BAI SANDRA S. A. SEMA, Petitioner, vs. COMMISSION ON ELECTION S and DIDAGEN P. DILANGALEN, Respondent FACTS ISSUE
The Ordinance appended to the 1987 Constitution apportioned two legislative districts for the Province of Maguindanao. The rst legislative district consists of Cotabato Cit and eight !unicipalities." Maguindanao for!s part of the #$MM% created under its Organic #ct% $#. &7"' % as a!ended $# 9()' .'#lthough under the Ordinance% Cotabato Cit for!s part of Maguindanao*s rst legislative district% it is not part of the #$MM but of $egion +,,% having voted against its inclusion in the #$MM in the plebiscite held in -ove!ber 1989. 8 #ugust ((& #$MM $egional #sse!bl% e/ercising its power to create provinces under 0ection 19% #rticle , of $# 9()'% enacted MM# #ct (1 creating the Province Province of 0hari2 3abunsuan co!posed of the eight !unicipalities in the rst district of Maguindanao. 0angguniang Panlungsod of Cotabato Cit passed $esolution -o. "999 re4uesting the COM565C to clarif the status of Cotabato Cit in view of the conversion of the irst istrict of Maguindanao into a regular province under MM# #ct (1.
1. WON province created by the AR Re!iona" A##e$b"y %nder A Act &'1 p%r#%ant to Section 1() Artic"e *I o+ RA (',- i# entit"ed to one repre#entative in the o%#e o+ Repre#entative# /itho%t need o+ a nationa" "a/ creatin! a "e!i#"ative di#trict +or #%ch province i# va"id0
RULLING
1. NO The po/er to increa#e thena""o/ab"e $e$ber#hip in the o%#e o+ Repre#entative#) and to reapportion "e!i#"ative di#trict#) i# ve#ted ec"%#ive"y in Con!re##. Section ,) Artic"e *I o+ the Con#tit%tion provide# provide# : 05CT,O- ). ;1< The =ouse o f $epresentatives shall be co!posed of not !ore than two hundred and ft !e!bers% unless otherwise /ed b law% who shall be elected fro! legislative districts apportioned a!ong the provinces% cities% and the Metropolitan Manila area in accordance with the nu!ber of their respective inhabitants% and on the basis of a unifor! and progressive ratio% and those who% as provided b law% shall be elected through a part>list sste! of registered national% regional% and sectoral parties or organi?ations. 0ection ) ;1<% #rticle , of the C onstitution vests in Congress the power to increase% through a law% the a llowable !e!bership in the =ouse of $epresentatives. 0ection ) ;'< e!powers Congress to reapportion legislative districts. The power to reapportion legislative districts necessaril includes the power to create legislative districts out of e/isting ones. Congress e/ercises these powers through a law that Congress itself enacts% and not through a law that regional or local legislative bodies enact. The allowable !e!bership of the =ouse of $epresentatives $epresentatives can be increased% and new legislative districts of C ongress can be created% onl through a national law passed b Congress. Congress has the e/clusive power to create or reapportion
,n answer the COM565C issued $esolution -o. (7>('(7 on & March ((7 !aintaining the status 4uo with Cotabato Cit as part of 0hari2 3abunsuan in the irst 6egislative istrict of Maguindanao. $esolution -o. (7> ('(7 On 1( Ma ((7% the COM565C issued $esolution -o. 79(% sub@ect of these petitions% a!ending $esolution -o. (7>('(7 b rena!ing the legislative district in 4uestion as 0hari2 3abunsuan Province with Cotabato Cit ;for!erl irst istrict of Maguindanao with CotabatoCit< Petitioner praed for the nullication of COM565C $esolution -o. 79( and the e/clusion fro! canvassing of the votes cast in Cotabato Cit for that oAce. 0e!a contended that 0hari2 3abunsuan is entitled to one representative in Congress under 0ection ) ;"<% #rticle , of the Constitution1( and 0ection " of the Ordinance appended to the Constitution. Thus% 0e!a asserted that the COM565C acted without or in e/cess of its @urisdiction in issuing $esolution -o. 79( which !aintained the status 4uo in Maguindanao*s rst legislative district despite the COM565C*s earlier directive in $esolution -o. 78') designating Cotabato Cit as the lone co!ponent of Maguindanao*s reapportioned rst legislative
legislative districts is logical. Congress is a national legislature and an increase in its allowable !e!bership or in its incu!bent !e!bership through the creation of legislative districts !ust be e!bodied in a national law. Onl Congress can enact such a law. ,t would be ano!alous for regional or local legislative bodies to create or reapportion legislative districts for a national legislature liBe Congress. #n inferior legislative bod% created b a superior legislative bod% cannot change the !e!bership of the superior legislative bod. bod. The creation of the #$MM% and the grant of legislative powers to its $egional #sse!bl under its organic act% did not divest Co ngress of its e/clusive authorit to create legislative districts. The oAce of a legislative district representative to Congress Congress is a nationa" o2ce% and its occupant% a Me!ber of the =ouse of $epresentatives% $epresentatives% is a nationa" o2cia". ,t would be incongruous for a regional legislative bod liBe the #$MM $egional #sse!bl to create a national oAce when its legislative powers e/tend onl to its regional territor. territor. The o Ace of a district representative is !aintained b national funds and the salar of its occupant is paid out of national funds. ,t is a self>evident inherent li!itation on the legislative powers of ever local or regional legislative bod that it can onl create local or regional oAces% respectivel% and it can never create a national oAce. To To allow the #$MM $egional #sse!bl to create a national oAce is to allow its legislative powers to operate outside the #$MM*s territorial @urisdiction. This violates 0ection (% #rticle + of the Constitution which e/pressl li!its the coverage of the $egional #sse!bl*s legislative powers wDithin its territorial @urisdiction Ee rule that 0ection 19% #rticle , of $# 9()'% insofar as it grants
district. 0e!a further clai!ed that in issuing $esolution -o. 79(% the COM565C usurped Congress* power to create or reapportion legislative districts.
to the #$MM $egional #sse!bl the power to create provinces and cities% is void for being contrar to 0ection ) of #rticle , and 0ection ( of #rticle + of the Constitution% as well as 0ection " of the Ordinance appended to the Constitution. Onl Congress can create provinces and cities because the creation of provinces and cities necessaril includes the creation of legislative districts% a power onl Congress can e/ercise under 0ection )% #rticle , of the Constitution and 0ection " of the Ordinance appended to the Constitution. The #$MM $egional #sse!bl cannot create a province without a legislative district because the Constitution !andates that ever province shall have a legislative district. Moreover% the #$MM $egional #sse!bl cannot enact a law creating a na tional oAce liBe the oAce of a district representative of Congress because the legislative powers of the #$MM $egional #sse!bl operate onl within its territorial @urisdiction as provided in 0ection (% #rticle + of the Constitution. Th%#) /e r%"e that A Act &'1) enacted by the AR Re!iona" A##e$b"y and creatin! the 3rovince o+ Shari4 5ab%n#%an) i# void.
