Home Political Law Aquino III vs. COMELEC, G.R. No. 189793, April 7, 2010

Aquino III vs. COMELEC, G.R. No. 189793, April 7,2010

Post under case digests, Political Law at Tuesday, January 31, 2012 Posted by Schizophrenic Mind

Facts: The said case was filed by the petitioners by way of aPetition for Certiorari and Prohibition under Rule 65 of the Rules ofCourt. It was addressed to nullify and declared as unconstitutional,R.A. 9716 entitled An Act Reapportioning the Composition of theFirst (1st) and Second Legislative Districts (2nd) in the province ofCamarines Sur and Thereby Creating a New Legislative District fromsuch Reapportionment.

Said Act originated from House Bill No. 4264, and it was enacted byPresident Macapagal-Arroyo. Effectuating the act, it has divided theexisting four districts, and apportioned districts shall form additionaldistrict where the new first district shall be composed of 176,383population count.

Petitioners contend that the reapportionment runs afoul of theexplicit constitutional standard with a minimum population of250,000 for the creation of a legislative district under Section 5 (3),Article VI of the 1987 Constitution. It was emphasized as well by thepetitioners that if population is less than that provided by theConstitution, it must be stricken-down for non-compliance with theminimum population requirement, unless otherwise fixed by law.

Respondents have argued that the petitioners are guilty of two fataltechnical effects: first, error in choosing to assail R.A. 9716 via theRemedy of Certiorari and Prohibition under Rule 65 of the Rules ofCourt. And second, petitioners have no locus standi to question theconstitutionality of R.A. 9716.

Issue: Whether or not Republic Act No. 9716 is unconstitutional andtherefore null and void, or whether or not a population of 250,000 isan indispensable constitutional requirement for the creation of a newlegislative district in a province.

Held: It was ruled that the said Act is constitutional. The plain andclear distinction between a city and a province was explained underthe second sentence of Section 5 (3) of the Constitution. It statesthat a province is entitled into a representative, with nothing was

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mentioned about a population. While in cities, a minimum populationof 250,000 must first be satisfied. In 2007, CamSur had a populationof 1,693,821 making the province entitled to two additional districtsfrom the present of four. Based on the formulation of Ordinance,other than population, the results of the apportionment were valid.And lastly, other factors were mentioned during the deliberations ofHouse Bill No. 4264.

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Home Political Law Aquino III vs. COMELEC, G.R. No. 189793, April 7, 2010

Aquino III vs. COMELEC, G.R. No. 189793, April 7,2010

Post under case digests, Political Law

Facts: The said case was filed by the petitioners by way of aPetition for Certiorari and Court. It was addressed to nullify and declared as R.A. 9716 entitled An First (1st) and Second Legislative Districts (2nd) in the province ofCamarines Sur and Thereby Creating a New Legislative District fromsuch Reapportionment.

Said Act originated from House Bill No. 4264, and it was enacted byPresident Macapagal-Arroyo. Effectuating the existing four districts, and apportioned districts shall form additionaldistrict where the new first district shall be composed of 176,383population count.

Petitioners contend that the reapportionment runs afoul of theexplicit constitutional standard with a minimum population of250,000 for the creation of a legislative district under Section 5 (3),Article VI of the 1987 Constitutionpetitioners that if population is less than that provided by theConstitution, it must be stricken-down for non-compliance with theminimum population

Respondents have argued that the petitioners are guilty of two fataltechnical effects: first, error in choosing to assail R.A. 9716 via theRemedy of Certiorari and Court. And second, petitioners have no locus standi to question theconstitutionality of R.A. 9716.

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