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  • WON RA 9716 Is Unconstitutional - NO An: Province, Shall Have at Least One Representative

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    The document discusses a case regarding the constitutionality of RA 9716, which sets population requirements for legislative districts. It provides arguments from respondents that: 1) The Philippine Constitution sets different population requirements for cities versus provinces when creating legislative districts, requiring 250,000 only for cities. 2) Petitioners should have filed a declaratory relief petition instead of certiorari and prohibition. 3) Petitioners did not prove they would be substantially injured by the law. The main issue was whether RA 9716 is unconstitutional, and the court found it was not as the 250,000 population minimum only applies to cities under the Constitution.

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    The document discusses a case regarding the constitutionality of RA 9716, which sets population requirements for legislative districts. It provides arguments from respondents that: 1) The Philippine Constitution sets different population requirements for cities versus provinces when creating legislative districts, requiring 250,000 only for cities. 2) Petitioners should have filed a declaratory relief petition instead of certiorari and prohibition. 3) Petitioners did not prove they would be substantially injured by the law. The main issue was whether RA 9716 is unconstitutional, and the court found it was not as the 250,000 population minimum only applies to cities under the Constitution.

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    16 views1 page

    WON RA 9716 Is Unconstitutional - NO An: Province, Shall Have at Least One Representative

    Uploaded by

    sitsee watch
    The document discusses a case regarding the constitutionality of RA 9716, which sets population requirements for legislative districts. It provides arguments from respondents that: 1) The Philippine Constitution sets different population requirements for cities versus provinces when creating legislative districts, requiring 250,000 only for cities. 2) Petitioners should have filed a declaratory relief petition instead of certiorari and prohibition. 3) Petitioners did not prove they would be substantially injured by the law. The main issue was whether RA 9716 is unconstitutional, and the court found it was not as the 250,000 population minimum only applies to cities under the Constitution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    250,000 per legislative district.

    When the ConCom fixed the original number of district seats in the House of Representatives to 200,
    they took into account the projected national population of 55,000,000 in 1986.
    2. RA 9716 violates the principle of proportional representation provided in Sec. 5 par (1), (3) and (4), Art. VI of the Constitution.1

    Respondents arguments:
    Substantive:
    1. There is an apparent distinction between cities and provinces drawn by Sec. 5(3), Art. VI of the Constitution. The 250,000 population
    is a condition only as to the creation of a legislative district in a city and not to a province.
    Procedural:
    1. The petitioners should have filed a petition for Declaratory Relief because it was to declare a law unconstitutional, not Certiorari and
    Prohibition.
    2. Petitioners have no locus standi as they have not proven that they will incur any substantial injury by the implementation of the law.

    ISSUES & RATIO:


    1. WON RA 9716 is unconstitutional - NO
    Sec. 5(3) of Art. VI requires a 250,000 minimum population only for a city to be entitled to a representative, but not so for a province.
    An

    1
    Article VI , Sec 5 (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative
    districts apportioned among the provinces, cities and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive
    ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional and sectoral parties or organizations.
    (3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each
    province, shall have at least one representative
    (4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

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