December 8, 2008 ROGELIO Z. BAGABUYO, BAGABUYO , petitioner petitioner , vs. COMMISSION ON ELECTIONS, ELECTIONS , respondent . Brion, J.: J.: SUMMARY: Cagayan SUMMARY: Cagayan de Oro City used to have a single legislative district. In 2006 a la as !assed to divide it into to legislative districts. Bagabuyo o!!osed the move be"ore the #C, claiming that the s!lit must be a!!roved by a !lebiscite and that the s!lit violates the constitutional standard o" e$ual re!resentation. %he im!lementing agency, CO&'('C countered that the !etition should have been "iled ith the )%C* and that a !lebiscite is not needed. #C +uned Bagabuyo-s !etition, holding that the la as a legislative a!!ortionment measure, hich does not re$uire a !lebiscite. (egislative a!!ortionment is not division o" an (/. It is sim!ly a delineation o" an area hose inhabitants ill have one re!resentative in the lamaing body. It does not involve the creation, alteration, or abolition o" an (/, hich is a s!ecial cor!orate body under the Constitution and the la. %he s!ecial and cor!orate nature o" (/s is the !recise reason hy its creation, alteration, or abolition has to be a!!roved by !lebiscite. %his rationale does not a!!ly to legislative districts. DOCTRINE !!ortionment !!ortionment o" legislative legislative district district is a di""erent di""erent conce!t conce!t "rom division o" o" (/s. %he %he to are governed by di""erent Constitutional !rovisions. De"inition o" a!!ortionment and rea!!ortionment 1 please 1 please see see ratio#2, ratio#2, 1st bullet bullet %he Constitution and the (C e3!ressly re$uire a !lebiscite to carry out any creation, division, merger, abolition or alteration o" boundary o" a local government unit. In contrast, no !lebiscite re$uirement e3ists under the a!!ortionment or rea!!ortionment !rovision. legislative district can be considered considered a !olitical !olitical unit but it is not not a !olitical !olitical subdivision. subdivision. It is a !olitical unit but not a cor!orate unit, being a device "or !ur!oses o" re!resentation. It is a mere delineation o" areas occu!ied by the grou! o" !eo!le ho are to choose a common re!resentative to the lamaing body. It cannot act "or and in behal" o" its constituents 4unlie (/s5. (/s are territorial and !olitical subdivisions o" the #tate. n (/ is a !olitical unit and a cor!orate unit, created by the Constitution and the legislature and vested ith legal !ersonality distinct and se!arate "rom the #tate. (/s are de"ined by the Constitution as entities hich may be created, divided, abolished, or merged by la in accordance ith Constitutional and legislative standards. •
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NATURE: Original NATURE: Original action in the #u!reme Court. etition "or certiorari, !rohibition, and mandamus. FACTS Oct. 70, 2006 %hen )e!. Constantino 9araula o" the (one District o" Cagayan de Oro City "iled and s!onsored ouse Bill ;8;<, !roviding "or the a!!ortionment o" the (one (egislative District o" Cagayan de Oro. B ;8;< as !assed into la as )e!ublic ct <=>7. ) <=>7 s!lit the (one District o" Cagayan de Oro into to districts, the ?irst District covering the rural areas o" the city, and the #econd District covering the urban areas. •
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%he la "urther !rovided that the voters o" the city ould be classi"ied as belonging to either the 7st or the 2nd district, de!ending on their !lace o" residence. o %he constituents o" each district ould elect a )e!resentative and 8 members o" the #angguniang anglungsod. &ar. 7=, 200> CO&'('C !romulgated en banc )esolution @o. >8=> im!lementing ) <=>7. &ar. 2>, 200> )ogelio BB/AO "iled the !resent !etition against the CO&'('C, on the ground that ) <=>7 cannot be im!lemented ithout the conduct o" a !lebiscite, hich he says is indis!ensable "or the division or conversion o" a (/. o e ased that the CO&'('C be sto!!ed "rom im!lementing ) <=>7 and )esolution @o. >8=> and "or Cagayan de Oro to be reverted to a single district. !r. 70, 2008 Bagabuyo amended his !etition to im!lead the '3ecutive #ecretary, the Budget and &anagement #ecretary, the Chair o" the Commission on udit, the &ayor and &embers o" the #angguniang anglungsod o" Cagayan de Oro, and the Cagayan de Oro Board o" Canvassers. &ay 7, 200> %he @ational and (ocal 'lections !ushed through in accordance ith ) <=>7 and )esolution @o. >8=>, the #C not having issued a %)O. o
