TOBIAS v.

ABALOS (1994) FACTS: Petitioners (taxpayers & residents) assails the constitutionality of RA 7675 o Converted Mun of Mandaluyong to a Highly Urbanized City o Previously, Muns of Manda and San Juan belonged to one leg district Plebiscite held. o People of Manda asked WON they approve of the conversion o Turnout 14.41% of voting pop Yes (18,621); No (7,911)ratified Petitioner contends that RA 7675 (Art. VIII, Sec. 49) is unconstl ISSUES: 1. WON RA 7675 violates one subj-one bill rule (Art. VI, Sec. 26(i)) 2. WON RA 7675 violates Art. VI, Sec. 5 (1) limit in increase in composition of HR 3. WON RA 7675 violates Art. VI, Sec. 5 (4) reapportionment of leg districts DECISION: Petition DISMISSED. HELD: 1. NO Petitioner: o RA 7675 contains 2 principal subjs Conversion of Manda Division of leg district of San Juan/Manda o 2nd subj not germane to the subj matter of RA 7675 Court: o The creation of a separate congressional district for Manda is not a subj separate and distinct from the subj of its conversion; BUT is a natural and logical consequence of its conversion. o Liberal construction of the one title rule Sumulong v. COMELECgiven practical rather than technical construction Lidasan v. COMELECsuffices if title should serve the purpose of constitutional demand 2 and 3. NO Petitioner: o No mention of any census to show that Manda and San Juan had each attained the minimum reqt of 250,000 inhabitants to warrant division o Violation of the limit of membership in the HR o Preempts the right of Congress to reapportion districts Court: o RA enjoys the presumption of having passed through the regular congressional processes, including due consideration by the members of Congress of the minimum reqts It is not required that all laws must contains all relevant data considered by Congress in their enactment. o The present limit of 250 members is not absolute.

ConstiHR not composed or more than 250 mems, UNLESS OTW PROVIDED BY LAW. Composition of Congress may be increased, if Congress mandated; therefore not unconstitutional o It was Congress itself which drafted, deliberated and enacted the law. Congress cannot preempt itself on a right which pertains to itself. Addtl arguments: Petitioners: People of San Juan should participate in the plebiscite as it involved change in their district o Court: Bereft of merit since principal subj involved conversion of Manda. They had nothing to do with change of status Petitioner: Law resulted in gerrymandering o Court: Rep Zamora, author of law, is the incumbent rep of the former Manda, San Juan district. By dividing, his constituency diminished; hence law does not favor him.

CITY OF PASIG v. COMELEC (1999) FACTS: Upon petition of residents of Karangalan Village that they be segregated its mother Brgys Manggahan and Dela Paz in Pasig, and to be converted and separated into a distinct brgy, City Council passed Ordinance 21. o Plebiscite was set. City of Pasig issued Ordinance 52 creating Brgy Napico. o Plebiscite held. Mun of Cainta moved to suspend or cancel the plebiscites with COMELEC. In both petitions Cainta called to attention of COMELEC to a pending case beore RTC of Antipolo for settlement of boundary dispute. Proposed brgys involve areas included in the dispute subj of the case; hence plebiscites should be suspended. o UND 96-016COMELEC held that plebiscite for brgy Karangalan be held in abeyance until dispute is settled o UND 97-002Petition moot since plebiscite for brgy Napico was already held. ISSUE: WON the plebiscites should be suspended or cancelled in view of the pending boundary dispute DECISION: Plebiscite for Karangalan HELD in ABEYANCE. Plebiscite for Napico ANNULLED. HELD: PreliminaryBoundary dispute presents a prejudicial ques which must first be decided Petitioner: o No prejudicial ques since the same contemplates a civil and crim action (cases at hand are both civil cases) o Areas covered by the proposed brgys are within its territory o Petition moot since plebiscite in Napico was already conducted Court:
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o o

While arg of petitioner is the general rule, Vidad v. RTC provides for an exception: In the interest of good order, we can very well suspend action pending final determination of another case closely interrelated or linked to the first. Portions of the same area are included in the boundary dispute Requisite for creation of brgy territorial jurisdiction to be properly identified by metes and bounds or by more or less permanent natural boundaries. Precisely because territorial jurisdiction is an issue raised in the pending dispute, until and unless such issue is resolved, the definition of territory of the new brgys would only be an exercise in futility. Will pave the way for potential ultra vires acts of such brgys Considering the expenses entailed in the holding of plebiscites, it is prudent to hold the same in abeyance. Fact that plebiscite was already conducted did not render petition moot and academic. Issue of territory still pending Tan v. COMELECContinuation of the existence of the newly proclaimed province which allegedly are illegally born, must be inquired into so that, if indeed illegality attached to its creation, the commission of that error should not provide the very excuse for perpetration of such wrong.

of existing boundary disputes or cases involving questions of territorial jurisdiction between the City of Makati and the adjoining LGUs. Court: o o The boundaries must be clear for they define the limits of the territorial jurisdiction of the LGU. Beyond this limits, its acts are ultra vires. Petitioners have not demonstrated how delineation will cause confusion as to boundaries. Delineation did not change territory of Mun of Makati Deliberations of Congress reveal reason why territory not defined by metes and bounds. Existence of territorial dispute between Muns of Makati and Taguig over Fort Bonifaciorespect to a coequal dept Existence of dispute does not per se present an insurmountable difficulty which will prevent Congress from defining with reasonable certitude the territorial jurisdiction of a LGU.

