Professional Documents
Culture Documents
At the same time, it can not be denied that it The dissenting opinions place the violation of the three-term limit
is the purpose and intent of the legislative rule as a disqualification under Section 68 as the violation
branch of the government to fix a definite time allegedly is "a status, circumstance or condition which bars him
within which petitions of protests related to from running for public office despite the possession of all the
eligibility of candidates for elective offices qualifications under Section 39 of the [Local Government Code]."
must be filed, as seen in Sections 78 and 253 In so holding the dissenting opinions write in the law what is not
of the Code. Respondent Commission may found in the law. Section 68 is explicit as to the proper grounds for
have seen the need to remedy this so-called disqualification under said Section. The grounds for filing a petition
"procedural gap", but it is not for it to prescribe for disqualification under Section 68 are specifically enumerated in
what the law does not provide, its function not said Section. However, contrary to the specific enumeration in
being legislative. The question of whether the Section 68 and contrary to prevailing jurisprudence, the dissenting
time to file these petitions or protests is too opinions add to the enumerated grounds the violation of the three-
short or ineffective is one for the Legislature term limit rule and falsification under the Revised Penal Code,
to decide and remedy. 41 which are obviously not found in the enumeration in Section
68. SCIAaT
In Fermin v. Commission on Elections, 42 the issue of a
candidate's possession of the required one-year residency The dissenting opinions equate Lonzanida's possession of a
requirement was raised in a petition for disqualification under disqualifying condition (violation of the three-term limit rule) with
Section 68 instead of a petition to deny due course or to cancel a the grounds for disqualification under Section 68. Section 68 is
certificate of candidacy under Section 78. Despite the question of explicit as to the proper grounds for disqualification:
the one-year residency being a proper ground under Section 78, the commission of specific prohibited acts under the Omnibus
Dilangalen, the petitioner before Election Code and possession of a permanent residency or
the COMELEC in Fermin, relied on Section 5 (C) (1) and 5(C) (3) immigrant status in a foreign country. Any other false
(a) (4) of COMELEC Resolution No. 7800 43 and filed the petition representation regarding a material fact should be filed under
under Section 68. In Fermin, we ruled that "a COMELEC rule or Section 78, specifically under the candidate's certification of his
resolution cannot supplant or vary legislative enactments eligibility. In rejecting a violation of the three-term limit as a
that distinguish the grounds for disqualification from those of condition for eligibility, the dissenting opinions resort to judicial
ineligibility, and the appropriate proceedings to raise the said legislation, ignoring the verba legis doctrine and well-established
grounds." 44 A petition for disqualification can only be jurisprudence on this very issue.
premised on a ground specified in Section 12 or 68 of
the Omnibus Election Code or Section 40 of the Local In a certificate of candidacy, the candidate is asked to certify under
Government Code. Thus, a petition questioning a candidate's oath his eligibility, and thus qualification, to the office he seeks
possession of the required one-year residency requirement, as election. Even though the certificate of candidacy does not
distinguished from permanent residency or immigrant status in a specifically ask the candidate for the number of terms elected and
foreign country, should be filed under Section 78, and a petition served in an elective position, such fact is material in determining
under Section 68 is the wrong remedy. a candidate's eligibility, and thus qualification for the office.
Election to and service of the same local elective position for three candidate for the position of Mayor [of] San
consecutive terms renders a candidate ineligible from running for Antonio, Zambales, the votes cast for him
the same position in the should be considered stray
succeeding elections. Lonzanida misrepresented his eligibility votes. Consequently, Intervenor Antipolo,
because he knew full well that he had been elected, and had who remains as the sole qualified candidate
served, as mayor of San Antonio, Zambales for more than three for the mayoralty post and obtained the
consecutive terms yet he still certified that he was eligible to run highest number of votes, should now be
for mayor for the next succeeding term. Thus, Lonzanida's proclaimed as the duly elected Mayor of San
representation that he was eligible for the office that he sought Antonio, Zambales. 48(Boldfacing and
election constitutes false material representation as to his underscoring in the original; italicization
qualification or eligibility for the office. supplied)
Legal Duty of COMELEC Lonzanida's certificate of candidacy was cancelled because he
to Enforce Perpetual Special Disqualification was ineligible or not qualified to run for Mayor. Whether his
certificate of candidacy is cancelled before or after the elections is
Even without a petition under Section 78 of the Omnibus Election
immaterial because the cancellation on such ground means he
Code, the COMELEC is under a legal duty to cancel the certificate
was never a candidate from the very beginning, his certificate of
of candidacy of anyone suffering from perpetual special
candidacy being void ab initio. There was only one qualified
disqualification to run for public office by virtue of a final judgment
candidate for Mayor in the May 2010 elections Antipolo, who
of conviction. The final judgment of conviction is judicial notice to
therefore received the highest number of votes.
the COMELEC of the disqualification of the convict from running
for public office. The law itself bars the convict from running for WHEREFORE, the petition is DISMISSED. The Resolution dated
public office, and the disqualification is part of the final judgment 2 February 2011 and the Order dated 12 January 2011 of
of conviction. The final judgment of the court is addressed not only the COMELEC En Banc in SPA No. 09-158 (DC) are AFFIRMED.
to the Executive branch, but also to other government agencies The COMELEC En Banc is DIRECTED to constitute a Special
tasked to implement the final judgment under the law. Municipal Board of Canvassers to proclaim Estela D. Antipolo as
the duly elected Mayor of San Antonio, Zambales. Petitioner Efren
Whether or not the COMELEC is expressly mentioned in the
Racel Aratea is ORDERED to cease and desist from discharging
judgment to implement the disqualification, it is assumed that the
the functions of the Office of the Mayor of San Antonio, Zambales.
portion of the final judgment on disqualification to run for elective
public office is addressed to the COMELEC because under SO ORDERED.
the Constitution the COMELEC is duty bound to "enforce and
administer all laws and regulations relative to the conduct of an ||| (Aratea v. Commission on Elections, G.R. No. 195229, [October
election." 46 The disqualification of a convict to run for elective 9, 2012], 696 PHIL 700-785)
public office under the Revised Penal Code, as affirmed by final
judgment of a competent court, is part of the enforcement and
administration of "all the laws" relating to the conduct EN BANC
of elections. [G.R. No. 189793. April 7, 2010.]
SENATOR BENIGNO SIMEON C. AQUINO III and MAYOR
Effect of a Void Certificate of Candidacy JESSE ROBREDO, petitioners, vs. COMMISSION ON
A cancelled certificate of candidacy void ab initio cannot give rise ELECTIONS represented by its Chairman JOSE A.R. MELO
to a valid candidacy, and much less to valid votes. 47 We quote and its Commissioners, RENE V. SARMIENTO, NICODEMO T.
from the COMELEC's 2 February 2011 Resolution with FERRER, LUCENITO N. TAGLE, ARMANDO VELASCO, ELIAS
approval: aAHISE R. YUSOPH AND GREGORIO LARRAZABAL, respondents.
DECISION
As early as February 18, 2010, PEREZ, J p:
the Commission speaking through the This case comes before this Court by way of a Petition
Second Division had already ordered the for Certiorari and Prohibition under Rule 65 of the Rules of Court.
cancellation of Lonzanida's certificate of In this original action, petitioners Senator Benigno Simeon
candidacy, and had stricken off his name in C. Aquino III and Mayor Jesse Robredo, as public officers,
the list of official candidates for the mayoralty taxpayers and citizens, seek the nullification as unconstitutional
post of San Antonio, Zambales. Thereafter, of Republic Act No. 9716, entitled "An Act Reapportioning the
the Commission En Banc in its resolution Composition of the First (1st) and Second (2nd) Legislative
dated August 11, 2010 unanimously affirmed Districts in the Province of Camarines Sur and Thereby Creating
the resolution disqualifying Lonzanida. Our a New Legislative District From Such
findings were likewise sustained by the Reapportionment." Petitioners consequently pray that the
Supreme Court no less. The disqualification respondent Commission on Elections be restrained from making
of Lonzanida is not simply anchored on one any issuances and from taking any steps relative to the
ground. On the contrary, it was emphasized implementation of Republic Act No. 9716.
in our En Banc resolution that Lonzanida's Republic Act No. 9716 originated from House Bill No. 4264, and
disqualification is two-pronged: first, he was signed into law by President Gloria Macapagal Arroyo on 12
violated the constitutional fiat onthe three- October 2009. It took effect on 31 October 2009, or fifteen (15)
term limit; and second, as early as December days following its publication in the Manila Standard, a newspaper
1, 2009, he is known to have been convicted of general circulation. 1 In substance, the said law created an
by final judgment for ten (10) counts of additional legislative district for the Province of Camarines Sur by
Falsification under Article 171 of theRevised reconfiguring the existing first and second legislative districts of the
Penal Code. In other words, on election day, province.
respondent Lonzanida's disqualification is Prior to Republic Act No. 9716, the Province of Camarines Sur
notoriously known in fact and in law. Ergo, was estimated to have a population of 1,693,821, 2 distributed
since respondent Lonzanida was never a among four (4) legislative districts in this wise:
District Municipalities/Cities Population of at least 250,000 is required by the Constitution for such new
1st Del Gallego Libmanan 417,304 district. 4
District Petitioner Aquino III was one of two senators who voted against
Ragay Minalabac the approval of the Bill by the Senate. His co-petitioner, Robredo,
Lupi Pamplona is the Mayor of Naga City, which was a part of the former second
Sipocot Pasacao district from which the municipalities of Gainza and Milaor were
Cabusao San Fernando taken for inclusion in the new second district. No other local
2nd Gainza Canaman 474,899 executive joined the two; neither did the representatives of the
District former third and fourth districts of the province.