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ISSUES (HELD) 75 @ Bagabuyo violated the hierarchy o" courts doctrine hen he "iled the !etition directly ith the #C (NO) 2) Does RA 9371 involve the division or conversion of a !", or does it onl provide for le$islative reapportion%ent& (LEGISLATIVE REAPPORTIONMENT) 3) '( RA 9371 violates the e*ualit of representation doctrine (NO) RATIO 75 C#' % B) I# @ 'EC'%IO@ %O %' I'))CA O? CO/)%# DOC%)I@' %he hierarchy o" courts doctrine serves to declog court docets and "ocus the #C-s time on matters ithin its e3clusive +urisdiction. %here"ore, hen #C has concurrent +urisdiction ith a loer court over a !roceeding, recourse must "irst be made to the loer court* unless there are F special and i%portant G reasons "or the direct invocation o" the #C-s +urisdiction, clearly and es!ecially set out in the !etition. mong these s!ecial and im!ortant circumstances include !etitions "or certiorari, !rohibition, and mandamus against lamaers hen the validity o" their enactments is assailed. o CASE AT BAR: Bagabuyo-s !etition assails a legislative enactment. %he nature o" the issues raised also su""ices as reason "or considering it an e3ce!tion to the rule. o dditionally, the !etition also assails a resolution o" the CO&'('C en banc, hich re$uires a )ule 6; !etition be"ore the #C !er )OC 6. •
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25 ) <=>7 I# ('I#(%IH' O)%IO@&'@% &'#/)' •
CONSTITUTIONAL CONCEPTS DISTINGUISHED o
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Bagabuy: %he im!lementation o" ) <=>7 re$uires a !lebiscite since it involves the division o" an (/. OSG: ) <=>7 merely increases the re!resentation o" Cagayan de Oro in the ouse o" )e!resentatives !ursuant to rt. HI, ; o" the 7<8> Constitution. It
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does not involve a creation o" a (/ or substantial alteration o" boundaries, hence the criteria under rt. E, 70 o" the Constitution is ina!!licable. ?inally, ) <=>7 did not change Cagayan de Oro-s territory, !o!ulation or income classi"ication, hence no !lebiscite is re$uired. SC: Bagabuyo con"uses the conce!t o" a!!ortionment of le$islative districts ith the conce!t o" division of local $overn%ent units. !!ortionment:determination o" the number o" re!resentatives hich a #tate, cou nty or other subdivision may send to a legislative body* allocation o" seats in !ro!ortion to !o!ulation* draing o" votin$ district lines to e$ualiJe !o!ulation and voting !oer among districts 4Blac-s5 )ea!!ortionment: )ealignment or change in legislative districts to re"lect !o!ulation changes* mandated by the constitutional re$uirement o" e$uality o" re!resentation 4Blac-s5 A++-A/ -0"0A R"/. rt. HI 4entitled he e$islative Depart%ent 5, ; re"ers to legislative districts and their creation and com!osition. rt. E 4entitled ocal !overn%ent 5 re"ers to (/s, or more generally, munici!al cor!orations. 70 re$uires a !lebiscite be"ore a (/ is created, divided, merged, or abolished, or its boundaries substantially altered, in accordance ith criteria set in a (ocal overnment Code. %he only common element beteen the to !rovisions is that the (egislature has been given the authority to act 1in one case by a!!ortioning or rea!!ortioning legislative districts and in the other by setting the criteria "or the creation, division, merger, abolition and alteration o" boundaries and by actually creating, dividing, merging, abolishing local government units and altering their boundaries through legislation. rt. HI, ; concerns the o!timiJation o" !olitical re!resentation in the legislature and !rovides "or rules toard o!timal a!!ortionment 12;0,000 !o!ulation re$uirement "or cities, 7 re!resentative !er !rovince, uni"orm and !rogressive ratio, contiguity o" territory, regular rea!!ortionment, etc.. rt. E, 70 concerns Fthe co%%ence%ent, the ter%ination, and the %odification of local $overn%ent units corporate e4istence and territorial covera$e5 and it spea6s of to specific standards that %ust be observed in i%ple%entin$ this concern G 1com!liance ith (C criteria and a!!roval by !lebiscite.