MARIANO, JR. v. COMELEC (1995) FACTS: 2 petitions assailing provision of RA 7854 (converting Mun of Makati into a Highly Urbanized City) as unconstitutional. o GR 118577petition for prohibition and declaratory relief. Petitioners (as taxpayers) assail as unconstl Sec. 2, 51 and 52 o GR 118627filed by Osmea (as senator, taxpayer and citizen) to declare Sec. 52 as unconstl ISSUE: WON provisions of RA 7854 are unconstl DECISION: Petitions DISMISSED. HELD: Sec. 2, Art. I Petitioners (GR 118577): Sec. 2, Art o Delineation violates Sec. 7 and 450 LGC which require that area of a LGU should be made by metes and bounds with technical descriptions. Sec. 2, Art. I, RA 7854 comprise the present territory of the Mun of Makati w/o prejudice to the resolution by the appropriate agency or forum

Sec. 51, Art. X Petitioner: o Sec collides with Sec. 8, Art. X and Sec. 7, Art. VI ConstiBy providing that the new city shall acquire a new corporate existence. Sec. 51, RA 7854 restarts the term of the present municipal elective officials of Makati. Act favors Mayor Binay who has served for 2 terms already. Sec. 51, Art. X: The new city will acquire a new corporate existence. Sec. 8, Art. X: No such official shall serve for more than 3 consecutive terms. Sec. 7, Art. VI: No mem of the HR shall serve for more than 3 consecutive terms. Court: o Issue not justiciable. Petitioners merely pose a hypothetical issue which has yet to ripen to an actual case. Petitioners who are residents of Taguig are not proper parties. Sec. 52, Art. X Petitioner: o Addition of another legislative district in Makati is unconstl for (1) reapportionment cannot made by special law; and (2) addition of a legislative district is not expressed in the title of the bill; and (3) Makatis population as per the 1990 census, stands at only 450,000. Sec. 52, Art. X- Makati City shall have at least 2 leg districts Court: o Tobias v. Abalos applies o (1) The consti clearly provides that Congress shall be composed of not more than 250 mems, unless otw fixed by law. The consti did not preclude Congress from increasing its membership by
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passing a law, other than a general reapportionment law. To hold that reapportionment can only be made through a general apportionment law would create an inequitable situation where a new city of province created by Congress will be denied legislative representation for an indeterminate period of time. (2) Tobias- liberal construction of the one title rule. It should be sufficient compliance if the title expresses the general subj and all the provisions are germane to such general subj. (3) Its legislative district may still be increased since it has met the minimum population reqt of 250,000.

MIRANDA v. AGUIRRE (1999) FACTS: RA 7720 which converted the municipality of Santiago, Isabela into an independent component city was signed into law. RA 8528 was enacted and it amended RA No. 7720 that practically downgraded the City of Santiago from an independent component city to a merely component city. RA No. 7720 was approved by the people of Santiago in a plebiscite. Petitioners filed petition for a writ of prohibition with prayer for preliminary injunction assailing the constitutionality of Republic Act No. 8528, converting the City of Santiago, Isabela from an independent component city to merely a component city. o Petitioners are Miranda (mayor of Santiago), Afiado (Pres of the Liga ng mga Brgy ng Santiago). Dirige, Cabuyadao and Babaran are residents of Santiago. o Respondents are provincial officials of Isabela ISSUE: 1. Procedural a. WON the petitioners have locus standi b. WON the petition raises a political question 2. WON RA 8528 is constitutional DECISION: HELD: 1. YES, NO PROCEDURAL Respondent: o Petitioners have no locus standi o Petition raises a political question Court: o Challenge to locus standi cannot succeed Mayor filed petition in his own rightdecision will affect his powers as mayor As to other petitioners: as residents and voters in the city, they have the right to be heard in the conversion through a plebiscite o Not a political question WON the laws passed by Congress comply with the requirements of the Consti pose questions that the Court alone can decide 2. NO

Petitioners: o RA 8528 is unconstitutionallack of provision submitting the law for ratification by the People in a proper plebiscite. o RA 8528 merely reclassified Santiago City from an independent component city to a component city. Did not involve any creation, division, merger, abolition, or substantial alteration of boundaries of LGUs, hence, no plebiscite required. Respondent: o RA 8528 constitutional Court: o Constitution requires a plebiscite (Sec. 10, Art. X, 1987 Consti; and Sec. 10, Chap. 2, LGC) o The power to create/divide/merge/abolish boundaries of LGUs belongs to Congress. Resolution of issue depends on WON the downgrading falls within the meaning of creation, merger o The creation, division, merger, abolition or substantial alteration of boundaries involve a common denominatormaterial change in the political and economic rights of the LGUs as well as the people therein (rationale of plebiscite requirement). o The changes are many and not insubstantial. Independence of city will be diminishedcity mayor placed under supervision of governor Resolutions and ordinances of city council to be reviewed by provincial board Taxes will be shared with the province o The rules cover all conversions, whether upward or downward, so long as they result in material change in the LGU. o Reply to the dissenting opinions Buena: Congress has the power to amend the charter of Santiago Court: Power of amendment limited by Sec. 10, Art. X, Consti (plebiscite reqt if it will result in material changes) Merely caused transition in the status Court: They may call downgrading as mere transition but the fact remains that it will radically change its physical and political configuration as well as the rights and responsibilities of the people. Mendoza: Only if the classification involves changes in income, population and land area is there a need for a plebiscite. Court: Such interpretation against letter and spirit of Sec. 10, Art. X, Consti These facts are imposed to assure the economic viability of the LGU
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concerned and not to determine the necessity for a plebiscite. o Income, pop, and areeconomic purpose o Plebiscite- political purposepeoples voice as check against gerrymandering Sen. Pimentel opines that the plebiscite is absolute and mandatory. Former cities downgraded without plebiscite Court: Said 2 cities were not independent component citiesonly chartered

MENDOZA, J., DISSENTING Not every change is material and far-reaching to require plebiscite. o Only if the classification involves changes in income, population and land area is there a need for a plebiscite. The conversion involves no such changes in income, population or land area. o There may be changes in the voting rights, supervision and share in taxes, but they do not amount to creation, merger, abolition or substantial alteration of boundary. o No difference between independent component and ordinary component except right to vote for provincial officials. It is not the first time that an independent component city is converted into a component city without a plebiscite. o Oroquieta and San Carlos City

