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    Bagabuyo v. Comelec

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    A M I R A
    1) Rogelio Bagabuyo challenged the validity of RA 9371, which created two legislative districts in Cagayan de Oro City instead of the previous single district, on the basis that a plebiscite was required. 2) The Supreme Court ruled that no plebiscite was needed because RA 9371 merely increased Cagayan de Oro's representation in Congress and did not alter the city's boundaries, territory, population, or income classification. 3) Creating two districts through reapportionment based on population changes is allowed under the Constitution and does not require a plebiscite, unlike the creation, division, or merger of local government units.

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    Bagabuyo v. Comelec

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    A M I R A
    568 views2 pages
    1) Rogelio Bagabuyo challenged the validity of RA 9371, which created two legislative districts in Cagayan de Oro City instead of the previous single district, on the basis that a plebiscite was required. 2) The Supreme Court ruled that no plebiscite was needed because RA 9371 merely increased Cagayan de Oro's representation in Congress and did not alter the city's boundaries, territory, population, or income classification. 3) Creating two districts through reapportionment based on population changes is allowed under the Constitution and does not require a plebiscite, unlike the creation, division, or merger of local government units.

    Original Title

    58.-Bagabuyo-v.-Comelec

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    1) Rogelio Bagabuyo challenged the validity of RA 9371, which created two legislative districts in Cagayan de Oro City instead of the previous single district, on the basis that a plebiscite was required. 2) The Supreme Court ruled that no plebiscite was needed because RA 9371 merely increased Cagayan de Oro's representation in Congress and did not alter the city's boundaries, territory, population, or income classification. 3) Creating two districts through reapportionment based on population changes is allowed under the Constitution and does not require a plebiscite, unlike the creation, division, or merger of local government units.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    568 views2 pages

    Bagabuyo v. Comelec

    Uploaded by

    A M I R A
    1) Rogelio Bagabuyo challenged the validity of RA 9371, which created two legislative districts in Cagayan de Oro City instead of the previous single district, on the basis that a plebiscite was required. 2) The Supreme Court ruled that no plebiscite was needed because RA 9371 merely increased Cagayan de Oro's representation in Congress and did not alter the city's boundaries, territory, population, or income classification. 3) Creating two districts through reapportionment based on population changes is allowed under the Constitution and does not require a plebiscite, unlike the creation, division, or merger of local government units.

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    58.

    BAGABUYO VS COMELEC

    G.R. No. 176970            


    December 8, 2008
    ROGELIO Z. BAGABUYO, petitioner, 
    vs.
    COMMISSION ON ELECTIONS, respondent.

    BRION, J.:

    Petition for certiorari, prohibition, and mandamus, with a prayer for the issuance of a
    temporary restraining order and a writ of preliminary injunction, filed by Rogelio Bagabuyo
    (petitioner) to prevent the Commission on Elections (COMELEC) from implementing
    Resolution No. 7837 on the ground that Republic Act No. 93712 - the law that Resolution
    No. 7837 implements - is unconstitutional.

    Facts:
    Cagayan de Oro used to have only one legislative district. But in 2006, CdO Congressman
    Constantino Jaraula sponsored a bill to have two legislative districts in CdO instead. The
    law was passed (RA 9371) hence two legislative districts were created. Rogelio Bagabuyo
    assailed the validity of the said law and he went immediately to the Supreme Court to enjoin
    the COMELEC from enforcing the law in the upcoming elections. Bagabuyo was contending
    that the 2nd district was created without a plebiscite which he averred was required by the
    Constitution.

    Issue: Whether or not a plebiscite was required in the case at bar.

    Held:
    No, a plebiscite is not required in the case at bar. RA 9371 merely increased the
    representation of Cagayan de Oro City in the House of Representatives and Sangguniang
    Panglungsod pursuant to Section 5, Article VI of the 1987 Constitution; the criteria
    established under Section 10, Article X of the 1987 Constitution only apply when there is a
    creation, division, merger, abolition or substantial alteration of boundaries of a province, city,
    municipality, or barangay; in this case, no such creation, division, merger, abolition or
    alteration of boundaries of a local government unit took place; and R.A. No. 9371 did not
    bring about any change in Cagayan de Oro’s territory, population and income classification;
    hence, no plebiscite is required. What happened here was a reapportionment of a single
    legislative district into two legislative districts. Reapportionment is the realignment or
    change in legislative districts brought about by changes in population and mandated by the
    constitutional requirement of equality of representation. 

    Before, Cagayan de Oro had only one congressman and 12 city council members citywide
    for its population of approximately 500,000. By having two legislative districts, each of them
    with one congressman, Cagayan de Oro now effectively has two congressmen, each one
    representing 250,000 of the city’s population.  This easily means better access to their
    congressman since each one now services only 250,000 constituents as against the
    500,000.

    In fact, for cities, all it asks is that "each city with a population of at least two hundred fifty
    thousand shall have one representative," while ensuring representation for every province
    regardless of the size of its population. To ensure quality representation through
    commonality of interests and ease of access by the representative to the constituents, all
    that the Constitution requires is that every legislative district should comprise, as far as
    practicable, contiguous, compact, and adjacent territory. Thus, the Constitution leaves the
    local government units as they are found and does not require their division, merger or
    transfer to satisfy the numerical standard it imposes. Its requirements are satisfied despite
    some numerical disparity if the units are contiguous, compact and adjacent as far as
    practicable.

    What the components of the two districts of Cagayan de Oro would be is a matter for the
    lawmakers to determine as a matter of policy. In the absence of any grave abuse of
    discretion or violation of the established legal parameters, the Court cannot intrude into the
    wisdom of these policies.

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