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Macias vs.

COMELEC
GR No. L-18684/ 32 SCRA 1
September 14, 1961

FACTS: Petitioners are members of the House of Representatives from Negros Oriental, Misamis
Oriental and Bulacan and the provincial Governor of Negros Oriental. They are requesting that the
respondent officials be prevented to implement RA 3040, an act that apportions representative districts in
the country. They alleged that their respective provinces were discriminated because they were given less
representation. Furthermore, they allege that RA 3040 is unconstitutional and void because:

(1) It was passed without printed final copies which must be furnished to the members of the HOR at
least 3 calendar days prior to passage.

(2) It was approved more than 3 years after the return of the last census of the population.

(3) It apportioned districts without regard to the number of inhabitants of the several provinces.

ISSUE: Whether or not the apportionment of representative districts under Republic Act 3040 is in
accordance with the constitution.

HELD: NO. The Court concluded that the statute be declared invalid. Republic Act 3040 clearly
violates the said constitutional provision in several ways namely:

(1) It gave Cebu seven members, while Rizal with a bigger number of inhabitants got four only.

(2) It gave Manila four members, while Cotabato with a bigger population got three only.

(3) Pangasinan with less inhabitants than both Manila and Cotabato got more than both, five
members having been assigned to it.

(4) Samar (with 871,857) was allotted four members while Davao with 903,224 got three only.

(5) Bulacan with 557,691 got two only, while Albay with less inhabitants (515,691) got three.

(6) Misamis Oriental with 387,839 was given one member only, while Cavite with less inhabitants
(379,904) got two. These were not the only instances of unequal apportionment.

(7) Mountain Province has 3 whereas Isabela, Laguna and Cagayan with more inhabitants have 2
each. And then, Capiz, La Union and Ilocos Norte got 2 each, whereas Sulu that has more
inhabitants got 1 only. And Leyte with 967,323 inhabitants got 4 only, whereas Iloilo with less
inhabitants (966,145) was given 5.

The Constitution directs that the one hundred twenty Members of the House of Representatives “shall be
apportioned among the several provinces as nearly as may be according to the member of their respective
inhabitants.” A law giving provinces with less number of inhabitants more representative districts than
those with bigger population is invalid because it violates the principle of proportional representation
prescribed by the Constitution. Inequality of apportionment law is “arbitrary and capricious and against
the vital principle of equality.” as held in Houghton County v. Blacker.