Milaor Camaligan Petitioners contend that the reapportionment introduced
Naga Magarao by Republic Act No. 9716, runs afoul of the explicit constitutional
Pili Bombon standard that requires a minimum population of two hundred fifty
Ocampo Calabanga thousand (250,000) for the creation of a legislative district. 5 The
3rd Caramoan Sangay 372,548 petitioners claim that the reconfiguration by Republic Act No.
District 9716 of the first and second districts of Camarines Sur is
Garchitorena San Jose unconstitutional, because the proposed first district will end up with
Goa Tigaon a population of less than 250,000 or only 176,383.
Lagonoy Tinamba Petitioners rely on Section 5 (3), Article VI of the 1987
Presentacion Siruma Constitution as basis for the cited 250,000 minimum population
4th Iriga Buhi 429,070 standard. 6 The provision reads:
District Article VI
Baao Bula Section 5. (1) . . .
Balatan Nabua (2) . . .
Bato (3) Each legislative district shall comprise, as far as practicable,
Following the enactment of Republic Act No. 9716, the first and contiguous, compact, and adjacent territory. Each city with a
second districts of Camarines Sur were reconfigured in order to population of at least two hundred fifty thousand, or each
create an additional legislative district for the province. Hence, the province, shall have at least one representative. DIcSHE
first district municipalities of Libmanan, Minalabac, Pamplona, (4) . . . (Emphasis supplied).
Pasacao, and San Fernando were combined with the second The petitioners posit that the 250,000 figure appearing in the
district municipalities of Milaor and Gainza to form a new second above-cited provision is the minimum population requirement for
legislative district. The following table 3 illustrates the the creation of a legislative district. 7 The petitioners theorize that,
reapportionment made by Republic Act No. 9716: AIaSTE save in the case of a newly created province, each legislative
District Municipalities/Cities Population district created by Congress must be supported by a minimum
1st District Del Gallego 176,383 population of at least 250,000 in order to be valid. 8 Under this
Ragay view, existing legislative districts may be reapportioned and
Lupi severed to form new districts, provided each resulting district will
Sipocot represent a population of at least 250,000. On the other hand, if
Cabusao the reapportionment would result in the creation of a legislative
2nd Libmanan San Fernando 276,777 seat representing a populace of less than 250,000 inhabitants, the
District reapportionment must be stricken down as invalid for non-
Minalabac Gainza compliance with the minimum population requirement.
Pamplona Milaor In support of their theory, the petitioners point to what they claim
Pasacao is the intent of the framers of the 1987 Constitution to adopt a
3rd District Naga Camaligan 439,043 population minimum of 250,000 in the creation of additional
(formerly Pili Magarao legislative seats. 9 The petitioners argue that when the
2nd Constitutional Commission fixed the original number of district
District) Ocampo Bombon seats in the House of Representatives to two hundred (200), they
Canaman Calabanga took into account the projected national population of fifty five
4th District Caramoan Sangay 372,548 million (55,000,000) for the year 1986. 10 According to the
(formerly Garchitorena San Jose petitioners, 55 million people represented by 200 district
3rd representatives translates to roughly 250,000 people for every
District) Goa Tigaon one (1) representative. 11 Thus, the 250,000 population
Lagonoy Tinamba requirement found in Section 5 (3), Article VI of the 1987
Presentacion Siruma Constitution is actually based on the population constant used by
5th District Iriga Buhi 429,070 the Constitutional Commission in distributing the initial 200
(formerly Baao Bula legislative seats.
4th Thus did the petitioners claim that in reapportioning legislative
District) Balatan Nabua districts independently from the creation of a province, Congress
Bato is bound to observe a 250,000 population threshold, in the same
Republic Act No. 9716 is a well-milled legislation. The factual manner that the Constitutional Commission did in the original
recitals by both parties of the origins of the bill that became the law apportionment.
show that, from the filing of House Bill No. 4264 until its approval Verbatim, the submission is that:
by the Senate on a vote of thirteen (13) in favor and two (2) 1. Republic Act 9716 is unconstitutional because the newly
against, the process progressed step by step, marked by public apportioned first district of Camarines Sur failed to meet the
hearings on the sentiments and position of the local officials of population requirement for the creation of the legislative district as
Camarines Sur on the creation of a new congressional district, as explicitly provided in Article VI, Section 5, Paragraphs (1) and (3)
well as argumentation and debate on the issue, now before us, of the Constitution and Section 3 of the Ordinance appended
concerning the stand of the oppositors of the bill that a population thereto; and
2. Republic Act 9716 violates the principle of proportional substantial injury as a result of the implementation of Republic Act
representation as provided in Article VI, Section 5 paragraphs (1), No. 9716. The respondents, therefore, conclude that the
(3) and (4) of the Constitution. 12 petitioners lack the required legal standing to question the
The provision subject of this case states: constitutionality of Republic Act No. 9716.
Article VI This Court has paved the way away from procedural debates when
Section 5. (1) The House of Representatives shall be composed confronted with issues that, by reason of constitutional importance,
of not more than two hundred and fifty members, unless otherwise need a direct focus of the arguments on their content and
fixed by law, who shall be elected from legislative districts substance.
apportioned among the provinces, cities and the Metropolitan The Supreme Court has, on more than one occasion, tempered
Manila area in accordance with the number of their respective the application of procedural rules, 14 as well as relaxed the
inhabitants, and on the basis of a uniform and progressive ratio, requirement of locus standi whenever confronted with an
and those who, as provided by law, shall be elected through a important issue of overreaching significance to society. 15
party-list system of registered national, regional and sectoral Hence, in Del Mar v. Philippine Amusement and Gaming
parties or organizations. EaHcDS Corporation (PAGCOR) 16 and Jaworski v. PAGCOR, 17 this
(2) . . . Court sanctioned momentary deviation from the principle of the
(3) Each legislative district shall comprise, as far as practicable, hierarchy of courts, and took original cognizance of cases raising
contiguous, compact, and adjacent territory. Each city with a issues of paramount public importance. The Jaworski
population of at least two hundred fifty thousand, or each province, case ratiocinates: CAaSED
shall have at least one representative. Granting arguendo that the present action cannot be properly
(4) Within three years following the return of every census, the treated as a petition for prohibition, the transcendental
Congress shall make a reapportionment of legislative districts importance of the issues involved in this case warrants that
based on the standards provided in this section. we set aside the technical defects and take primary
On the other hand, the respondents, through the Office of the jurisdiction over the petition at bar. One cannot deny that the
Solicitor General, seek the dismissal of the present petition based issues raised herein have potentially pervasive influence on the
on procedural and substantive grounds. social and moral well being of this nation, specially the youth;
On procedural matters, the respondents argue that the petitioners hence, their proper and just determination is an imperative
are guilty of two (2) fatal technical defects: first, petitioners need. This is in accordance with the well-entrenched principle
committed an error in choosing to assail the constitutionality that rules of procedure are not inflexible tools designed to
of Republic Act No. 9716 via the remedy of Certiorari and hinder or delay, but to facilitate and promote the
Prohibition under Rule 65 of the Rules of Court; and second, the administration of justice. Their strict and rigid application,
petitioners have no locus standi to question the constitutionality which would result in technicalities that tend to frustrate,
of Republic Act No. 9716. rather than promote substantial justice, must always be
On substantive matters, the respondents call attention to an eschewed. (Emphasis supplied)
apparent distinction between cities and provinces drawn by Anent the locus standi requirement, this Court has already
Section 5 (3), Article VI of the 1987 Constitution. The respondents uniformly ruled in Kilosbayan v. Guingona, 18 Tatad v.
concede the existence of a 250,000 population condition, but Executive Secretary, 19 Chavez v. Public Estates
argue that a plain and simple reading of the questioned provision Authority 20 and Bagong Alyansang Makabayan v.
will show that the same has no application with respect to the Zamora, 21 just to name a few, that absence of direct injury on the
creation of legislative districts in provinces. 13 Rather, the 250,000 part of the party seeking judicial review may be excused when the
minimum population is only a requirement for the creation of a latter is able to craft an issue of transcendental importance.
legislative district in a city. In Lim v. Executive Secretary, 22 this Court held that in cases of
In sum, the respondents deny the existence of a fixed population transcendental importance, the cases must be settled promptly
requirement for the reapportionment of districts in provinces. and definitely, and so, the standing requirements may be relaxed.
