This digested case came from the blog of Mr. Richard Renes entitled "Stories from a not-yet-Atty." You may also check his blog for more information, here's the site:
Facts: Petitioner Cirilo Roy G. Montejo, representing the First District of Leyte, pleads for the annulment of Section I of Resolution No. 2736 of the COMELEC, redistricting certain municipalities in Leyte on the ground that it violates the principle of equality of representation. Petitioner seeks to transfer the municipality of Tolosa from his district to the Second District of the province. Intervenor Sergio A.F. Apostol, representing the Second District, vigorously opposed the inclusion of Tolosa in his district.
On January 1, 1992, the Local Government Code took effect. Pursuant to its Section 462, the sub-province of Biliran became a regular province. The consequence was to reduce the Third District to five (5) municipalities with a total population of 145,067 as per the 1990 census.
On December 29, 1994, it promulgated Resolution No. 2736 where, among others, it transferred the municipality of Capoocan of the Second District and the municipality of Palompon of the Fourth District to the Third District of Leyte. The composition of the First District which includes the municipality of Tolosa and the composition of the Fifth District were not disturbed.
In this petition, petitioner insists that Section 1 of Resolution No. 2736 violates the principle of equality of representation ordained in the Constitution.
The intervenor, however, opposed the petition on two (2) grounds: (1) COMELEC has no jurisdiction to promulgate Resolution No. 2736; and (2) assuming it has jurisdiction, said Resolution is in accord with the Constitution. Respondent COMELEC filed its own Comment alleging that it acted within the parameters of the Constitution.
COMELEC relies on the Ordinance appended to the 1987 Constitution as the source of its power of redistricting which is traditionally regarded as part of the power to make laws. The Ordinance is entitled “Apportioning the Seats of the House of Representatives of the Congress of the Philippines to the Different Legislative Districts in Provinces and Cities and the Metropolitan Manila Area.”
Issue: Whether or not COMELEC committed grave abuse of discretion amounting to lack of jurisdiction.http://notyetatty.wordpress.com/
Facts: Petitioner Cirilo Roy G. Montejo, representing the First District of Leyte, pleads for the annulment of Section I of Resolution No. 2736 of the COMELEC, redistricting certain municipalities in Leyte on the ground that it violates the principle of equality of representation. Petitioner seeks to transfer the municipality of Tolosa from his district to the Second District of the province. Intervenor Sergio A.F. Apostol, representing the Second District, vigorously opposed the inclusion of Tolosa in his district.
On January 1, 1992, the Local Government Code took effect. Pursuant to its Section 462, the sub-province of Biliran became a regular province. The consequence was to reduce the Third District to five (5) municipalities with a total population of 145,067 as per the 1990 census.
On December 29, 1994, it promulgated Resolution No. 2736 where, among others, it transferred the municipality of Capoocan of the Second District and the municipality of Palompon of the Fourth District to the Third District of Leyte. The composition of the First District which includes the municipality of Tolosa and the composition of the Fifth District were not disturbed.
In this petition, petitioner insists that Section 1 of Resolution No. 2736 violates the principle of equality of representation ordained in the Constitution.
The intervenor, however, opposed the petition on two (2) grounds: (1) COMELEC has no jurisdiction to promulgate Resolution No. 2736; and (2) assuming it has jurisdiction, said Resolution is in accord with the Constitution. Respondent COMELEC filed its own Comment alleging that it acted within the parameters of the Constitution.
COMELEC relies on the Ordinance appended to the 1987 Constitution as the source of its power of redistricting which is traditionally regarded as part of the power to make laws. The Ordinance is entitled “Apportioning the Seats of the House of Representatives of the Congress of the Philippines to the Different Legislative Districts in Provinces and Cities and the Metropolitan Manila Area.”
Held: COMELEC committed grave abuse of discretion amounting to lack of jurisdiction when it promulgated Section I of its Resolution No. 2736 transferring the municipality of Capoocan of the Second District and the municipality of Palompon of the Fourth District to the Third District of Leyte.
The issue involves a problem of reapportionment of legislative districts and petitioner’s remedy lies with Congress. Section 5(4), Article VI of the Constitution categorically gives Congress the power to reapportion.
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