G.R. No. 189793 April 7, 2010

G.R. No.
189793 April 7, 2010
SENATOR BENIGNO SIMEON C. AQUINO III and MAYOR JESSE ROBREDO, Petitioners,

vs.
COMMISSION ON ELECTIONS represented by its Chairman JOSE A.R. MELO and its
Commissioners, RENE V. SARMIENTO, NICODEMO T. FERRER, LUCENITO N. TAGLE,
ARMANDO VELASCO, ELIAS R. YUSOPH AND GREGORIO LARRAZABAL, Respondents.
DECISION
PEREZ, J.:
This case comes before this Court by way of a Petition for Certiorari and Prohibition under Rule 65
of the Rules of Court. In this original action, petitioners Senator Benigno Simeon C. Aquino III and
Mayor Jesse Robredo, as public officers, taxpayers and citizens, seek the nullification as
unconstitutional of Republic Act No. 9716, entitled "An Act Reapportioning the Composition of the
First (1st) and Second (2nd) Legislative Districts in the Province of Camarines Sur and Thereby
Creating a New Legislative District From Such Reapportionment." Petitioners consequently pray that
the respondent Commission on Elections be restrained from making any issuances and from taking
any steps relative to the implementation of Republic Act No. 9716.
Republic Act No. 9716 originated from House Bill No. 4264, and was signed into law by President
Gloria Macapagal Arroyo on 12 October 2009. It took effect on 31 October 2009, or fifteen (15) days
following its publication in the Manila Standard, a newspaper of general circulation.1 In substance,
the said law created an additional legislative district for the Province of Camarines Sur by
reconfiguring the existing first and second legislative districts of the province.
Prior to Republic Act No. 9716, the Province of Camarines Sur was estimated to have a population
of 1,693,821,2 distributed among four (4) legislative districts in this wise:
District Municipalities/Cities Population

1st District Del Gallego Libmanan 417,304
Ragay Minalabac
Lupi Pamplona
Sipocot Pasacao
Cabusao San
Fernando
2nd District Gainza Canaman 474,899
Milaor Camaligan
Naga Magarao
Pili Bombon
Ocampo Calabanga
3rd District Caramoan Sangay 372,548
Garchitorena San Jose
Goa Tigaon
Lagonoy Tinamba
Presentacio Siruma
n
4th District Iriga Buhi 429,070
Baao Bula
Balatan Nabua
Bato
Following the enactment of Republic Act No. 9716, the first and second districts of Camarines Sur
were reconfigured in order to create an additional legislative district for the province. Hence, the first
district municipalities of Libmanan, Minalabac, Pamplona, Pasacao, and San Fernando were
combined with the second district municipalities of Milaor and Gainza to form a new second
legislative district. The following table3 illustrates the reapportionment made by Republic Act No.
9716:
District Municipalities/Cities Population

1st District Del Gallego 176,383
Ragay
Lupi
Sipocot
Cabusao
2nd District Libmanan San 276,777
Minalabac Fernando
Pamplona Gainza
Pasacao Milaor
3rd District (formerly 2nd Naga Camaligan 439,043
District) Pili Magarao
Ocampo Bombon
Canaman Calabanga
4th District (formerly 3rd District) Caramoan Sangay 372,548
Garchitorena San Jose
Goa Tigaon
Lagonoy Tinamba
Presentacion Siruma
5th District (formerly 4th District) Iriga Buhi 429,070
Baao Bula
Balatan Nabua
Bato
Republic Act No. 9716 is a well-milled legislation. The factual recitals by both parties of the origins of
the bill that became the law show that, from the filing of House Bill No. 4264 until its approval by the
Senate on a vote of thirteen (13) in favor and two (2) against, the process progressed step by step,
marked by public hearings on the sentiments and position of the local officials of Camarines Sur on
the creation of a new congressional district, as well as argumentation and debate on the issue, now
before us, concerning the stand of the oppositors of the bill that a population of at least 250,000 is
required by the Constitution for such new district.4
Petitioner Aquino III was one of two senators who voted against the approval of the Bill by the
Senate. His co-petitioner, Robredo, is the Mayor of Naga City, which was a part of the former
second district from which the municipalities of Gainza and Milaor were taken for inclusion in the
new second district. No other local executive joined the two; neither did the representatives of the
former third and fourth districts of the province.
Petitioners contend that the reapportionment introduced by Republic Act No. 9716, runs afoul of the
explicit constitutional standard that requires a minimum population of two hundred fifty thousand
(250,000) for the creation of a legislative district.5 The petitioners claim that the reconfiguration by
Republic Act No. 9716 of the first and second districts of Camarines Sur is unconstitutional, because
the proposed first district will end up with a population of less than 250,000 or only 176,383.
Petitioners rely on Section 5(3), Article VI of the 1987 Constitution as basis for the cited 250,000
minimum population standard.6 The provision reads:

G.R. No. 189793 April 7, 2010

Uploaded by

Copyright:

Available Formats

G.R. No. 189793 April 7, 2010

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

G.R. No. 189793 April 7, 2010

Uploaded by

Copyright:

Available Formats

G.R. No.

189793 April 7, 2010

SENATOR BENIGNO SIMEON C. AQUINO III and MAYOR JESSE ROBREDO, Petitioners,

District Municipalities/Cities Population

District Municipalities/Cities Population

You might also like