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Home Political Law Aquino III vs. COMELEC, G.R. No. 189793, April 7, 2010 Share

Aquino III vs. COMELEC, G.R. No. 189793, April 7,


2010 FOLLOW BY EMAIL

Post under case digests, Political Law at Tuesday, January 31, 2012 Posted by Schizophrenic Mind
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Facts: The said case was filed by the petitioners by way of a


Petition for Certiorari and Prohibition under Rule 65 of the Rules of
Court. It was addressed to nullify and declared as unconstitutional, Subscribe in a reader
R.A. 9716 entitled An Act Reapportioning the Composition of the
First (1st) and Second Legislative Districts (2nd) in the province of
CATEGORIES
Camarines Sur and Thereby Creating a New Legislative District from
such Reapportionment. bar exam questionnaire (8)

Said Act originated from House Bill No. 4264, and it was enacted by case digests (612)

President Macapagal-Arroyo. Effectuating the act, it has divided the


Civil Law (123)
existing four districts, and apportioned districts shall form additional
district where the new first district shall be composed of 176,383 Commercial Law (89)
population count.
Criminal Law (102)

Petitioners contend that the reapportionment runs afoul of the


labor law (95)
explicit constitutional standard with a minimum population of
250,000 for the creation of a legislative district under Section 5 (3), Legal Ethics (89)
Article VI of the 1987 Constitution. It was emphasized as well by the
petitioners that if population is less than that provided by the MCQ (28)

Constitution, it must be stricken-down for non-compliance with the personal (6)


minimum population requirement, unless otherwise fixed by law.
Political Law (163)
Followers (9)
Respondents have argued that the petitioners are guilty of two fatal
promo/discounts/freebies (56)
technical effects: first, error in choosing to assail R.A. 9716 via the
Remedy of Certiorari and Prohibition under Rule 65 of the Rules of Psychiatry (5)
Court. And second, petitioners have no locus standi to question the
constitutionality of R.A. 9716. Remedial Law (112)

Taxation (85)
Issue: Whether or not Republic Act No. 9716 is unconstitutional and
therefore null and void, or whether or not a population of 250,000 is villarama doctrines (103)
an indispensable constitutional requirement for the creation of a new
legislative district in a province.
There was an error in this
gadget
Held: It was ruled that the said Act is constitutional. The plain and
clear distinction between a city and a province was explained under
the second sentence of Section 5 (3) of the Constitution. It states
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that a province is entitled into a representative, with nothing was
mentioned about a population. While in cities, a minimum population Live Traffic Feed
of 250,000 must first be satisfied. In 2007, CamSur had a population
of 1,693,821 making the province entitled to two additional districts
from the present of four. Based on the formulation of Ordinance, A visitor from Quezon City
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other than population, the results of the apportionment were valid. Lunatic Mind: Aquino III
And lastly, other factors were mentioned during the deliberations of vs. COMELEC, G.R. No.
House Bill No. 4264. 189793,
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Home Political Law Aquino III vs. COMELEC, G.R. No. 189793, April

Aquino III vs. COMELEC, G.R. No.


2010
Post under case digests, Political Law

Facts: The said case was filed by the pe


Petition for Certiorari and
Court. It was addressed to nullify and declar
R.A. 9716 entitled An
First (1st) and Second Legislative Districts (2
Camarines Sur and Thereby Creating a New L
such Reapportionment.

Said Act originated from House Bill No. 4264,


President Macapagal-Arroyo. Effectuating the
existing four districts, and apportioned district
district where the new first district shall be
population count.

Petitioners contend that the reapportionme


explicit constitutional standard with a mi
250,000 for the creation of a legislative distri
Article VI of the 1987 Constitution
petitioners that if population is less than
Constitution, it must be stricken-down for no
minimum population

Respondents have argued that the petitioners


technical effects: first, error in choosing to as
Remedy of Certiorari and
Court. And second, petitioners have no locus
constitutionality of R.A. 9716.

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