Title/Ponente: AQUINO vs COMELEC (Perez, J)

Facts
1. The said case was filed by the petitioners by way of a Petition for Certiorari and Prohibition
under Rule 65 of the Rules of Court. It was addressed to nullify and declared as
unconstitutional, R.A. 9716 entitled “An Act Reapportioning the Composition of the First
(1st) and Second Legislative Districts (2nd) in the province of Camarines Sur and Thereby
Creating a New Legislative District from such Reapportionment.” the Province of
Camarines Sur was estimated to have a population of 1,693,821
2. Said Act originated from House Bill No. 4264, and it was enacted by President Macapagal-
Arroyo. Effectuating the act, it has divided the existing four districts, and apportioned
districts shall form additional district where the new first district shall be composed of
176,383 population count.
3. Petitioners contend that the reapportionment runs afoul of the explicit constitutional
standard with a minimum population of 250,000 for the creation of a legislative district
under Section 5 (3), Article VI of the 1987 Constitution. It was emphasized as well by the
petitioners that if population is less than that provided by the Constitution, it must be
stricken-down for non-compliance with the minimum population requirement, unless
otherwise fixed by law.
4. Respondents have argued that the petitioners are guilty of two fatal technical effects: first,
error in choosing to assail R.A. 9716 via the Remedy of Certiorari and Prohibition under
Rule 65 of the Rules of Court. And second, petitioners have no locus standi to question
the constitutionality of R.A. 9716.
Issue/s
1. Whether or not Republic Act No. 9716 is unconstitutional and therefore null and void, or
2. Whether or not a population of 250,000 is an indispensable constitutional requirement for
the creation of a new legislative district in a province
Ruling
1. The petition is DISMISSED and RA No. 9716 is declared VALID
2. While in cities, a minimum population of 250,000 must first be satisfied. In 2007,
Camarines Sur had a population of 1,693,821 making the province entitled to two
additional districts from the present of four.
Doctrine/Syllabus
DOCTRINE: Province is entitled to representative, no population requirement; Cities must have
minimum population of 250,000 must first be satisfied

SYLLABUS:

Rules on apportionment:
(1) In accordance with the number of their respective inhabitants and on the basis of a uniform
and progressive ratio
(2) Contiguous, compact, and adjacent territory
(3) Population size

The plain and clear distinction between a city and a province was explained under the second
sentence of Section 5 (3) of the Constitution. It states that a province is entitled into a
representative, with nothing was mentioned about a population. While in cities, a minimum
population of 250,000 must first be satisfied. In 2007, Camarines Sur had a population of
1,693,821 making the province entitled to two additional districts from the present of four. Based
on the formulation of Ordinance, other than population, the results of the apportionment were
valid. And lastly, other factors were mentioned during the deliberations of House Bill No. 4264.