Therefore, Republic Act No. 9716, which only creates an This liberal stance has been echoed in the more recent decision
additional legislative district within the province of Camarines Sur, on Chavez v. Gonzales. 23
should be sustained as a perfectly valid reapportionment law. Given the weight of the issue raised in the instant petition, the
We first pass upon the threshold issues. foregoing principles must apply. The beaten path must be taken.
The respondents assert that by choosing to avail themselves of We go directly to the determination of whether or not a population
the remedies of Certiorari and Prohibition, the petitioners have of 250,000 is an indispensable constitutional requirement for the
committed a fatal procedural lapse. The respondents cite the creation of a new legislative district in a province.
following reasons: EHITaS We deny the petition.
1. The instant petition is bereft of any allegation that the We start with the basics. Any law duly enacted by Congress carries
respondents had acted without or in excess of jurisdiction, or with with it the presumption of constitutionality. 24 Before a law may be
grave abuse of discretion. declared unconstitutional by this Court, there must be a clear
2. The remedy of Certiorari and Prohibition must be directed showing that a specific provision of the fundamental law has been
against a tribunal, board, officer or person, whether exercising violated or transgressed. When there is neither a violation of a
judicial, quasi-judicial, or ministerial functions. Respondents specific provision of the Constitution nor any proof showing that
maintain that in implementing Republic Act No. 9716, they were there is such a violation, the presumption of constitutionality will
not acting as a judicial or quasi-judicial body, nor were they prevail and the law must be upheld. To doubt is to sustain. 25
engaging in the performance of a ministerial act. There is no specific provision in the Constitution that fixes a
3. The petitioners could have availed themselves of another plain, 250,000 minimum population that must compose a legislative
speedy and adequate remedy in the ordinary course of law. district. TaCDIc
Considering that the main thrust of the instant petition is the As already mentioned, the petitioners rely on the second sentence
declaration of unconstitutionality of Republic Act No. 9716, the of Section 5 (3), Article VI of the 1987 Constitution, coupled with
same could have been ventilated through a petition for declaratory what they perceive to be the intent of the framers of
relief, over which the Supreme Court has only appellate, not the Constitution to adopt a minimum population of 250,000 for
original jurisdiction. each legislative district.
The respondents likewise allege that the petitioners had failed to The second sentence of Section 5 (3), Article VI of
show that they had sustained, or is in danger of sustaining any the Constitution, succinctly provides: "Each city with a population
of at least two hundred fifty thousand, or each province, shall have Requisites for Creation. (a) A province may be created if it has
at least one representative." an average annual income, as certified by the Department of
The provision draws a plain and clear distinction between the Finance, of not less than Twenty million pesos (P20,000,000.00)
entitlement of a city to a district on one hand, and the entitlement based on 1991 constant prices and either of the following
of a province to a district on the other. For while a province is requisites:
entitled to at least a representative, with nothing mentioned about (i) a contiguous territory of at least two thousand (2,000) square
population, a city must first meet a population minimum of 250,000 kilometers, as certified by the Lands Management Bureau;
in order to be similarly entitled. or DTAcIa
The use by the subject provision of a comma to separate the (ii) a population of not less than two hundred fifty thousand
phrase "each city with a population of at least two hundred fifty (250,000) inhabitants as certified by the National Statistics Office.
thousand" from the phrase "or each province" point to no other Notably, the requirement of population is not an indispensable
conclusion than that the 250,000 minimum population is only requirement, but is merely an alternative addition to the
required for a city, but not for a province. 26 indispensable income requirement.
Plainly read, Section 5 (3) of the Constitution requires a 250,000 Mariano, it would turn out, is but a reflection of the pertinent ideas
minimum population only for a city to be entitled to a that ran through the deliberations on the words and meaning of
representative, but not so for a province. Section 5 of Article VI.
The 250,000 minimum population requirement for legislative The whats, whys, and wherefores of the population requirement of
districts in cities was, in turn, the subject of interpretation by this "at least two hundred fifty thousand" may be gleaned from the
Court in Mariano, Jr. v. COMELEC. 27 records of the Constitutional Commission which, upon framing the
In Mariano, the issue presented was the constitutionality provisions of Section 5 of Article VI, proceeded to form an
of Republic Act No. 7854, which was the law that converted the ordinance that would be appended to the final document. The
Municipality of Makati into a Highly Urbanized City. As it Ordinance is captioned "APPORTIONING THE SEATS OF THE
happened, Republic Act No. 7854 created an additional legislative HOUSE OF REPRESENTATIVES OF THE CONGRESS OF THE
district for Makati, which at that time was a lone district. The PHILIPPINES TO THE DIFFERENT LEGISLATIVE DISTRICTS
petitioners in that case argued that the creation of an additional IN PROVINCES AND CITIES AND THE METROPOLITAN
district would violate Section 5 (3), Article VI of the Constitution, MANILA AREA." Such records would show that the 250,000
because the resulting districts would be supported by a population population benchmark was used for the 1986
of less than 250,000, considering that Makati had a total nationwide apportionment of legislative districts among provinces,
population of only 450,000. The Supreme Court sustained the cities and Metropolitan Manila. Simply put, the population figure
constitutionality of the law and the validity of the newly created was used to determine how many districts a province, city, or
district, explaining the operation of the Constitutional phrase "each Metropolitan Manila should have. Simply discernible too is the fact
city with a population of at least two hundred fifty thousand," to that, for the purpose, population had to be the determinant. Even
wit: DTEScI then, the requirement of 250,000 inhabitants was not taken as an
Petitioners cannot insist that the addition of another legislative absolute minimum for one legislative district. And, closer to the
district in Makati is not in accord with section 5(3), Article VI of point herein at issue, in the determination of the precise district
the Constitution for as of the latest survey (1990 census), the within the province to which, through the use of the population
population of Makati stands at only four hundred fifty thousand benchmark, so many districts have been apportioned, population
(450,000). Said section provides, inter alia, that a city with a as a factor was not the sole, though it was among, several
population of at least two hundred fifty thousand (250,000) shall determinants.
have at least one representative. Even granting that the From its journal, 29 we can see that the Constitutional
population of Makati as of the 1990 census stood at four Commission originally divided the entire country into two hundred
hundred fifty thousand (450,000), its legislative district may (200) districts, which corresponded to the original number of
still be increased since it has met the minimum population district representatives. The 200 seats were distributed by the
requirement of two hundred fifty thousand (250,000). In fact, Constitutional Commission in this manner: first, one (1) seat each
Section 3 of the Ordinance appended to was given to the seventy-three (73) provinces and the ten (10)
the Constitution provides that a city whose population cities with a population of at least 250,000; 30 second, the
has increased to more than two hundred fifty thousand remaining seats were then redistributed among the provinces,
(250,000) shall be entitled to at least one congressional cities and the Metropolitan Area "in accordance with the number
representative. 28 (Emphasis supplied) of their inhabitants on the basis of a uniform and progressive
The Mariano case limited the application of the 250,000 minimum ratio." 31 Commissioner Davide, who later became a Member and
population requirement for cities only to its initial legislative then Chief Justice of the Court, explained this in his sponsorship
district. In other words, while Section 5 (3), Article VI of remark 32 for the Ordinance to be appended to the 1987
the Constitution requires a city to have a minimum population of Constitution:
250,000 to be entitled to a representative, it does not have to Commissioner Davide: The ordinance fixes at 200 the number of
increase its population by another 250,000 to be entitled to legislative seats which are, in turn, apportioned among provinces
an additional district. and cities with a population of at least 250,000 and the
There is no reason why the Mariano case, which involves the Metropolitan Area in accordance with the number of their
creation of an additional district within a city, should not be applied respective inhabitants on the basis of a uniform and progressive
to additional districts in provinces. Indeed, if ratio. The population is based on the 1986 projection, with the
an additional legislative district created within a city is not required 1980 official enumeration as the point of reckoning. This projection
to represent a population of at least 250,000 in order to be valid, indicates that our population is more or less 56 million. Taking
neither should such be needed for an additional district in a into account the mandate that each city with at least 250,000
province, considering moreover that a province is entitled to inhabitants and each province shall have at least one
an initial seat by the mere fact of its creation and regardless of its representative, we first allotted one seat for each of the 73
population. provinces, and each one for all cities with a population of at
Apropos for discussion is the provision of the Local Government least 250,000, which are the Cities of Manila, Quezon, Pasay,
Code on the creation of a province which, by virtue of and upon Caloocan, Cebu, Iloilo, Bacolod, Cagayan de Oro, Davao and
creation, is entitled to at least a legislative district. Thus, Section Zamboanga. Thereafter, we then proceed[ed] to increase
461 of the Local Government Code states: whenever appropriate the number of seats for the provinces
and cities in accordance with the number of their inhabitants The districting of Palawan disregarded the 250,000 population
on the basis of a uniform and progressive ratio. (Emphasis figure. It was decided by the importance of the towns and the city
supplied). cEAIHa that eventually composed the districts.
