G.R. No.

189793
April 7, 2010
AQUINO III and ROBREDO VS. COMELEC
PREMISES
Premise 1
The Province of Camarines Sur was estimated to have a population of 1,693,821, distributed among four (4)
legislative districts with an average of P400,000.00 per district.
The reapportionment or the recomposition of the first and second legislative districts in the Province of Camarines
Sur that resulted in the creation of a new legislative district is valid even if the population of the new district is
176,383 and not 250,000 as insisted upon by the petitioners.
Premise 2
The respondents deny the existence of a fixed population requirement for the reapportionment of districts in
provinces. The second sentence of Section 5(3), Article VI of the Constitution, succinctly provides: Each city with
a population of at least two hundred fifty thousand, or each province, shall have at least one representative.
Notably, the requirement of population is not an indispensable requirement, but is merely an alternative addition to
the indispensable income requirement.
Premise 3
Republic Act No. 9716 is a well-milled legislation. Republic Act No. 9716 is a well-milled legislation. 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.
On substantive matters, the respondents call attention to an apparent distinction between cities and provinces drawn
by Section 5(3), Article VI of the 1987 Constitution. The respondents concede the existence of a 250,000 population
condition, but argue that a plain and simple reading of the questioned provision will show that the same has no
application with respect to the creation of legislative districts in provinces. Rather, the 250,000 minimum population
is only a requirement for the creation of a legislative district in a city.
CONCLUSION
Conclusion 1
There is no specific provision in the Constitution that fixes a 250,000 minimum population that must compose a
legislative district. Population is not the only factor but is just one of several other factors in the composition of the
additional district.
Conclusion 2
The use by the subject provision of a comma to separate the phrase each city with a population of at least two
hundred fifty thousand from the phrase or each province point to no other conclusion than that the 250,000
minimum population is only required for a city, but not for a province. Plainly read, Section 5(3) of the Constitution
requires a 250,000 minimum population only for a city to be entitled to a representative, but not so for a province.
Conclusion 3
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 is a VALID LAW.