SAMSON v. AGUIRRE (1999) FACTS: Pres. Ramos signed into law RA 8535 creating City of Nova out of 15 QC brgys. Samson, incumbent councilor of 1st district of QC, challenges the constitutionality of RA 8535. o To enjoin Exec Sec from ordering its implementation COMELEC from conducting plebiscite DBM from disbursing funds for plebiscite o Issuance of TRO ISSUE: WON RA 8535 is unconstitutional DECISION: Petition DISMISSED. HELD: Petitioner: o RA 8535 failed to conform to criteria established by LGC as to requirements of income, pop, land area, seat of govt; and no adverse effect to QC Certifications as to income, pop, and area were not presented to Congress during deliberations.

Note: Silent on the hearings by HR committee No certification attesting that QC will not be adversely affected as to income, pop and area. o Law amends to Consti Respondents: o Petitioner failed to substantiate allegations with convincing proof. Oral manifestations by officials presented o Petition devoid of pertinent doc supporting claim that RA is unconstl Court: o Victoriano v. Elizalde: Every statute is presumed valid. Burden on the petitioner. o The bill originated in the HR. Petitioner did not present any proof, but only allegations. Presumption stands. o Present during the public hearings held by the Senate Committee were resource persons from diff govt offices like NSO, Bureau of LocGov Finance, Land Management Bureau, and DBM aside from QC officials. Income(BLGF) P26,952,128.26 (reqt is 20M) Population- (NSO) 347,310 (reqt is 150K) Area- no need to consider since already complied with 2 reqts o Official statements serve the same purpose contemplated by law requiring certificates. Affirmation and oath as witnesses in open session greater solemnity than certification. Petitioner failed to show that, aside from oral decs during public hearings, the reps present did not also submit written certs. o Indeed the RA does not provide for a seat of govt. However, the omission is not fatal. Under Sec. 12, LGC the city can still establish a seat of govt after its creation. o Petitioner failed to present evidence of adverse effect to QC. Mayor Mathay present during Senate delibs. The fact that he did not raise any issue is indicative of non-existence of such negative issue. That QC Council was not furnished a copy of the petition of concerned brgys calling for the creation of City of Nova, will not render RA invalid. QC officials aware of the petition. Matter publicized. o RA will not result in the prohibited amendment of the Consti. Ordinance appended to the Consti merely apportions the seats of the HR to the different leg districts in the country. Nowhere does it provide that Metro Manila shall be forever composed of only 17 cities and municipalities.

SARANGGANI v. COMELEC (2000) FACTS: Petition for annulment of several precincts and annulment of book voters in Madalum, Lanao Sur filed with COMELEC. o Among the precincts was Padian Torogan COMELEC issued an Order referring that case to its Law Dept. Conducted ocular inspection. Result was that Padian Torogan and Rakutan were uninhabited. COMELEC issued assailed Order finding Padian Torogan as ghost precinct. Sultan Saranggani and others, as former and incumbent officials of Madalum, filed the instant petition for certiorari and mandamus to nullify Order for having issued with GAD. ISSUE: WON COMELEC committed GAD in declaring Padian Torogan as ghost precinct. DECISION: Petition DISMISSED. Order UPHELD. HELD: Preliminary- Padian Torogon is a brgy and it was erroneous for the COMELEC to consider it as a ghost precinct. Petitioner: o Precinct 27A in Padian was the one declared as a ghost precinct although Order stated that it was Padian which was declared as such. Court: o Issue WON a precinct exists is a factual issue. Factual findings of COMELEC are conclusive on the Court. o COMELEC has exerted efforts to investigate the facts and verified that there were no public or private building in the said place. It is not impossible for a certain brgy not to actually have inhabitants considering that people migrate. o A brgy may official exist on record and the fact that nobody resides therein does not result in its automatic cessation as an LGU. Under the LGC, the abolution of a LGU may be done by Congress or in the case of a brgy., by the SPanlalawigan or SPanglungsod subj to the reqt of plebiscite. o The assailed Order having been issued pursuant to COMELECs administrative powers and in the absence of any finding of GAD in declaring a precinct as non-existent, said Order shall stand. Suffrage is conferred by the Consti only on citizens who are qualified to vote and are not otw disqualified by law. Such exclusion all the more protects the validity and credibility of the electoral process as well as the right of suffrage because the electoral will would not be rendered nugatory by the inclusion of some ghost votes.

SPanlalawigan, SPambayan and COMELEC before RTC for annulment of Ordinance 05 and Resolution 345 and COMELEC Resolution 2987 with prayer for TRO. o Ordinance 05 declared abolition of brgy San Rafael and its merger with brgy Dacanlao in Calaca and instructed COMELEC to conduct plebiscite. o Res 345 affirmed 0rd 5 overriding veto of Batangas Gov. o Res. 2987 provides for rules and regs of plebiscite Court directed parties to maintain status quo. Plebiscite conducted.

