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Bagabuyo vs comelec
Municipal Corporation Plebiscite
Cagayan de Oro only had one legislative district before. In 2006, CdO
congressman Jaraula sponsored a bill to have two legislative districts in CdO
instead. The law was passed (RA 9371) hence two legislative districts were
created. Bagabuyo assailed the validity of the said law and he went immediately
to the Supreme Court. He was contending that the 2
nd
district was created without
a plebiscite which 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 Oros territory, population and income
classification; hence, no plebiscite is required.