Sema V Comelec - Case Digest 4c2k1y

Sema v. COMELEC July 16, 2008 | Carpio, J. Session 13: Commission on Appointment & Other Powers - General Plenary Powers Doctrine: Creation of any of the four local government units (province, city, municipality or barangay) must comply with three conditions: (1) creation of a local government unit must follow the criteria fixed in the Local Government Code; (2) such creation must not conflict with any provision of the Constitution; and (3) there must be a plebiscite in the political units affected. Case Summary: The ARMM’s legislature, the ARMM Regional Assembly, exercising its power to create provinces under Sec. 19, Art. VI of RA 9054, enacted Muslim Mindanao Autonomy Act No. 201 (MMA Act 201) creating Province of Shariff Kabunsuan (composed of 8 municipalities in the first district of Maguindanao). Later, 3 new municipalities were carved out of original 9 municipalities constituting Shariff Kabunsuan, bringing its total number of municipalities to 11. Thus, what was left of Maguindanao were the municipalities constituting its 2nd legislative district. Cotabato City, although part of Maguindanao’s first legislative district, is not part of the Province of Maguindanao. On 6 Feb 2007, Sangguniang Panlungsod of Cotabato City ed Resolution No. 3999 requesting COMELEC to “clarify the status of Cotabato City in view of the conversion of the First District of Maguindanao into a regular province” under MMA Act 201. Resolution No. 07-0407, resolved to maintain status quo with Cotabato City as part of Shariff Kabunsuan in the First Legislative District of Maguindanao while enactment of appropriate law by Congress is pending. On 10 May 2007, COMELEC issued Resolution No. 7902, which renamed legislative district in question as “Shariff Kabunsuan Province with Cotabato City (formerly First District of Maguindanao with Cotabato City).” Facts: A. Facts Leading to the Petition – 1. Ordinance appended to 1987 Constitution apportioned 2 legislative districts for the Province of Maguindanao. The first legislative district consists of Cotabato City and 8 municipalities. 2. Maguindanao forms part of the Autonomous Region in Muslim Mindanao (ARMM), created under its Organic Act, R.A. 6734 (mended by R.A. 9054). Although under the Ordinance, Cotabato City forms part of Maguindanao's first legislative district, it is not part of ARMM but of Region XII, having voted against its inclusion in the ARMM in plebiscite (Nov 1989). On Aug 2006, ARMM's legislature (ARMM Regional Assembly), exercising its power to create provinces under Section 19, Article VI of R.A. 9054, enacted Muslim Mindanao Autonomy Act No. 201 (MMA Act 201) creating the Province of Shariff Kabunsuan composed of the eight municipalities in the
3. 3 new municipalities were carved out of the original 9 municipalities constituting Shariff Kabunsuan, bringing its total number of municipalities to 11. What was left of Maguindanao were municipalities constituting its 2nd legislative district. Cotabato City, although part of Maguindanao's 1st legislative district, is not part of Maguindanao. 4. The voters of Maguindanao ratified Shariff Kabunsuan's creation in a plebiscite held on 29 Oct 2006. 5. Sangguniang Panlungsod of Cotabato City (Resolution No. 3999; Feb 2007): Requested COMELEC to "clarify the status of Cotabato City inview of the conversion of the First District of Maguindanao into a regular province" under MMA Act 201. 6. COMELEC’s Reply and Subsequent Resolutions: a) Reply to Sangguniang Panlungsod of Cotabato - Reso No. 07-0407 (Mar 2007): Maintained status quo with Cotabato City as part of Shariff Kabunsuan in the First Legislative District of Maguindanao. b) In Preparation for May 2007 elections - Reso No. 7845 (Mar 2007): Stated that Maguindanao's first legislative district is composed only of Cotabato City because of MMA Act 2018. c) Amendment of Reso No. 07-0407 - Reso No. 7902 (May 2007) Renamed legislative district in question as "Shariff Kabunsuan Province with Cotabato City (formerly First District of Maguindanao with Cotabato City)."

7. Comments on the issue of whether a province created by the ARMM Regional Assembly under Sec 19, Art VI of R.A. 9054 is entitled to one representative in the House of Representatives without need of a national law creating a legislative district for such new province:  Petitioner (Sema) – Yes (a) the Court in Felwa v. Salas stated that "when a province is created by statute, the corresponding representative district comes into existence neither by authority of that statute — which cannot provide otherwise — nor by apportionment, but by operation of the Constitution, without a reapportionment;" (b) Section 462 of Republic Act No. 7160 (R.A. 7160) "affirms" the apportionment of a legislative district incident to the creation of a province; and (c) Section 5 (3), Article VI of the Constitution and Section 3 of the Ordinance appended to the Constitution mandate the apportionment of a legislative district in newly created provinces.

 Public Respondent (COMELEC; represented by OSG) Abandoned its earlier stance on the propriety of issuing Resolution Nos. 07-0407 and 7902 and ed causes with Sema, contending that Section 5 (3), Article VI of the Constitution is "selfexecuting". Thus, every new province created by the ARMM Regional Assembly is ipso facto entitled to one representative in the House of Representatives even in the absence of a national law;

 Private Respondent (Dilangalen; Political Rival of Sema) – No (a) the "province" contemplated in Section 5 (3), Article VI of the Constitution is one that is created by an act of Congress taking into the provisions in R.A. 7160 on the creation of provinces; (b) Sec 3, Art. IV of R.A. 9054 withheld from ARMM Regional Assembly the power to enact measures relating to national elections, which encomes the apportionment of legislative districts for of the House of Representatives; (c) recognizing a legislative district in every province the ARMM Regional Assembly creates will lead to disproportionate representation of ARMM in the House of Representatives as the Regional Assembly can create provinces without regard to the requirements in Section 461 of R.A. 7160; (d) Cotabato City, which has a population of less than 250,000, is not entitled to a representative in the House of Representatives.