ISSUES: 1. WON assailed RTC Order encourages multiplicity of suits 2. WON assailed acts of COMELEC are quasi-judicial or ministerial 3. WON the conduct of plebiscite rendered petition moot and academic DECISION: Petition GRANTED. Order SET ASIDE and ANNULLED. HELD: 1. NOT DISCUSSED Petitioner: o Assailed Order encourages multiplicity of suits and splitting a single cause of action. Since COMELEC Res was only issued pursuant to Ord 05 and Res 345, the propriety of the issuance of COMELEC Res 2987 is dependent upon the validity of the Ord 05 and Res 345. 2. MINISTERIAL Petitioner: o When COMELEC exercises its quasi-judicial functions under Sec. 52, OEC, its acts are subj to the exclusive review by the SC; but when the COMELEC performs a purely ministerial duty, such act is subj to scrutiny by the RTC. The conduct of a plebiscite is not adjudicatory in nature but simply ministerial in obedience to the Ord and Res. Respondent: o The power to review or reverse COMELEC Res solely belongs to the SC (Zaldivar v. Estenzo etc) o If a RTC does not have jurisdiction to issue writs against statutory agencies of govt, a fortiori it cannot have any jurisdiction over COMELEC, an independent constl body Court: o Sec. 7, Art. IX-A, 1987 Consti provides that unless otw provided by this Consti or by law, any decision, order or ruling of each Commission may be brought to the SC on certiorari o The issuance of the COMELEC Res is a ministerial duty that is enjoined by law and is part and parcel of its administrative functions. o The COMELEC Res was not issued pursuant to its quasi-judicial functions but merely as an incident of its inherent administrative functions over the conduct of plebiscites, thus, the said resolution may not be deemed as a final order reviewable by certiorari by the SC. Remedy- Ordinary civil action before the trial courts
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SALVA v. MAKALINTAL (2000) FACTS: Petitioners, as officials and residents of brgy San Rafael, Calaca, Batangas, filed class suit against the

3.

Cited cases by respondent are not in point Zaldivar; Luison; Macud- the assailed COMELEC resolutions faill within the purview of final orders, rulings and decisions of the COMELEC NOT DISCUSSED Petitioner: o While the plebiscite sought to be enjoined has already been conducted, the petition is far from being moot and academicplebiscite could not validate an otw, invalid ordinance and resolution. Respondent: o TRO sought rendered moot and academic by the actual holding of plebiscite sought to be enjoined. o

proceeds accrue to the general fund of the LGU and are used to finance its operations. IRAs are items of income because they form part of the gross accretion of the funds of the LGU. Sec. 450(c) LGC provides that the average annual income shall include the income accruing to the general fund, exclusive of special finds, transfers and non-recurring income. IRAs are a regular, recurring item of income.

2.

ALVAREZ v. GUINGONA, JR. (1996) FACTS: HB 8817 converting the Mun of Santiago, Isabela into an Independent Component City was filed in the HR HB was passed on 2nd Reading and was approved on 3rd Reading and transmitted to the Senate. Senate bill was filed just after the HR had conducted its first public hearing. After the 3rd Reading, SB approved. The enrolled bill, submitted to the President signed by the Chief Exec. When the plebiscite on the Act was held, a great majority of the registered voters voted in favor of the conversion of Santiago into a city. Petition for Prohibition with prayer for TRO assailing the validity of RA7720 converting the Mun of Santiago, Isabela into an Independent Component City. ISSUES: 1. WON the IRAs are to be included in the computation of the average annual income of a multiplicity for purposes of its conversion 2. WON considering that the Senate passed SB, 1243, its own version of the HB, the Act can be said to have originated in the HR DECISION: HELD: 1. YES Petitioners: o Santiago could not qualify into a component city because its average annual income for the last consecutive years based on 1991 constant prices (P13,109,560.47 w/o IRA; P41,949,163.04 w/ IRA) falls below the required annual income of 20M for its conversion into a city. o IRAs should not be included because they are not actually income but transfers/budgetary aid from the national govt and that they fluctuate/increase/decrease depending on factors like population, land and equal sharing. Court: o IRA form part of the income of LGU. With the broadened powers and increased responsibilities, a LGU must now operate on a much wider scare. More extensive operations, more expenses. The funds generated from local taxes, IRAs and national wealth utilization

YES Petitioners: o RA did not originate exclusively in the HR because a bill of the same import, SB 1243, was passed in the Senate. Court: o HB was filed in the HR first before SB was filed in the Senate. Thus, HV was the bill that initiated the legislative process of the law. There was no violation of the Consti. o Petitioners themselves acknowledge that HB was already approved on 3rd Reading when the Senate Committee conducted its public hearing. Senate held in abeyance any action on SB until it received approved HB. o Tolentino v. Sec. of Finance: The consti does not prohibit the filing in the Senate of a substitute bill so long as action by the Senate as a body is withheld pending receipt of the HB. o Presumption of constitutionality: Petitioners have failed to overcome this presumption.

LEAGUE OF CITIES v. COMELEC (2011)

AQUINO III v. COMELEC (2010) FACTS: Petition for certiorari and prohibition by Sen. Aquino and Mayor Robredo as public officers, taxpayers and citizens seeking to nullify RA 9716 apportioning the composition of the 1st and 2nd legislative districts in the province of CamSur which creates a new legislative district. ISSUE: 1. PROCEDURAL a. PROCEDURAL i. WON remedy of certiorari is proper ii. WON petitioners have no locus standi WON RA 9716 is unconstl because it failed to meet the minimum pop reqt and WON RA 9716 violates the principle of proportional representation

2.

DECISION: HELD: Petitioner: o Reapportionment runs afoul of the explicit constitutional standard that requires a minimum population of 250,000 for the creation of a legislative district (Sec. 5(3), Art. VI, 1987 Consti). Reconfiguration is unconstitutional because the proposed 1st district will
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1.

