LAMBERTO MACIAS, LORENZO TEVES, FAUSTO DUGENIO, ROGACIANO MERCADO and MARIANO PERDICES, petitioners, s! T"E COMMISSION ON ELECTIONS and VICENTE GELLA in #is Capa$it% as Nationa& Treas'rer, respondents! FACTS( Petitioners request that respondent officials be presented from implementing Republic Act 3040 that apportions representative districts. They alleged that said RA unconstitutional and void because: a! it "as passed by the #ouse of Representatives "ithout printed final copies of the bill having been furnished the $embers at least three calendar days prior to its passage% b! it "as approved more than three years after the return of the last census of our population% and c! it apportioned districts "ithout regard to the number of inhabitants of the several provinces. The respondents respondents aver they "ere "ere merely merely complying "ith their duties under under the statute& statute& "hich they presume and allege to be constitutional. Respondent 'ational Treasurer further avers that petitioners have no personality to bring this action% that a duly certified copy of the la" creates the presumption of its having been passed in accordance "ith the requirements of the (onstitution (onstitution distributi distribution on of printed printed bills bills included included!% !% that the )irector )irector of the (ensus submitted an official report on the population of the Philippines in 'ovember *+,0& "hich repo report rt beca became me the the basi basis s of the the bill bill%% and and that that the the Act Act comp compli lies es "ith "ith the the prin princi cipl ple e of proportional representation representation prescribed by the (onstitution. ISSUES( -' -' RA 3040 3040 violat violates es the princ principl iple e of propo proporti rtiona onall repre represen sentat tative ive stipu stipulat lated ed in the (onstitution. "ELD Repu Republ blic ic Act Act 'o. 'o. 3040 3040 that that gave gave prov provin ince ces s "ith "ith less less numb number er of inha inhabi bita tant nts s more more represen representati tative ve district districts s than those "ith bigger populati population on is declare declared d invalid invalid because because it violates the principle of proportional representation representation prescribed by the (onstitution. The (onstitution directs that the one hundred t"enty $embers of the #ouse of Representatives /shall be apportioned among the several provinces as nearly as may be accordin according g to the number of their their respectiv respective e inhabita inhabitants. nts.// After After hearing hearing the parties parties and considering their memoranda& The (ourt issued a resolution& stating that RA 3040 violates the (onstitution in several "ays namely: a! it gave (ebu seven members& "hile Rial Rial "ith a bigger number of inhabitants got four only% b! it gave $anila four members& "hile (otabato "ith a bigger population got three only% . . .1 /The constitutionality of a statute forming a delegate district or apportioning delegates for the house of delegates is a 2udicial question for the courts& although the statute is an eercise of political po"er./
