Congress to the ARMM Regional
Assembly of the formers power to create provinces.
2. Art. X of the Constitution grants to autonomous regions through the organic acts
legislative powers over other matters authorized by law for the promotion of the
general welfare of the people in that region
Respondent DILANGALEN (w/ concurrence by COMELEC): UNCONSTITUTIONAL
1. the power to create provinces is not granted to autonomous regions
2. to grant ARMM the power the prescribe lower standards in the creation of
provinces than those provided by RA 7610 contravenes Art. X of the Constitution
and the Equal Protection Clause
Courts Ruling:
Sec. 19, Art. VI of RA 9054 is unconstitutional insofar as it grants ARMM Regional
Assembly the power to create provinces and cities. Act 201 creating the province of
Shariff Kabunsuan is void. COMELEC Resolution 7902 is valid.

Ratio:
ISSUE [main] : WON Sec. 19 Art VI of RA 9054 delegating to ARMM Regional
Assembly the power to create provinces, cities, municipalities and barangays is
constitutional. Unconstitutional, wrt the creation of provinces and cities.

While Congress, pursuant to its plenary legislative powers, has delegated to

provincial boards and municipal councils the power to create barangays within
their jurisdiction, the Local Government Code states that only an Act of Congress
can create provinces cities or municipalities.
o Under Sec. 10, Art. X of the Constitution, three conditions must be complied
with for the creation of any of the four local government units: a) criteria in
the local government code must be followed, creation of said unit must not
be in conflict with Constitutional provisions, and c) a plebiscite must be held
in the political units affected

While there is no conflict with the Constitution wrt to the delegation of power to
create municipalities and barangays, the creation of provinces and cities is a
different matter because under the Constitution, pending certain
requirements, the creation of the latter two units may result in
additional representatives to the House of Representatives.
o Cities with a population of at least 250k or more shall have at least 1 HoR
o Any province subsequently created, or city with a population of 250k or more,
shall be entitled in the immediately following election to at least one member
in the HoR
o Thus, a province, or a city with a population of 250k or more, cannot
be created without a legislative district, or else the Constitution will
be violated. Even the creations of provinces, or cities with less than 250k,
also requires the power to create legislative districts because a citys
population may increase in the future.

Legislative districts are created or reapportioned only by an Act of Congress.

o The power to increase allowable membership in the HoR and reapportion
legislative districts is vested exclusively in Congress. (Art. VI, Sec. 5,
Constitution):
Sec 5(1), Art VI: Congress may increase through law allowable
membership in the HoR; Sec 5(4) empowers Congress to reapportion
legislative districts, which necessarily includes the power to create such
districts.
o These powers are exercised exclusively through Congress because the latter
is a national legislature, thus any change in its allowable membership or
incumbent membership must be embodied in national law; an inferior
legislative body (i.e. a regional body) may not change the membership of the
superior legislative body (i.e. national body)

ARMMs Regional Assembly cannot create legislative districts whose

representatives are elected through national elections, because such would
extend ARMMs legislative powers beyond its territorial jurisdiction, in
violation of the Constitution.
o Nothing in Sec. 20, Art. X of the Constitution (which enumerates the powers
of autonomous regions) authorizes autonomous regions expressly or
impliedly to create or reapportion legislative districts for Congress.

o
o

Sec. 3, Art. IV of RA 9054 provides that the ARMM Assembly may exercise
legislative powers except on certain matters, including national
elections, thus it cannot create a legislative district whose representative is
elected in national elections.
The office of a legislative district representative to Congress is a national
office, maintained by national funds.
ARMMs Regional Assembly cannot create a national office because such
would allow the formers legislative powers to operate outside of ARMMs
territorial jurisdiction, in violation of Art. X of the Constitution which expressly
limits coverage of regional assemblys to within its territorial juridiction.

ISSUE [main] : WON a province created by the ARMM Regional Assembly via Act
201 is entitled to one representative in the HoR without a need of national law
creating a legislative district for such province. NO. A province cannot legally be
created without a legislative district because the Constitution mandates
that each province have at least one representative. The creation of the SK
Province without a legislative district is unconstitutional.

Petitioner SEMAs use of the Felwa ruling (the creation of legislative districts by
operation of the Constitution upon the creation of a province) does not apply in
this case. In Felwa, the creation of the provinces of Benguet, Mountain Province,
Ifugao and Kalinga-Apayao occurred via RA 4595 which was a national law. The
new province of SK was enacted by a regional law. While the Felwa
doctrine holds true insofar as the creation of a legislative district occurs
by operation of the Constitution when a province is created, the power
to create such legislative districts nevertheless remains exclusively with
Congress because the power to create provinces belongs exclusively to
Congress.

If the creation of the SK Province included an apportioned legislative district,

Cotabato City would be left as the lone component of the first legislative district
of Maguindanao, in violation of the Constitution, because pursuant to the 2000
census, Cotabato Citys population stands at 163, 849.

The grant by Sec. 19, Art. VI of RA 9054 to the ARMM Regional Assembly of the
power to create provinces and cities without regard to the criteria provided by RA
7160 (minimum annual income of P20M and minimum contiguous territory of 2k
sq. km., or minimum population of 250k) would give rise to the ff. absurd
possibilities:
o An inferior legislative body like ARMM Regional Assembly can create 100 or
more provinces and increase its membership in a superior legislative body
like the HoR beyond the maximum limit provided by the Constitution (250)
o Proportional representation in the HoR of one representative per 250k
residents will be negated because the ARMM Regional Assembly need not
comply with the requirement that every province created must have at least
250k population
o Representatives from the ARMM provinces can become the majority in the
HoR thru the ARMM Regional Assemblys continuous creation of provinces or
cities within ARMM

Organic Acts of Autonomous Regions cannot prevail over the Constitution. Sec.
20, Art. X of the Constitution expressly provides that the legislative powers of
regional assemblies are limited, within its territorial jurisdiction and subject to
the provisions of the Constitution and national laws.

ISSUE: [minor] WON the writs of certiorari, prohibition and mandamus were proper
to test the constitutionality of COMELEC Resolution 7902, and whether the
proclamation of Dilangalen as representative of the SK Province with Cotabato City
mooted Semas petition. Yes, the writs are proper. The petition is not moot.

The writ of prohibition is appropriate to test the constitutionality of election laws,

rules and regulations.
Dilangalens proclamation as representative to the province of SK does not moot
the petition because this case does not involve Dilangalens election, but inquires
into the validity of the COMELEC Resolution and the constitutionality of Act 201
and Sec. 19, Art VI of RA 9054. The issue is whether votes cast in Cotabato City
for the representative of SK Province will be included in canvassing of ballots, and
ruling on these petitions will affect all other succeeding elections, as well as the
power of the ARMM Regional Assembly to create future additional provinces.