2.

end up with a population of less than 250,000 or only 176,383. o Intent of framers of Consti: When the ConCom fix the orig number of district seats in the HR to 200, they took into account the projected national pop of 55M for the year 1986. (55M/200=250,000) Respondents: o PROCEDURAL Remedy of certiorari is not proper Petitioners have no locus standi o Distinction between cities and provinces drawn by Sec. 5 (3), Art. VI, 1987 Consti Provision on minimum population requirement has no application with respect to the creation of legislative districts in provinces. 250,000 reqt applies only for the creation of a legislative district in a city TRANSCENDENTAL IMPORTANCE Court: o Given the weight of the issues raised, procedural issues are dispensed with following the cases of Kilosbayan; Chavez and Bagong Alyansang Makabayan. NO Court: o Any law duly enacted carries presumption of constitutionality. There must be a clear showing that a specific provision of the fundamental law has been violated or transgressed. o There is no specific provision in the Consti that fixes a 250,000 minimum population that must compose a legislative district. Sec. 5(3), Art. VI draws a plain and clear distinction between the entitlement of a city to a district and the province to a district. While a province is entitled to at least a representative with no mention about population, a city must first meet a minimum population of 250,000. Comma separates the phrase each city with a population of at least 250,000from the phrase or each province250,000 requirement is only required for a city, but not for a province. The Mariano case limited the application of the pop reqt for cities only to its initial legislative district. Mariano case should be applied to additional districts for provinces o Sec. 461, LGC (provision that upon creation, a province is entitled to at least a legislative district)The reqt of population is not an indispensable requirement, but is merely an alternative addition to the indispensable income reqt. o Deliberations of the ConComthe determination of the districts within the province had to consider all protests and complaints formally received which, the records show, dealt with determinants other

than population (Population only one of the factors). Other factors: Dialects, size of original groupings, natural division, balancing of the areas affected by the redistricting Bagabuyo v. COMELECThe Consti, however, does not require mathematical exactitude or rigid equality as a standard in gauging equality in representation This runs counter to the stand of petitioner that an additional provincial legislative district, which does not have at least 250,000 population is not allowed by the Consti.

CARPIO, J., DISSENTING The majority opinion wreaks havoc on the bedrock principle of our democratic and republican State that all votes are equal. o Majority introduces Orwellian concept that some votes are more equal than others, RA 9716 is unconstl for being repugnant to the clear and precise standards in Sec. 5, Art. VI, Consti. o Standards: Proportional representation Minimum population of 250,000 per legislative district Progressive ratio in the increase of legislative districts as the population base increases Uniformity in apportionment of legislative districts in provinces, cities and Metro Manila Area. Legislators represent people, not provinces or cities o Thus, population is the essential measure of representation in the HR as provided in Sec. 5(1), Art. VI, 1987 Consti o The idea of the people, as individuals, electing their representatives is the cardinal feature of a democratic and republican State (representative democracy). The principle of one person, one vote or equality in voting power is inherent in proportional representation. o Examination of the provision The addition of the phrase on the basis of a uniform and progressive ratio from the 1935 to the 1987 Consti was meant to stress that the rule on proportional representation shall apply uniformly (whether to cities or provinces). The phrase in accordance with the number of respective inhabitants,means that districts in provinces and cities and Metro Manila Area shall be apportioned acc to the proportional representation or equal representation for equal numbers of people. The phrase on the basis of a uniform ratio means that the raio of one leg district for every given number of
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people shall be applied uniformly in all apportionments. The phrase progressive ratio means that the number of leg districts shall increase as the number of population increases. Constitutional standards for reapportionment: Population and Territory o Sec. 5, Art. VI admits of no other standards. o Population- Elements Proportional representation Minimum population of 250,000 per legislative district Progressive ratio in the increase of legislative districts as the population base increases Uniformity in apportionment of legislative districts in provinces, cities and Metro Manila Area. Malapportionment of RA 9716 flouts the constitutional standards on population o RA 9716 grossly malapportions CamSurs proposed 5 leg districts by flouting the standards of proportional representation and the minimum population. On proportional representation Proportional rep does not mean exact numbers. However, under the RA, the variances swing from negative 47.9% to positive 29.6%. This means that the smallest proposed district is underpopulated by nearly 50% of the ideal and the biggest district is overpopulated by nearly 30%. On minimum populationthe 1st district will have a population of only 176,383 which runs counter to the principle of uniform and progressive ratio. Entitlement of each province to at least one representative no basis to ignore standard of uniform population ratio o It means only that when a province is created, a legislative district must also be created with it. o And Congress intended the creation of a province in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratiomust comply with minimum pop. Apportionment in the Ordinance appended to the 1987 Consti distinct from legislative reapportionements o Congress enacted RA 9716 in the exercise of its legislative powers and subj to the reapportionment standards in the Consti. Strictly bound by the reapportionment, unlike the ConCom which could create one-time exceptions subj to ratification by the people. o Cases cited in Mariano and Bagabuyo conformed to the pop requirement RA 9716 harbinger for wave of malapportionments o RA 9716 marks a tectonic shift by titlting the balance in favor of entrenched interests, sacrificing the Constitution and, ultimately, the ideals of representative democracy, at the alter of political expediency.

The ruling of the majority could sound the death knell for the principle of one person, one vote that insures equality of voting power.

ALDABA v. COMELEC (2010) FACTS: Bulacan province was represented through 4 legislative disticts. o 1st- comprised of Malolos City and muns of Hagonoy, Calumpit, Pulilan, Bulacan, Paombong RA 9591 enacted amending Malolos City Charter by creating a separate leg district o When RA 9591 was filed in Congress, the population of Malolos City was 223,069 o HB relied on an undated certification issued by a Regl Dir of NSO that the projected population will be 254,030 by the year 2010 Petitioners (taxpayers, voters, residents) filed petition contending that RA 9591 is unconstitutional o Failed to meet the minimum population threshold of 250,000 OSG: Congress se of projected population is nonjusticiable as it involves a determination of standard of the law ISSUE: WON the City of Malolos failed to meet the minimum population requirement DECISION: RA 9591 UNCONSTITUTIONAL HELD: 1. The 1987 Constitution reqt for a city to have a legislative district- population of 250,000 (Sec. 5(3), 1987 Consti) 2. The Certification of the Reg Dir, which is based on demographic projections, is w/o legal effect, because he has no basis and authority to issue the same. o Also void because based on its own growth rate assumption, the population will be less than 250,000 in 2010. Certifications on demographic projections can be issued only if they are declared official by the Natl Stats Coordination Board. o Certs based on demo proj can be issued only by the NSO administrator or his designated certifying officer. (Sec. 6b, EO 135) o There is no showing that he has been designated by the NSO administrator as a certifying officer. o Based on the certification, the population will grow only to 241,550 in 2010. o EO 135 cannot be brushed asideAny population projection must be based on an official and credible source. o A city that has attained a population of 250,000 is entitled to a legislative district only in the immediately following election (Sec. 3, Ordiance appended to the Consti). There is no official record that the population of the City is enough, whether actual or projected, prior to 2010 elections. 3. Intercensal demographic projections cannot be made for the entire year. Must be maid as of the middle of the year (Sec. 6c, EO 135)
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JusticiabilityQuestions calling for judicial determination of compliance with constitutional standards are fundamentally justiciable. Bagabuyo caseThe overwhelming weight of authority is that district apportionment laws are subj to review by the courts.