Thus was the number of seats computed for each province and Benguet and Baguio are another reference point. The Journal
city. Differentiated from this, the determination of the districts further narrates:
within the province had to consider "all protests and complaints At this juncture, Mr. Davide informed the Body that Mr. Regalado
formally received" which, the records show, dealt with made a reservation with the Committee for the possible reopening
determinants other than population as already mentioned. of the approval of Region I with respect to Benguet and Baguio
Palawan is a case in point. Journal No. 107 of the Constitutional City.
Commission narrates: REMARKS OF MR. REGALADO
INTERPELLATION OF MR. NOLLEDO: Mr. Regalado stated that in the formulation of the Committee,
Mr. Nolledo inquired on the reason for including Puerto Princesa Baguio City and Tuba are placed in one district. He stated that he
in the northern towns when it was more affinity with the southern was toying with the idea that, perhaps as a special consideration
town of Aborlan, Batarasa, Brooke's Point, Narra, Quezon and for Baguio because it is the summer capital of the Philippines,
Marcos. He stated that the First District has a greater area than Tuba could be divorced from Baguio City so that it could, by itself,
the Second District. He then queried whether population was the have its own constituency and Tuba could be transferred to the
only factor considered by the Committee in redistricting. Second District together with Itogon. Mr. Davide, however, pointed
Replying thereto, Mr. Davide explained that the Committee took out that the population of Baguio City is only 141,149.
into account the standards set in Section 5 of the Article on the Mr. Regalado admitted that the regular population of Baguio may
Legislative Department, namely: 1) the legislative seats should be be lower during certain times of the year, but the transient
apportioned among the provinces and cities and the Metropolitan population would increase the population substantially and,
Manila area in accordance with their inhabitants on the basis of a therefore, for purposes of business and professional transactions,
uniform and progressive ratio; and 2) the legislative district must it is beyond question that population-wise, Baguio would more
be compact, adjacent and contiguous. than qualify, not to speak of the official business matters,
Mr. Nolledo pointed out that the last factor was not met when transactions and offices that are also there. cSTCDA
Puerto Princesa was included with the northern towns. He then Mr. Davide adverted to Director de Lima's statement that unless
inquired what is the distance between Puerto Princesa from San Tuba and Baguio City are united, Tuba will be isolated from the
Vicente. rest of Benguet as the place can only be reached by passing
xxx xxx xxx through Baguio City. He stated that the Committee would submit
Thereupon, Mr. Nolledo stated that Puerto Princesa has a the matter to the Body.
population of 75,480 and based on the apportionment, its inclusion Upon inquiry of the Chair whether he is insisting on his
with the northern towns would result in a combined population of amendment, Mr. Regalado stated that the Body should have a say
265,000 as against only 186,000 for the south. He added that on the matter and that the considerations he had given are not on
Cuyo and Coron are very important towns in the northern part of the demographic aspects but on the fact that Baguio City is the
Palawan and, in fact, Cuyo was the capital of Palawan before its summer capital, the venue and situs of many government offices
transfer to Puerto Princesa. He also pointed out that there are and functions.
more potential candidates in the north and therefore if Puerto On motion of Mr. Davide, there being no objection, the Body
Princesa City and the towns of Cuyo and Coron are lumped approved the reconsideration of the earlier approval of the
together, there would be less candidates in the south, most of apportionment and districting of Region I, particularly Benguet.
whose inhabitants are not interested in politics. He then suggested Thereafter, on motion of Mr. Davide, there being no objection, the
that Puerto Princesa be included in the south or the Second amendment of Mr. Regalado was put to a vote. With 14 Members
District. voting in favor and none against, the amendment was approved
Mr. Davide stated that the proposal would be considered during by the Body.
the period of amendments. He requested that the COMELEC staff Mr. Davide informed that in view of the approval of the
study said proposal. 33 amendment, Benguet with Baguio City will have two seats. The
"PROPOSED AMENDMENT OF MR. NOLLEDO First District shall comprise of the municipalities of Mankayan,
On the districting of Palawan, Mr. Nolledo pointed out that it was Buguias, Bakun, Kabayan, Kibungan, Bokod, Atok, Kapangan,
explained in the interpellations that District I has a total population Tublay, La Trinidad, Sablan, Itogon and Tuba. The Second District
of 265,358 including the City of Puerto Princesa, while the Second shall comprise of Baguio City alone.
District has a total population of 186,733. He proposed, however, There being no objection, the Body approved the apportionment
that Puerto Princesa be included in the Second District in order to and districting of Region I. 35
satisfy the contiguity requirement in the Constitution considering Quite emphatically, population was explicitly removed as a factor.
that said City is nearer the southern towns comprising the Second It may be additionally mentioned that the province of Cavite was
District. DEIHAa divided into districts based on the distribution of its three cities,
In reply to Mr. Monsod's query, Mr. Nolledo explained that with the with each district having a city: one district "supposed to be a
proposed transfer of Puerto Princesa City to the Second District, fishing area; another a vegetable and fruit area; and the third, a
the First District would only have a total population of 190,000 rice growing area," because such consideration "fosters common
while the Second District would have 262,213, and there would be interests in line with the standard of compactness." 36 In the
no substantial changes. districting of Maguindanao, among the matters discussed were
Mr. Davide accepted Mr. Nolledo's proposal to insert Puerto "political stability and common interest among the people in the
Princesa City before the Municipality of Aborlan. area" and the possibility of "chaos and disunity" considering the
There being no objection on the part of the Members the same "accepted regional, political, traditional and sectoral
was approved by the Body. leaders." 37 For Laguna, it was mentioned that municipalities in
APPROVAL OF THE APPORTIONMENT AND DISTRICTING OF the highland should not be grouped with the towns in the lowland.
PALAWAN For Cebu, Commissioner Maambong proposed that they should
There being no other amendment, on motion of Mr. Davide, there "balance the area and population." 38
being no objection, the apportionment and districting for the Consistent with Mariano and with the framer deliberations on
province of Palawan was approved by the Body. 34 district apportionment, we stated in Bagabuyo v.