B. Purpose of Petition Consolidated petitions sought to annul Resolution No. 7902 (10 May 2007) of COMELEC treating Cotabato City as part of the legislative district of the Province of Shariff Kabunsuan. Issue: WON creation of the province of Shariff Kabunsuan by the ARMM Regional Assembly by virtue of Section 19, Article VI of RA 9054 is constitutional - NO. Ruling:  Whether the ARMM Regional Assembly Can Create the Province of Shariff Kabunsuan 1. The creation of local government units is governed by Section 10, Article X of the Constitution, which provides: Sec. 10. No province, city, municipality, or barangay may be created, divided, merged, abolished or its boundary substantially altered except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.

Thus, the creation of any of the four local government units — province, city, municipality or barangay — must comply with three conditions. First, the creation of a local government unit must follow the criteria fixed in the Local Government Code. Second, such creation must not conflict with any provision of the Constitution. Third, there must be a plebiscite in the political units affected. There is neither an express prohibition nor an express grant of authority in the Constitution for Congress to delegate to regional or local legislative bodies the power to create local government units. However, under its plenary legislative powers, Congress can delegate to local legislative bodies the power to create local government units, subject to reasonable standards and provided no conflict arises with any provision of the Constitution. In fact, Congress has delegated to provincial boards, and city and municipal councils, the power to create barangays within their jurisdiction, subject to compliance with the criteria established in the Local Government Code, and the plebiscite requirement in Section 10, Article X of the Constitution. However, under the Local Government Code, "only . . . an Act of Congress" can create provinces, cities or municipalities.” 2. Under Sec 19, Art VI of R.A. 9054, Congress delegated to the ARMM Regional Assembly the power to create provinces, cities, municipalities and barangays within the ARMM. Congress made the delegation under its plenary legislative powers because the power to create local government units is not one of the express legislative powers granted by the Constitution to regional legislative bodies. In the present case, the question arises whether the delegation to

the ARMM Regional Assembly of the power to create provinces, cities, municipalities and barangays conflicts with any provision of the Constitution. There is no provision in the Constitution that conflicts with the delegation to regional legislative bodies of the power to create municipalities and barangays, provided Section 10, Article X of the Constitution is followed. However, the creation of provinces and cities is another matter. Section 5 (3), Article VI of the Constitution provides, "Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative" in the House of Representatives. Similarly, Section 3 of the Ordinance appended to the Constitution provides, "Any province that may hereafter be created, or any city whose population may hereafter increase to more than two hundred fifty thousand shall be entitled in the immediately following election to at least one Member . . . “ Thus, the power to create a province, or a city with a population of 250,000 or more, requires also the power to create a legislative district. The threshold issue then is, can Congress validly delegate to the ARMM Regional Assembly the power to create legislative districts for the House of Representatives? The answer is in the negative. ** **Legislative Districts are Created or Reapportioned Only by an Act of Congress Under the present Constitution, as well as in past 28 Constitutions, the power to increase the allowable hip in the House of Representatives, and to reapportion legislative districts, is vested exclusively in Congress. Section 5, Article VI of the Constitution provides: SECTION 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty , unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of ed national, regional, and sectoral parties or organizations. xxx xxx xxx (3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative. (4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on

the standards provided in this section.

The power to reapportion legislative districts necessarily includes the power to create legislative districts out of existing ones. Congress exercises these powers through a law that Congress itself enacts, and not through a law that regional or local legislative bodies enact. The allowable hip of the House of Representatives can be increased, and new legislative districts of Congress can be created, only through a national law ed by Congress.  To allow the ARMM Regional Assembly to create a national office is to allow its legislative powers to operate outside the ARMM's territorial jurisdiction. This violates Section 20, Article X of the Constitution which expressly limits the coverageof the Regional Assembly's legislative powers "[w]ithin its territorial jurisdiction . . . ." The ARMM Regional Assembly itself, in creating Shariff Kabunsuan, recognized the exclusive nature of Congress' power to create or reapportion legislative districts by abstaining from creating a legislative district for Shariff Kabunsuan. Section 5 of MMA Act 201 provides that: “Except as may be provided by national law, the existing legislative district, which includes Cotabato City as a part thereof, shall remain.”

However, a province cannot legally be created without a legislative district because the Constitution mandates that "each province shall have at least one representative." Thus, the creation of the Province of Shariff Kabunsuan without a legislative district is unconstitutional. Disposition: Court declared: 1. Sec. 19, Art. VI of R.A. No. 9054 UNCONSTITUTIONAL – insofar as it grants to the Regional Assembly of the Autonomous Region in Muslim Mindanao the power to create provinces and cities. 2. Muslim Mindanao Autonomy Act No. 201 creating the Province of Shariff Kabunsuan as VOID. 3. COMELEC Resolution No. 7902 is VALID.