ABAD, J., DISSENTING Does not violate Sec 5, pars (3) and (4), Art. VI, 1987 Consti City to merit one rep- population of at least 250,000. BUT, a province, however, is entitled to one representative no matter what its population size. o Nothing in Sec. 5, Art. VI, Consti prohibits the use of estimates in the creation of legislative districts. o Standard involves political questionCourt cannot intrude into the wisdom of standard EO 135 cannot apply. o RA 9591 is not concerned with the creation or conversion of a LGU but with the establishment of a new legislative district EO 135 provides the guidelines on the issuance of Certificate of Population sizes for the creation or conversion of a LGU. o RA 9591 is based on a legislative finding of fact It would be foolhardy for the Court to suggest that the legislative consider only evidence admissible in a court of law or under the rules passed by the OP. o Certification partakes of a official info based on official data. The data are based on evidence that is admissible even in court NSO Reg Dirs computation applies the growth rate of 3.78% per year, which is more logical in that the base is adjusted annually to reflect the year to year growth rate. Constitutional check against gerrymandering not violated Sec. 5(3), Art. VI: each leg district shall comprise, as far as practicable, contiguous, compact and adjacent territory. The fact that the creation would separate the town of Bulacan from the rest of the towns comprising the first district, would not militate against its constitutionality no showing that interest of any candidate is favored RA 9591 is a reapportionment billno plebiscite requirement Bagabuyo caseA plebiscite is necessary only in the creation, division, merger, abolition or alteration of boundaries of LGUs.

GRIO v. COMELEC (1992) FACTS: The subprovince of Guimaras is composed of 3 muns. In the previous electios, the voters of Guimaras were allowed to vote for provl officials. LGC came into effect. o Sec. 462 called the conversion of existing subprovinces into regular provinces upon approval by majority in a plebiscite simultaneous with the national elections. Simultaneous with 1992 national elections, COMELEC conducted plebiscite for the conversion of Guimaras. COMELEC issued Res 2410 providing for the rules and regs for the conduct of the plebiscite.

Petitioners: ballots distributed in Guimaras did not contain any space or provision for the election of provincial officials of the district which Guimaras was a part. Petition was filed by the LDP, through its Iloilo Provl Chairman Grio. o Assails the act of COMELEC of disallowing the voters of the subprovince of Guimaras, to vote for the gov, vgov of the province of Iloilo and the members of the SPanglungsod in the 2nd district of the province o COMELEC acted with GAD when it disallowed voters to vote for provl officials o RA 7160 did not prohibit subprovinces from voting for provl offices o COMELEC failed to inform the candidates and voters of such disenfranchisement TRO against COMELEC was issued. However, it was later on lifted. ISSUE: WON voters from the subprovince of Guimaras should be allowed to vote for provincial officials DECISION: Petition DISMISSED. HELD: Sec. 462 is incomplete and inadequate to govern all or any eventuality. The law should take into consideration the decision of the populace to be affected by a change in its political set-up. Sec. 462 completely addresses where the people of the original and new districts agree to the proposed creation. o Pres shall fill up the position of the gov, vgov, and the SPanlalawigan What if negative? Any vacancy occurring in the offices occupied by said incumbent officials or resulting from expiration of their terms of office in case a negative vote in the plebiscite results, shall be filled by appointment by the President. o The makers of the law failed to foresee that in the event of negative vote, the subprovince shall continue to be a part of the orig province. COMELEC under a mistaken presumption that under Sec. 462, WON the conversion of Guimaras is ratified, the Pres will fill up the positions. o The law, however, is clear that in case of a negative vote, the elected officials of the subprovince only shall be appointed by the Pres. However, it would serve no useful purpose if actions of the COMELEC will be undone. o Result of plebisciteYES (283,224); NO (42,524) o Hence, the Pres shall appoint the governor for the prov of Guimaras as well as the vgov and members of the SPanlalawigan. o Subprovince of Guimaras now a regular province. o

LIDASAN v. COMELEC (1967) FACTS: Chief Exec signed into law HB 1247, known as RA 4790, creating the province of Dianaton in Lanao Sur o Barrios Togaig, Madalum and others are within the province of Cotabato and not Lanao Sur. (12 barrios in Cotabato transferred to Lanao)

OP, through Asst. Exec. Sec., recommended to COMELEC that the operation of the statute be suspended until clarified by correcting legislation. COMELEC, by resolution, declared that the statute should be implemented unless declared unconstl Present original action for certiorari and prohibition by Lidasan (resident and taxpayer of detached portion of Cotabato). o RA 4790 be declared unconstl o COMELEC Res be nullified