COMELEC 39 that: TcSHaD
. . . Undeniably, these figures show a disparity in the population SO ORDERED.
sizes of the districts. The Constitution, however, does not Corona, Velasco, Jr., Nachura, Leonardo-de Castro, Peralta,
require mathematical exactitude or rigid equality as a Bersamin, Del Castillo and Mendoza, JJ., concur.
standard in gauging equality of representation. . . . . To ensure Puno, C.J., I join the dissenting opinion of J. Carpio.
quality representation through commonality of interests and ease Carpio, J., see dissenting opinion.
of access by the representative to the constituents, all that Carpio Morales, J., please see concurring and dissenting opinion.
the Constitution requires is that every legislative district should Brion, J., I join opinion of J. CC Morales.
comprise, as far as practicable, contiguous, compact and adjacent Abad, J., is on official leave.
territory. (Emphasis supplied). Villarama, Jr., J., I join Justice Morales' concurring and dissenting
This 2008 pronouncement is fresh reasoning against the opinion.
uncompromising stand of petitioner that an additional provincial Separate Opinions
legislative district, which does not have at least a 250,000 CARPIO, J., dissenting:
population is not allowed by the Constitution. I dissent. The majority opinion wreaks havoc on the bedrock
The foregoing reading and review lead to a clear lesson. principle of our "democratic and republican State" 1 that all votes
Neither in the text nor in the essence of Section 5, Article VI of are equal. Instead, the majority opinion introduces the Orwellian
the Constitution can, the petition find support. And the formulation concept that some votes are more equal than others. The
of the Ordinance in the implementation of the provision, nay, even majority opinion allows, for the first time under the 1987
the Ordinance itself, refutes the contention that a population of Constitution, voters in a legislative district created by Congress to
250,000 is a constitutional sine qua non for the formation of an send one representative to Congress even if the district has a
additional legislative district in a province, whose population population of only 176,383. In sharp contrast, all other legislative
growth has increased beyond the 1986 numbers. districts created by Congress send one representative each
Translated in the terms of the present case: because they all meet the minimum population requirement of
1. The Province of Camarines Sur, with an estimated population 250,000. aHSTID
of 1,693,821 in 2007 is based on the formula and constant The assailed Republic Act No. 9716 (RA 9716) is unconstitutional
number of 250,000 used by the Constitutional Commission in for being utterly repugnant to the clear and precise "standards"
nationally apportioning legislative districts among provinces and prescribed in Section 5, Article VI of the 1987 Constitution for the
cities entitled to two (2) districts in addition to the four (4) that it creation of legislative districts. Section 5 (4) 2 of Article VI
was given in the 1986 apportionment. Significantly, mandates that "Congress shall make a reapportionment of
petitioner Aquino concedes this point. 40 In other words, Section legislative districts based on the standards" fixed in Section 5.
5 of Article VI as clearly written allows and does not prohibit an These constitutional standards, as far as population is concerned,
additional district for the Province of Camarines Sur, such as that are: (1) proportional representation; (2) minimum population
provided for in Republic Act No. 9786; of 250,000 per legislative district; (3) progressive ratio in the
2. Based on the pith and pitch of the exchanges on the Ordinance increase of legislative districts as the population base
on the protests and complaints against strict conformity with the increases; and (4) uniformity in apportionment of legislative
population standard, and more importantly based on the final districts "in provinces, cities, and the Metropolitan Manila
districting in the Ordinance on considerations other area." The assailed RA 9716 grossly violates these constitutional
than population, the reapportionment or the recomposition of the standards.
first and second legislative districts in the Province of Camarines Legislators Represent People, Not Provinces or Cities
Sur that resulted in the creation of a new legislative district is There was never any debate 3 in the design of our government
valid even if the population of the new district is 176,383 and not that the members of the House of Representatives, just like the
250,000 as insisted upon by the petitioners. EcIaTA members of the Senate, represent people not provinces,
3. The factors mentioned during the deliberations on House Bill cities, or any other political unit. 4 The only difference is that the
No. 4264, were: members of the Senate represent the people at large while the
(a) the dialects spoken in the grouped municipalities; members of the House represent the people in legislative
(b) the size of the original groupings compared to that of the districts. Thus, population or the number of inhabitants in a
regrouped municipalities; district is the essential measure of representation in the
(c) the natural division separating the municipality subject of the House of Representatives. 5 Section 5 (1), Article VI of the 1987
discussion from the reconfigured District One; and Constitution, just like in the previous Constitutions, 6 could not be
(d) the balancing of the areas of the three districts resulting from any clearer:
the redistricting of Districts One and Two. 41 The House of Representatives shall be composed of . . . members,
Each of such factors and in relation to the others considered . . ., who shall be elected from legislative districts apportioned
together, with the increased population of the erstwhile Districts among the provinces, cities, and the Metropolitan Manila area in
One and Two, point to the utter absence of abuse of discretion, accordance with the number of their respective
much less grave abuse of discretion, 42 that would warrant the inhabitants, and on the basis of a uniform and progressive ratio .
invalidation of Republic Act No. 9716. . . . (Emphasis supplied)
To be clear about our judgment, we do not say that in the Evidently, the idea of the people, as individuals, electing their
reapportionment of the first and second legislative districts of representatives under the principle of "one person, one
Camarines Sur, the number of inhabitants in the resulting vote," 7 is the cardinal feature of any polity, like ours, claiming to
additional district should not be considered. Our ruling is that be a "democratic and republican State." 8 A democracy in its pure
population is not the only factor but is just one of several other state is one where the majority of the people, under the principle
factors in the composition of the additional district. Such settlement of "one person, one vote," directly run the government. 9 A
is in accord with both the text of the Constitution and the spirit of republic is one which has no monarch, royalty or nobility, 10 ruled
the letter, so very clearly given form in the Constitutional debates by a representative government elected by the majority of the
on the exact issue presented by this petition. people under the principle of "one person, one vote," where all
WHEREFORE, the petition is hereby DISMISSED. Republic Act citizens are equally subject to the laws. 11 A republic is also
No. 9716 entitled "An Act Reapportioning the Composition of the known as a representative democracy. The democratic and
First (1st) and Second (2nd) Legislative Districts in the Province of republican ideals are intertwined, and converge on the common
Camarines Sur and Thereby Creating a New Legislative District principle of equality equality in voting power, and equality
From Such Reapportionment" is a VALID LAW. under the law. cCaEDA
The constitutional standard of proportional representation is 500,000. This insures that proportional representation is
rooted in equality in voting power that each vote is worth the maintained if there are increases in the population of a province,
same as any other vote, not more or less. Regardless of race, city, or the Metropolitan Manila area. This is what is meant by a
ethnicity, religion, sex, occupation, poverty, wealth or "progressive ratio" in the apportionment of legislative districts, a
literacy, voters have an equal vote. Translated in terms of ratio that must also be uniformly applied.
legislative redistricting, this means equal representation for Obviously, the 1987 Constitution has laid down clear and precise
equal numbers of people 12 or equal voting weight per standards in the apportionment of legislative districts compared
legislative district. In constitutional parlance, this means to the 1935 Constitution. What is inescapable is that the 1987
representation for every legislative district "in accordance with Constitution has strengthened and tightened the requirement
the number of their respective inhabitants, and on the basis of uniformity in the apportionment of legislative districts,
of a uniform and progressive ratio" 13 or proportional whether in provinces, cities or the Metropolitan Manila area.
representation. Thus, the principle of "one person, one vote" or To now declare, as the majority opinion holds, that apportionment
equality in voting power is inherent in proportional representation. in provinces can disregard the minimum population requirement
It was in obedience to the rule on proportional representation that because the Constitution speaks of a minimum population only
this Court unanimously struck down an apportionment law which: in cities is logically flawed, constitutionally repulsive, and fatally
(a) . . . gave Cebu seven members, while Rizal with a bigger corrosive of the bedrock notion that this country is a "democratic
number of inhabitants got four only; (b) . . . gave Manila four and republican State." 16 This ruling of the majority strikes a
members, while Cotabato with a bigger population got three only; debilitating blow at the heart of our democratic and republican
(c) [gave] Pangasinan with less inhabitants than both Manila and system of government.
Cotabato . . . more than both, five members having been assigned Under the majority's ruling, Congress can create legislative
to it; (d) [gave] Samar (with 871,857) four members while Davao districts in provinces without regard to any minimum population.
with 903,224 got three only; (e) [gave] Bulacan with 557,691 . . . Such legislative districts can have a population of 150,000,
two only, while Albay with less inhabitants (515,691) got three, and 100,000, 50,000 or even 100, thus throwing out of the window the
(f) [gave] Misamis Oriental with 387,839 . . . one member only, constitutional standards of proportional representation and
while Cavite with less inhabitants (379,904) got two. 14 . . . uniformity in the creation of legislative districts. To disregard the
for being repugnant to the constitutional edict under the minimum population requirement of 250,000 in provincial
1935 Constitution that the Members of the House of legislative districts while maintaining it in city legislative districts is
Representatives "shall be apportioned among the several to disregard, as a necessary consequence, the constitutional
provinces as nearly as may be according to the number of their standards of proportional representation and uniformity in the
respective inhabitants." 15 creation of legislative districts in "provinces, cities, and the
Section 5 (1), Article VI of the 1987 Constitution is even more Metropolitan Manila area." This means that legislative districts in
precise by providing that the Members of the House "shall be provinces can have a minimum population of anywhere from 100
elected from legislative districts apportioned among (or even less) to 250,000, while legislative districts in cities will
the provinces, cities, and the Metropolitan Manila area in always have a minimum population of 250,000. This will spell the
accordance with the number of their respective inhabitants, end of our democratic and republican system of government as we
and on the basis of a uniform and progressive ratio . . . ." The know it and as envisioned in the 1987 Constitution.