LEGISLATIVE APPORTIONMENT DOES NOT REQUIRE A PLEBISCITE o
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In contrast ith rt. E, 70, no !lebiscite re$uirement e3ists under the a!!ortionment or rea!!ortionment !rovision. In obias v. Abalos the s!litting o" #an 9uan and &andaluyong into to se!arate legislative districts ithout a !lebiscite being held in #an 9uan as u!held, because the !lebiscite in &andaluyong as on the issue o" its conversion into a highly urbaniJed city, as re$uired by rt. E, 70 and the (C. %he a!!ortionment as only a conse$uence o" the conversion, so a !lebiscite need not be held in #an 9uan, here only a rea!!ortionment tool !lace. 80R 0: 8/ A++0R0;/ +R0<0 It as rooted in the 7th mendment o" the /# Constitution and certain /# state constitutions. hili!!ine Bill o" 7<02 K mandated the a!!ortionment o" seats in the !o!ularly elected hili!!ine ssembly. 9ones (a o" 7<76 hili!!ine Islands ere divided into 72 senatorial districts and <0 re!resentative districts, ith the hili!!ine (egislature being given the authority to redistrict.
7<=; Constitution rt. HI, ; retained the conce!t o" legislative a!!ortionment and the district as the basic unit o" a!!ortionment. %he aim o" e$uality o" re!resentation as enshrined F as an essential feature of republican institutionsG. 4;acias v. -0;//- 5 ;acias v. -0;//- 47<675 and ;onte=o v. -0;//- 47<<;5 eld that ine$uality o" re!resentation is a +usticiable issue. @o !lebiscite issues ere raised in both cases. 7<>= Constitution rt. HIII, 2 retained e$ual re!resentation and introduced the Funi"orm and !rogressive ratioG and the contiguity criterion. 7<8> Constitution )etained the 7<>= "ormulation, ith the addition o" !artyKlist re!resentatives. @o !lebiscite as re$uired under both constitutions. lebiscites ere never re$uired. 80R 0: D<0 +R0<0 7<;< ) 226 re$uired a !etition by ma+ority o" a""ected voters in the creation o" barrios 7<67 Caloocan City Charter re$uired a !lebiscite "or its e""ectivity #ubse$uent enactments u! to 7<>2 also re$uired a !lebiscite as a condition "or the creation and conversion o" (/s. 7<>= lebiscite re$uirement as enshrined in the Constitution.