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ISSUES: 1. WON there is violation of one bill-one subj rule 2. WON change in boundaries in the 2 provinces need to be stated in the title 3. WON law may still be salvaged 4. WON petitioner has standing DECISION: Petition GRANTED. HELD: 1. YES One subj-one bill rule contains dual limitations: o Congress to refrain from conglomeration under one statute of heterogeneous subjs o Title of bill to be couched in a language sufficient to notify the legislators and public of the subj It is sufficient if title includes nature, scope, and consequences of the proposed law and its operation. The title Act Creating the Municipality of Dianaton, in the Province of Lanao Sur projects the impression that solely the province of Lanao Sur is affected. o The phrase in the Province of Lanao Surtitle misleading and deceptive o 2 pronged purpose of law creates municipality of Dianaton dismembers 2 municipalities in Cotabato Title did not inform the mems of Congress as to the full impact of the law; it did not apprise the people in the affected towns that part of their territory is being taken away; it kept the public in the dark as to what towns and provinces were actually affected. 2. YES Respondent: o The change in boundaries resulting in the substantial diminution of territory of Cotabato is merely the incidental legal results of the definition of boundary; hence, reference to it need not be expressed in the title. o Felwa case- title is sufficient because an act creating the provinces must be expected to provide for the officers who shall run the affairs thereofwhich is manifestly germane to the subj of the legislation as set forth in the title. Court: o Transfer of a sizeable portion of territory from one province to another involves reduction of area, population and income of the first and the corresponding increase of those of the other. o The Felwa case is not applicableThe lumping together of barrios in adjacent but separate provinces under one statute is neither a natural nor logical consequence of the creation of the new municipality. Change in boundaries may not result in the creation of new municipality

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o RA 4790 void. NO Respondent: o RA 4790 may still be salvaged with reference to the 9 barrios in Lanao Sur (will not include those which belong to Cotabato) o Limited title of the Act still covers barrios in Lanao Court o Gen. RuleWhere a portion of the statute is rendered unconstl and the remainder valid, the parts will be separated, and the constitutional portion upheld. Exception (Black)Where the parts of the statute are so mutually dependent and connected as to warrant a belief that the legislature intended them as a whole. o Municipal corps perform twin functions: Instrumentality of the State in carrying out function of govt Agency of the community in the administration of local affairs separate entity and not a subd of State o Several facts considered WON a group of barrios may be an independent municipality: Population, territory, income o When the bill was presented in Congress, the totality of the 21 barrios was in mind. Dianaton was created upon the basic considerations of progressive community, largely aggregate population and sufficient income of the 21 barrios and not the 9 which belong to Lanao. Function of Congress not the Court. o RA 4790 indivisible, hence null and void. YES Respondent: o Petitioner has no substantial legal interest adversely affected by RA. Court: o The right of every citizen, taxpayer and voter of a community affected by legislation creating a town is recognized. o Petitioner is a qualified votermay not desire to be part of the new municipality

FERNANDO, J., DISSENTING RA 4790 deals with one subj matterthe creation of the municipality of Dianaton The mere fact that in the body, barrios of another province is included, is not sufficient to for a finding of nullity o At the most, the statute to be free from the insubstantial doubts about its validity must not include barrios in Cotabato. It should not be narrowly construed to cripple or impede legislation. o Sufficient if the title is comprehensive enough reasonably to include the general obj which the statute seeks to effect w/o expressing each and every end and means for such accomplishment. Govt v. HSBC: constitutional requirement to be given liberal test
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This mode of interpreting RA 4790 finds supports in basic principles underlying precedents (Phil and US) which if not precisely controlling, have a persuasive ring. o Radiowealth v. Agregado- construction which would be more in harmony with the tenets of fundamental law o Sanchez v. Lyon- same in Radiowealth o CJ Stone (US)- to construe statutes with an eye to possible constitutional limitations so as to avoid as to their validity o Frankfurt (Rumely case)- it is our duty to reach conclusion which will avoid serious doubt of their constitutionality.

TORIO v. FONTANILLA (1978) FACTS: The Mun Council of Malasiqui, Pangasinan passed Res 159, 182 whereby it resolved to manage the 1959 town fiesta celeb. o Res. 182 created a committee which in turn organized a subcommittee on entertainment and stage with Macaraeg as Chairman. o Appropriated P100 for the construction of 2 stages (for zarzuela and cancionan). The zarzuela was donated by an assoc of Malasiqui employees of the Manila Railroad. One of the performers was Fontanilla. During the zarzuela, the stage collapsed; Fontanilla pinned underneath; died the following day. Heirs of Fontanilla filed a complaint with the CFI of Manila to recover damages against the municipality, the municipal council and the members of the council. ISSUE: 1. WON the celebration of a town fiesta is a governmental function 2. WON the defendants should be held liable for damages DECISION: HELD: 1. NO Court: o The powers of a municipality are 2-fold in character Public, governmental or political those exercised by the corp in administering the powers of the state and promoting the public welfare No recovery can be had from the municipality, unless there is an existing statute on the matter, nor from its officers, so long as they performed their duties honestly and in good faith. Corporate, private or proprietary exercised for the special benefit and advantage of the community and include those which are ministerial, private and corporate. Can be held liable to 3rd persons ex contractu or ex delicto o Determination of character is a difficult matter. In AmJur, none of tests are conclusive. Each case to be determined on the circumstances.