phrase "as nearly as may be according to the number of their Constitutional Standards for Reapportionment:
respective inhabitants" in the 1935 Constitution has been changed Population and Territory
in the 1987 Constitution to the more precise "in accordance with The Constitution itself provides the "standards" against which
the number of their respective inhabitants, and on the basis of a reapportionment laws like RA 9716 will be tested, following its
uniform and progressive ratio . . . ." The addition of the phrase command that "Congress shall make a reapportionment of
"on the basis of a uniform and progressive ratio" was meant to legislative districts based on the standards provided in this
stress that the rule on proportional representation shall section," 17 referring to Section 5, Article VI. These standards
apply uniformly in the apportionment of every legislative district. relate to first, population, and second, territory. Section 5
The phrase "in accordance with the number of their respective admits of no other standards. TCaEIc
inhabitants," which precedes the phrase "provinces, cities and On population, the standards of the 1987 Constitution have four
the Metropolitan Manila area," means that legislative districts elements. First is the rule on proportional representation, which is
in provinces, cities and the Metropolitan Manila area shall be the universal standard in direct representation in legislatures.
apportioned according to proportional representation or equal Second is the rule on a minimum population of 250,000 per
representation for equal numbers of people. Thus, there shall legislative district, which was not present in our
be one legislative district for every given number of people, previous Constitutions. Third is the rule on progressive ratio, which
whether inhabiting in provinces, cities or the Metropolitan Manila means that the number of legislative districts shall increase as the
area. number of the population increases in accordance with the rule on
The phrase "on the basis of a uniform . . . ratio" means that the proportional representation. Fourth is the rule on uniformity,
ratio of one legislative district for every given number of people which requires that the first three rules shall apply uniformly
shall be applied uniformly in all apportionments, whether in all apportionments in provinces, cities and the Metropolitan
in provinces, cities or the Metropolitan Manila area. Section 5 (3) Manila area.
of Article VI mandates that "[e]ach city with a population of at The Constitution 18 and the Ordinance 19 appended to the 1987
least two hundred fifty thousand . . . shall have at least one Constitution fixes the minimum population of a legislative district
representative." Consequently, a population of 250,000 serves as at 250,000. Although textually relating to cities, this minimum
the default minimum population applicable to every legislative population requirement applies equally to legislative districts
district following the rule on uniformity in the apportionment of apportioned in provinces and the Metropolitan Manila area
legislative districts, whether in provinces, cities or in the because of the constitutional command that "legislative districts
Metropolitan Manila area. IESTcD [shall be] apportioned among the provinces, cities, and the
The phrase "progressive ratio" means that the number of Metropolitan Manila area in accordance with the number of their
legislative districts shall increase as the number of the population respective inhabitants, and on the basis of a uniform and
increases, whether in provinces, cities or the Metropolitan progressive ratio." To reiterate, the Constitution commands
Manila area. Thus, a province shall have one legislative district if that this rule on uniformity shall apply to legislative districts
it has a population of 250,000, and two legislative districts if it has in "provinces, cities, and the Metropolitan Manila area."
Otherwise, districts apportioned in provinces, if freed from the for political expediency: his colleagues in the Senate deemed the
minimum population requirement, will have constituencies two, existing districts in Camarines Sur "untouchable" because "[a
four, ten times lower than in districts apportioned in cities, violating Congressman] is king [in his district]." 24 This shows a stark
the constitutional command that apportionment shall be based on absence of a good faith effort to achieve a more precise
a uniform ratio in "provinces, cities, and the Metropolitan proportional representation in the redistricting under the
Manila area." assailed RA 9716. Clearly, RA 9716 tinkers with vote valuation,
In short, the constitutional "standards" in the apportionment and consequently with the constitutional standard of proportional
of legislative districts under Section 5 of Article VI, as far as representation, based solely on the whims of incumbent
population is concerned, are: (1) proportional representation; Congressmen, an invalid standard for redistricting under Section
(2) a minimum "population of at least two hundred fifty 5 of Article VI.
thousand" per legislative district; (3) progressive ratio in the Equally important, RA 9716 violates the minimum population
increase of legislative districts as the population base requirement of 250,000 in creating the proposed First
increases; and (4) uniformity in the apportionment of District, which will have a population of only 176,383. The
legislative districts in "provinces, cities, and the Metropolitan minimum population of 250,000 per legislative district admits of no
Manila area." variance and must be complied with to the last digit.
For territory, the Constitution prescribes the "standards" that a The Constitution mandates a population of "at leasttwo hundred
legislative district must be, "as far as practicable, contiguous, fifty thousand" for a legislative district in a city, and under the
compact, and adjacent." principle of "uniform and progressive ratio," for every legislative
To repeat, other than population and territory, there are no other district in provinces and in the Metropolitan Manila area.
standards prescribed in Section 5 of Article VI. This Court cannot Entitlement of "Each Province" to "at Least One
add other standards not found in Section 5. Representative"
The Malapportionment of RA 9716 Flouts No Basis to Ignore Standard of Uniform Population Ratio
the Constitutional Standards on Population The directive in Section 5 (3) of Article VI that "each province, shall
RA 9716 grossly malapportions Camarines Sur's proposed five have at least one representative" means only that when a province
legislative districts by flouting the standards of proportional is created, a legislative district must also be created with it. 25 Can
representation among legislative districts and the minimum this district have a population below 250,000? To answer in the
population per legislative district. affirmative is to ignore the constitutional mandate that districts in
Based on the 2007 census, the proposed First District provinces be apportioned "in accordance with the number of their
under RA 9716 will have a population of only 176,383, which respective inhabitants, and on the basis of a uniform and
is 29% below the constitutional minimum population of progressive ratio." That the Constitution never meant
250,000 per legislative district. In contrast, the remaining four to excludeprovinces from the requirement of proportional
proposed districts have populations way above the minimum with representation is evident in the opening provision of Section 5 (1),
the highest at 439,043 (proposed Third District), lowest at 276,777 which states: CDHacE
(proposed Second District) and an average of 379,359. Indeed, The House of Representatives shall be composed of . . . members,
the disparity is so high that three of the proposed districts (Third, . . ., who shall be elected from legislative districts apportioned
Fourth, and Fifth Districts) have populations more than among the provinces, cities, and the Metropolitan Manila area in
double that of the proposed First District. 20 This results in wide accordance with the number of their respective inhabitants, and on
variances among the districts' populations. Still using the 2007 the basis of a uniform and progressive ratio . . . ." (Boldfacing
census, the ideal per district population for Camarines Sur is and underscoring supplied)
338,764. 21 The populations of the proposed districts swing In short, the Constitution clearly mandates that the creation of
from this ideal by a high of positive 29.6% (Third District) to a legislative districts in provinces, cities and the Metropolitan
low of negative 47.9% (First District). 22 This means that the Manila area must comply with proportional representation, on the
smallest proposed district (First District) basis of a uniform and progressive ratio. 26
is underpopulated by nearly 50% of the ideal and the biggest Apportionment in the Ordinance Appended to the 1987
proposed district (Third District) is overpopulated by nearly Constitution
30% of the ideal. cDICaS Distinct from Legislative Reapportionments
The resulting vote undervaluation (for voters in the disfavored It will not do to hoist the apportionment under the Ordinance
districts) and vote overvaluation (for voters in the First District) fails appended to the Constitution or Mariano v.
even the most liberal application of the constitutional standards. COMELEC 27 and Bagabuyo v. COMELEC 28 as normative
Votes in the proposed First District are overvalued by more than props to shore up the hollow proposition that reapportionment in
200% compared to votes from the Third, Fourth, and Fifth Districts provinces can dispense with the minimum population of 250,000
and by more than 60% compared to votes in the Second District. as prescribed in Section 5 of Article VI. In the first place, the
Conversely, votes from the Third, Fourth, and Fifth Districts Constitutional Commission, exercising constituent powers,
are undervalued by more than 200% compared to votes in the enjoyed absolute discretion to relax the standards it textualized in
First District while those in the Second District suffer more than Section 5, Article VI, in the interest of creating legislative
60% undervaluation. districts en masse cognizant of legitimate concerns. 29 Only the
Proportional representation in redistricting does not mean exact people, through the instrument of ratification, possessed the
numbers of population, to the last digit, for every legislative district. greater sovereign power to overrule the Constitutional
However, under the assailed RA 9716, the variances swing from Commission. By overwhelmingly ratifying the 1987 Constitution,
negative 47.9% to positive 29.6%. Under any redistricting the people in the exercise of their sovereign power sanctioned
yardstick, such variances are grossly anomalous and destructive the Constitutional Commission's discretionary judgments.