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LEGISLATIVE DISTRICT vs. LOCAL GOVERNMENT UNIT o
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legislative district can be considered a !olitical unit but it is not a !olitical subdivision. It is a !olitical unit but not a cor!orate unit, being a device "or !ur!oses o" re!resentation. It is a mere delineation o" areas occu!ied by the grou! o" !eo!le ho are to choose a common re!resentative to the lamaing body. It cannot act "or and in behal" o" its constituents. (/s are territorial and !olitical subdivisions o" the #tate. (/ is a !olitical unit and a cor!orate unit, created by the Constitution and the legislature and vested ith legal !ersonality distinct and se!arate "rom the #tate. (/s are de"ined by the Constitution as entities hich may be created, divided, abolished, or merged by la in accordance ith Constitutional and legislative standards. (/ begins its cor!orate e3istence u!on election and $uali"ication o" its chie" e3ecutive and a ma+ority o" the members o" its #anggunian. It is an instrumentality o" the state in carrying out government "unctions. It is an agency o" the state and e3ercises s!ecial "unctions "or the sole bene"it o" local a""airs. It is the medium through hich the !eo!le act in their cor!orate ca!acity on local concerns. Its s!ecial status and role merited that its creation, alteration, or abolition be regulated by the a""ected residents through a!!roval by !lebiscite. By their history and nature, legislative a!!ortionment and division o" (/ are di""erent and the "ormer does not mean 1or even im!ly the latter. %hus, the !lebiscite re$uirement should not be a!!licable to and be a re$uisite "or the validity o" a legislative a!!ortionment or rea!!ortionment.
CASE AT BAR o
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%he ording o" ) <=>7 does not im!ly any division o" Cagayan de Oro City as a !olitical and cor!orate entity. @o ne territorial administrative divisions are created nor are there any areas removed "rom the City.
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) <=>7 sim!ly creates a ne legislative district out o" the "ormer lone district "or !ur!oses o" re!resentation in the ouse o" )e!resentatives. @o !lebiscite is there"ore necessary. %he creation o" additional #angguniang anglungsod seats by virtue o" CO&'('C )esolution @o. >8=> as a conse$uence o" the creation o" the to ne districts is not ne but is based on an earlier la K ) 66=6 hich laid don the a!!ortionment o" seats in the #angguniang anglungsod o" every city. %he resolution sim!ly "ollos the !rovisions o" said la. ?urthermore, the resolution does not divide the (/ or create a ne one. It merely enhances voter re!resentation by giving greater eight to each vote, both in Congress and in the #angguniang anglungsod. ?rom 72 councilors and one re!resentative "or ;00,000 !eo!le, CdO no has 2 ouse re!resentatives, one "or each grou! o" 2;0,000 !eo!le, and 8 councilors "or each same grou!.
=5 @O HIO(%IO@ O? 'L/( )')'#'@%%IO@ )I@CI(' Bagabuy: %he a!!ortionment o" districts is une$ual because District 7 has only <=,>7< registered voters hile District 2 has 72>,0>7. SC: %he legal basis "or the draing o" districts is the nu%ber of inhabitants and !" the nu%ber of re$istered voters 48errera v. -0;//- 5. o Bagabuyo did not !rovide !o!ulation "igures. #C too +udicial notice o" the ugust 200> census o" the @#O hich shoed that District 7 has 2;,6 residents hile District 2 has 2<<,=22. o hile there may be a dis!arity, the Constitution does not re$uire that each district have e3actly the same !o!ulation. ith regard to !o!ulation, all that it re$uires is 2;0,000 residents in a city to constitute one district* and at least 7 district "or each !rovince regardless o" !o!ulation. 'ven the contiguity re$uirement is tem!ered by the !hrase Fas "ar as !racticableG. o F>?he -onstitution leaves the local $overn%ent units as the are found and does not re*uire their division, %er$er or transfer to satisf the nu%erical standard it i%poses. ts re*uire%ents are satisfied despite so%e nu%erical disparit if the units are conti$uous, co%pact and ad=acent as far as practicable. G Bagabuy: District 7 is com!osed o" !redominantly rural barangays hile District 2 is com!osed mostly o" urban barangays. SC: 4eh ano na%an&5 Bagabuyo does not substantiate his stance. lso, the Constitution does not include develo!ment indicators in its criteria. s long as they "ollo the limits o" the Constitution and la, the lamaers o" Cagayan de Oro are "ree to determine the com!onent barangays o" the legislative districts. •
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DISPOSITION: etition dismissed.