Holding of the town fiesta was an exercise of a private finction. Sec. 2282, Rev. Admin Code authority to municipality to celebrate a yearly fiesta but it does not impose a duty Gives special benefit of the community and not for the general welfare. No governmental or public policy of the state is involved. Mere fact that fiesta is not for profit is not conclusive test. Examples: maintenance of parks 2. ONLY MUNICIPALITY Defendants: o Municipality- invoked the principal defense that as a legally and duly organized public corp it performs sovereign functions and the holding of a town fiesta was an exercise of its governmental functions, hence, no liability for negligence of agents o Councilors- merely acted as agents of the municipality; hence not liable since Exercised due care and diligence Court: ON THE LIABILITY OF THE MUNICIPALITY o Under the doctrine of respondeat superior, municipality is to be held liable for damages if that was attributable to the negligence of the municipalitys officers, employees or agents. o CA held that there was negligence. Principal braces were removed and left the front portion of the stage unsupported. Lack of supervision over the use of the stage Stage was not strong enough considering that only P100 was appropriated. Posts and braces used were of bamboo material Although the stage was described as being supported by 24 posts, nevertheless there were only 4 in front, 4 at the rear, and 5 on each side. o When the donation was accepted, the participants had the right to expect that the Municipality would build or put up a stage or platform strong enough to insure personal safety of participants. o Macaraeg acted as agent of the Municipality, hence the municipality is responsible under principle of respondeat superior. ON THE LIABILITY OF THE COUNCILORS o CA: councilors solidarily liable under Art. 27 CC. o CA erred in applying Art. 27 because the same covers a case of non-feasance or nonperformance by a public officer of his official duty; it does not apply to a case of negligence or misfeasance in carrying out an official duty. o Councilors absolved because records do not show that said petitioners directly participated in the defective construction of the stage or o
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that they personally permitted spectators to go up the platform. 2.

Burial lot was leased, hence, obligs arising from contracts have the force of law between the contracting partiesbreach entitles damages

CITY OF MANILA v. IAC (1989) FACTS: Widow and children of Vivencio Domingo, Sr. filed action for damages against the City of Manila; Suva of the City Health Office; Mallari, OIC of the North Cemetery; and Helmuth, latters predecessor of the burial grounds owned and operated by the City. Full payment of rental evidenced by receipt with lease of 50 years. No other doc presented as evidence of lease. Burial record does not reflect the duration of lease. Pursuant to Admin Order 5, the lot was leased to the family for 5 years only. Authorities of the North Cemetery then headed by Helmuth authorized the exhumation of the remains, placed in sack and kept in the depository. When the family visited, the found out that the resting place did not anymore bear the stone marker that they placed. Family filed a case for damages with the RTC which ruled in their favor. CA modified. ISSUE: 1. WON the maintenance of the cemetery is a governmental function 2. WON the contract of lease is valid 3. WON the City is liable DECISION: Decision AFFIRMED. HELD: 1. NO Petitioners: o North Cemetery is exclusively devoted for public use (Sec. 316 Compilation of Ordinances of Manila). Since the City is a political subdivision in the performance of its governmental functions, it is immune for tort liability by its public officers and subordinate employees. Sec. 4, Art. I, Revised Charter of Manila exempts the city from liability. Respondents: o City of Manila entered into a contract of lease which involve the exercise of proprietary functionshence can be sued. Court: o Under Phil laws, the City of Manila is a political body corporate and as such endowed with the faculties of municipal corps to be exercised by and through its city govt in conformity with law, and in its proper corporate name. It may be sued, and contract and be contracted with. Torio v. Fontanilla applies o The North Cemetery is a patrimonial property of the City which was created by a resolution of the Mun. Board. Admin and govt cemetery under City Health Officer; order and police of cemetery, opening and exhumation of remain under superintendent of the cemetery.

YES Court: o YES Court: o o

There is nothing in the record to justify the reversal of the finding of the TC and IAC that the receipt is in itself a contract of lease. City is liable for the tortious act committed by its agents who failed to verify and check the duration of the contract of lease. Admin Order 5 applies only to new leases.

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MACASIANO v. DIOKNO (1992) FACTS: Municipality of Paraaque passed Ordinance 86 which authorized the closure of J. Gabriel, GG Cruz, Bayanihan, Lt. Garcia Extension and Opena Sts and the establishment of the flea market thereon. Ordinance approved by municipal council pursuant to MMC Ordinance 2. Metro Manila Authority approved Ordinance 86. Municipality and Palanyag, a service cooperative, entered into an agreement for the management of the flea market. Petitioner Brig. Gen. Macasiano, PNP Supt., Ordered the destruction and confiscation of stalls Municipality and Palanyang filed with the trial court a joint petition for prohibition, mandamus with damages and issuance of a TRO which the TC issued. TC issued Order upholding validity of Ord 86 and enjoining Macasiano from enforcing his letter-order. ISSUE: WON the ordinance or resolution issued by the municipal council authorizing the lease and use of public streets as sites for flea markets is valid DECISION: Petition GRANTED; Decision REVERSED and SET ASIDE. HELD: Petitioner: o Municipal roads are used for public service and therefore public propertiescannot be subj to private appropriation o Property already dedicated to public use cannot be used for another public purpose; without legislative grant. o Failed to comply with the conditions by the Metro Manila Authority for the approval of the ordinance o Municipal council violated duty under LGC to promote the general welfare. Court: o The property of provinces, cities and muns is divided into property for public use and patrimonial property (Art. 423, CC) Subj are local roads used for public service and are therefore considered public propertiesunder the absolute control of Congress. LGUs have no authority to control or regulate the use of public properties
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unless specific authority is vested by Congress. Sec. 10, Chapt. II, LGC which gives authority to LGUs to close roads should be interpreted in accordance with basic principles already established by law. Art. 424 CC states that properties of public dominion for public use cannot be disposed of or leased by LGU to private persons. Aside from requirement of due process, the closure should be for the sole purpose of withdrawing the road from public use when circumstances show that such property is no longer intended or necessary for public use. Only when property is declared patrimonial that the LGU may convert it for any purpose. Ordinance cannot be implemented because it was not approved by the Metro Manila Authority due to noncompliance of conditions imposed. (see enumeration in p.472) Allegation that the closed streets were not used for behicular traffic and that majority of residents do not oppose are unsupported by evidence. Subj streets are congested and such closure will not solve the problem Even if LGC of 1991 is already enacted, BP 337 which is the law in force when the obligation arose governs the transaction in accordance with Sec. 5(d) of the LGC.

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