of the concept of proportional representation. In the United States, In contrast, Congress enacted RA 9716 in the exercise of
the Supreme Court there ruled that a variance of even less than its legislative powers under the 1987 Constitution and subject
1% is unconstitutional in the absence of proof of a good faith to the reapportionment standards in Section 5, Article VI of
effort to achieve a mathematically exact apportionment. 23 the Constitution. Congress is strictly bound by the
Significantly, petitioner Senator Aquino's attempt to redraw reapportionment standards in Section 5, unlike the Constitutional
districting lines to make all five proposed districts compliant with Commission which could create one-time exceptions subject to
the minimum population requirement (and thus lessen the wide ratification by the sovereign people. Until it enacted RA 9716,
variances in population among the districts) was thwarted chiefly Congress never deviated from the minimum population
requirement of 250,000 in creating a legislative district. Thus, The ruling of the majority today could sound the death knell for the
in Republic Act No. 7854 (RA 7854) which doubled the legislative principle of "one person, one vote" that insures equality in voting
districts in Makati City, the Court in Mariano v. COMELEC took power. All votes are equal, and there is no vote more equal than
note of the certification by the National Statistics Office that at the others. This equality in voting power is the essence of our
time of the enactment of RA 7854, the population of Makati City democracy. This Court is supposed to be the last bulwark of our
was 508,174, entitling it to two representatives. 30 Footnote 13 democracy. Sadly, here the Court, in ruling that there are some
in Mariano v. COMELEC states: "As per the certificate issued votes more equal than others, has failed in its primordial
by Administrator Tomas Africa of the National Census and constitutional duty to protect the essence of our
Statistics Office, the population of Makati as of 1994 stood at democracy. cHATSI
508,174; August 4, 1994, Senate Deliberations on House Bill Accordingly, I vote to GRANT the petition and to DECLARE
No. 12240 (converting Makati into a highly urbanized city) . . . UNCONSTITUTIONAL Republic Act No. 9716 for grossly
." violating the standards of proportional representation and
Similarly, in Republic Act No. 9371 (RA 9371) which also doubled minimum population in the creation of legislative districts as
the legislative districts in Cagayan de Oro City, the two districts prescribed in Section 5, Article VI of the 1987 Constitution.
created complied with the minimum population of 250,000 CARPIO MORALES, J., concurring and dissenting:
(254,644 and 299,322, respectively), as the Court noted I concur with the ponencia's discussion on the procedural issue.
in Bagabuyo v. COMELEC. 31 Contrary to the assertion of the "Transcendental importance" doctrine aside, petitioners have the
majority opinion, neither Mariano v. COMELEC nor Bagabuyo v. requisite locus standi. Petitioners are suing not only as lawmakers
COMELEC supports the claim that Congress can create a but as taxpayers and citizens as well. At the initiative of a taxpayer,
legislative district with a population of less than 250,000. On the a statute may be nullified, on the supposition that expenditure of
contrary, these cases confirm that every legislative district must public funds for the purpose of administering an unconstitutional
have a minimum population of 250,000. Only very recently, this act constitutes a misapplication of such funds. 1 Republic Act No.
Court in Aldaba v. COMELEC 32 struck down a law creating a 9716 (R.A. 9716) mandates the creation of another legislative
legislative district in the City of Malolos, which has a population district and indubitably involves the expenditure of public funds.
just short of the 250,000 minimum requirement. DHTCaI I DISSENT, however, on the ponencia's conclusion, on
RA 9716 Harbinger for Wave of Malapportionments the substantive issue, that a population of 250,000 is not an
More than 20 years after the 1987 Constitution took effect, indispensable constitutional requirement for the creation of a new
Congress has yet to comply with the Constitution's mandate that legislative district in a province.
"[w]ithin three years following the return of every census, the Contrary to the ponencia's assertion, petitioners do not merely rely
Congress shall make a reapportionment of legislative districts on Article VI, Section 5 (3) but also on Section 5 (1) of the same
based on the standards provided in this section." 33 Instead, Article. 2 Both provisions must be read together in light of the
Congress has contented itself with enacting piecemeal constitutional requirements of population and contiguity.
reapportionment laws for individual areas, either for this sole Section 5 (3) of Article VI disregards the 250,000 population
purpose 34 or ancillary to the conversion 35 or creation 36 of a requirement only with respect to existing provinces whose
local government unit, at the behest of legislators representing the population does not exceed 250,000 or to newly created provinces
area. As movements of district lines spell doom or salvation for under the Local Government Code (as long as the income and
entrenched political interests, this process subjects Congress to territory requirements are met).
intense pressure to keep off certain districts. The ponencia misinterprets Mariano v. Comelec. 3 The actual
Until RA 9716 came along, Congress was able to balance political population of the City of Makati during the Senate deliberations in
exigency with constitutional imperatives. RA 9716 marks a 1994 on House Bill (H.B.) No. 4264 that was to be enacted
tectonic shift by tilting the balance in favor of entrenched interests, into R.A. No. 7854 was 508,174. 4 That is why the Court
sacrificing the Constitution and ultimately, the ideals of in Mariano declared:
representative democracy, at the altar of political expediency. If Petitioners cannot insist that the addition of another legislative
left unchecked, laws like RA 9716 will fill the House of district in Makati is not in accord with Section 5(3), Article VI of
Representatives with two breeds of legislators, one, representing the Constitution for as of the latest survey (1990 census), the
districts two, four, ten times more populous than other favored population of Makati stands at only four hundred fifty thousand
districts, elected by voters holding "mickey mouse votes" and (450,000). Said section provides, inter alia, that a city with a
another, representing small, favored districts, elected by voters population of at least two hundred fifty thousand (250,000)
holding "premium votes" two, four, ten times more valuable than shall have at least one representative. Even granting that the
the votes in disfavored districts. population of Makati as of the 1990 census stood at four hundred
Our oath of office as Justices of this Court forbids us from fifty thousand (450,000), its legislative district may still be
legitimizing this constitutionally abhorrent scheme, a scheme increased since it has met the minimum population requirement of
that for the first time under the 1987 Constitution creates a two hundred fifty thousand (250,000). In fact, Section 3 of the
new politically privileged class of legislators in what is supposed to Ordinance appended to the Constitution provides that a city
be a "democratic and republican State." 37 To uphold RA 9716 is whose population has increased to more than two hundred fifty
to uphold the blatant violation of the constitutional standards thousand (250,000) shall be entitled to at least one
requiring proportional representation and a minimum population in congressional representative. 5 (emphasis in the
the creation of legislative districts. This will derail our one person, original) cIECaS
one vote representative democracy from the tracks clearly and Nothing in Mariano reflects that the Court disregarded the 250,000
precisely laid down in the 1987 Constitution. population requirement as it merely stated that Makati's legislative
And for what end to create a special class of legislative districts district may still be increased as long as the minimum population
represented by a new political elite exercising more legislative requirement is met. The permissive declaration at that time
power than their votes command? Such a grant of privileged presupposes that Makati must still meet the constitutional
political status is the modern day equivalent of a royalty or nobility requirements before it can have another congressional district.
title, which is banned under the 1987 Constitution. History will not The Local Government Code likewise is not in point since Section
be kind to those who embark on a grotesquely anomalous 461 thereof tackles the creation of a province and not the
constitutional revision that is repulsive to our ideals of a reapportioning of a legislative district based on increasing
"democratic and republican State." population. There is thus no point in asserting that population is
merely an alternative addition to the income requirement.
The ponencia likewise misinterprets Bagabuyo v. population of 90 million is to be the dividend, 8 then there would
Comelec. 6 Notably, the ponencia spliced that portion of the roughly be one legislative district representative for every 450,000.
decision in Bagabuyo which it cited to suit its argument. Thus Following the constitutional mandate, the population requirement
the ponencia quotes: cannot fall below 250,000. This is the average "uniform and
. . . Undeniably, these figures show a disparity in the population progressive ratio" that should prevail. Thus, using the present
sizes of the districts. The Constitution, however, does not population figure, the benchmark should be anywhere between
require mathematical exactitude or rigid equality as a 250,000-450,000 persons per district. Using anything less than
standard in gauging equality of representation. . . . To ensure 250,000 is illogical, for it would operate to allow more than 360
quality representation through commonality of interests and ease representatives of legislative districts alone on some capricious
of access by the representative to the constituents, all that basis other than the variable of population. CcTHaD
the Constitution requires is that every legislative district should A case in point is the congressional reapportionment done in the
comprise, as far as practicable, contiguous, compact and adjacent provinces of Sultan Kudarat and Zamboanga Sibugay effected
territory. (emphasis and underscoring in the original by through Republic Act No. 9357 9 and Republic Act No.
the ponente) 9360, 10 respectively. At the time of the congressional
It omitted that portion which specified the respective total deliberations and effectivity of these laws, the population count in
population of the two districts as above 250,000. Thus the full text these provinces more than met the basic standard. Sultan Kudarat
of the pertinent portion of the decision reads: already had a population of 522,187 during the 1995 census
The petitioner, unfortunately, did not provide information about the year, 11 while Zamboanga Sibugay met the population threshold
actual population of Cagayan de Oro City. However, we take in 2001 with an estimated 503,700 headcount. 12
judicial notice of the August 2007 census of the National Statistics The ponencia sweepingly declares that "population was explicitly
Office which shows that barangays comprising Cagayan de removed as a factor." 13 Far from it. Population remains the
Oro's first district have a total population of 254,644 while the controlling factor. From the discussions in the initial
second district has 299,322residents. Undeniably, these figures apportionment and districting of Puerto Princesa, Baguio, Cavite,
show a disparity in the population sizes of the districts. Laguna, Maguindanao and Cebu in 1986, it is clear that population
The Constitution, however, does not require mathematical and contiguity were the primary considerations, and the
exactitude or rigid equality as a standard in gauging equality of extraneous factors considered were circumspectly subsumed
representation. . . . (emphasis and underscoring supplied) thereto.
The two legislative districts of Cagayan de Oro subject The ponencia harps on petitioners' admission that Camarines Sur
of Bagabuyo met the minimum population requirement at the time is actually entitled to SIX legislative districts, given its population
of reappportionment. The ponencia's construal of the disparity in of 1,693,821, to justify its conclusion that there is nothing wrong in
population sizes of the districts involved in Bagabuyo clearly the creation of another legislative district in the province. This is a
differs from the disparity of population in the present wrong premise. It bears noting that petitioners raised the
case. CADSHI legislative entitlement to underscore the GRAVE ABUSE OF
The Record of the Constitutional Commission itself declares that DISCRETION committed in the enactment of R.A. 9716.
the 250,000 benchmark was used in apportioning the legislative R.A. 9716 created one legislative district by reconfiguring the first
districts in the country. The sponsorship speech of Commissioner and second districts. It did not, however, touch the third and fourth
Hilario Davide, Jr. 7 reflects so. districts which, when properly reapportioned, can easily form
. . . . Each legislative district shall comprise, as far as practicable, another district. No reasons were offered except Senator Joker
contiguous, compact and adjacent territory. EACH CITY OR Arroyo's during the Senate Plenary Debates on H.B. No.
EACH PROVINCE WITH A POPULATION OF AT LEAST 4264, viz.: "When it comes to their district, congressmen are kings.
250,000 SHALL HAVE AT LEAST ONE REPRESENTATIVE. We cannot touch them. He [referring to Rep. Villafuerte] does not
This is Section 5 of the Article on the Legislative. . . . The ordinance also want it [referring to the district of Rep. Villafuerte] touched . .
fixes at 200 the number of legislative seats which are, in turn, . even if they have a pregnant populace or inhabitants, he does
apportioned among the provinces and cities with a population not want it touched." 14
of at least 250,000 and the Metropolitan Manila area in The resulting population distribution in the present case
accordance with the number of their respective inhabitants on the violates the uniform and progressive ratio prescribed in
basis of a uniform and progressive ratio. The population is based the Constitution.
on the 1986 projection, with the 1980 official enumeration as Prior to the enactment of R.A. No. 9716, the tally of population
the point of reckoning. This projection indicates that our percentage per district in Camarines Sur based on its population
population is more or less 56 million. Taking into account the of 1,693,821 was as follows:
mandate that each city with at least 250,000 inhabitants and each District 1: 24.6%
province shall have at least one representative, we at first allotted District 2: 28.03%
one seat for each of the 73 provinces; and one each for all cities District 3: 21.99%
with a population of at least 250,000, which are the Cities of District 4: 25.33%
Manila, Quezon, Pasay, Caloocan, Cebu, Iloilo, Bacolod, Cagayan Compare now the population percentage per district after the
de Oro, Davao and Zamboanga. Thereafter, we then proceeded passage of R.A. 9716: TaDCEc
to increase whenever appropriate the number of seats for the District 1: 10.4%
provinces and cities in accordance with number of their District 2: 16.34%
inhabitants on the basis of a uniform and progressive ratio. . District 3: 25.9%
. . . (capitalization, emphasis, italics and underscoring supplied) District 4: 21.99% (former District 3)
The framers of the Constitution intended to apply the minimum District 5: 25.33% (former District 4)
population requirement of 250,000 to both cities and provinces in Remarkably, before R.A. No. 9716, the first district met the
the initial apportionment, in proportion to the country's total 250,000 minimum. After R.A. No. 9716, it suffered a very
population at that time (56 million). significant drop in its population from 416,680 to 176,157.
Yet the ponencia asserts that the 250,000 benchmark was used The extraneous factors 15 cited by the ponencia do not suffice to
only for the purpose of the 1986 initial apportionment of the justify the redistricting, particularly the inclusion of the municipality
legislative districts, and now disregards the benchmark's of Libmanan in the second district. Linguistic difference is a weak
application in the present petition. It is eerily silent, however, on basis to segregate the municipalities in the redistricting. To
what the present population yardstick is. If the present estimated sanction that as basis would see a wholesale redistricting of the
entire country, given the hundreds of dialects being spoken.
Imagine Binondo being segregated from the Tagalog-speaking
district of Tondo or Sta. Cruz in Manila on the ground that Fookien
is largely spoken in Binondo.
The former first district supposedly occupied 40% of the total land
area of Camarines Sur. But the former fourth district (which is now
the fifth) comprises the same percentage of land area, if not
bigger. If land area was a factor, then the former fourth district
should have been re-districted also since it is endowed with a big
area like the former first district.
The municipality of Libmanan is supposedly isolated by a body of
water from the first district. But so is the municipality of Cabusao
which is situated northeast of Libmanan and which is bordered by
the same body of water. Yet Cabusao is part of the new first
district. Considering the similar geographical location of the two
municipalities, there is no compelling reason to segregate
Libmanan from the first district and tack it to the newly created
second district.
The seminal case of Reynolds v. Sims 16 had already ruled that
these factors cannot be permissively considered in legislative
reapportionment.
. . . Population is, of necessity, the starting point for consideration
and the controlling criterion for judgment in legislative
apportionment controversies. . . . [We] hold that, as a basic
constitutional standard, [equal protection] requires that the seats
in both houses of a bicameral state legislature must be
apportioned on a population basis. Simply stated, an individual's
right to vote for state legislators is unconstitutionally impaired
when its weight is in a substantial fashion diluted when compared
with votes of citizens living in other parts of the [State]. CaHcET
xxx xxx xxx
[Equal protection] requires that a State make an honest and good
faith effort to construct districts, in both houses of its legislature,
as nearly of equal population as is practicable. We realize that it is
a practical impossibility to arrange legislative districts so that each
one has an identical number of residents, citizens, or voters.
Mathematical exactness or precision is hardly a workable
constitutional requirement. So long as the divergences from a
strict population principle are constitutionally permissible,
but neither history alone, nor economic or other sorts of
group interests, are permissible factors in attempting to
justify disparities from population-based representation.
Citizens, not history or economic interests, cast
votes. Considerations of area alone provide an insufficient
justification for deviations from the equal-population
principle. Again, people, not land or trees or pastures, vote. . . .
(emphasis and underscoring supplied)
Undoubtedly, Camarines Sur's malapportionment largely partakes
of gerrymandering. 17
A final word. By pronouncing that "other factors," aside from
population, should be considered in the composition of additional
districts, thereby adding other requisites despite the Constitution's
clear limitation to population and contiguity,
the ponencia effectively opens the floodgates to opportunistic
lawmakers to reconfigure their own principalia and bantam
districts. Leaving open Section 5 of Article VI to arbitrary factors,
such as economic, political, socio-cultural, racial and even
religious ones, is an invitation to a free-for-all.
In light of the foregoing, I vote to GRANT the petition
and DECLARE UNCONSTITUTIONAL Republic Act No. 9716.
||| (Aquino III v. Commission on Elections, G.R. No. 189793, [April
7, 2010], 631 PHIL 595-652)