AQUINO III v.

COMELEC
G.R. No. L-189793 | Perez, J. | April 7, 2010
Legislative Department
Apportionment of Legislative Districts

DOCTRINE: The use by Section 5 (3) of Article VI of the 1987 Constitution 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.

RELEVANT FACTS
Petitioners, Senator Benigno Simeon C. Aquino III and Mayor Jesse Robredo, as public officers, taxpayers and
citizens, filed a petition for Certiorari and Prohibition for the nullification and declaration of the unconstitutionality of
RA 9716 entitled, “An Act Reapportioning the Composition of the First and Second Legislative Districts in the province
of Camarines Sur and Thereby Creating a New Legislative District from such Reapportionment.” Such law was approved
by President GMA which divided the four existing districts and apportioned districts that shall form additional district
where the new first district shall be composed of 176,383 population count.
Petitioners contend that the reapportionment runs afoul of the constitutional provision which set the
standard to a minimum population of 250,000 for the creation of a legislative district under Section 5 (3), Article VI of
the 1987 Constitution which provides:

Article VI
Section 5.
(1) x x x x
(2) x x x x
(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.

Respondents counter that the petitioners are guilty of two fatal technical effects:
1. Error in choosing to assail RA 9716 via the Certiorari and Prohibition;
2. Petitioners do not have the locus standi to question the Constitutionality of said law.

ISSUE
Whether or not a population of 250,000 is an indispensable constitutional requirement for the creation of a
new legislative district in a province – NO

RATIO DECIDENDI
Despite the absence of locus standi, Supreme Court proceeded to rule on the matter because of its
transcendental importance. The SC held that the plain and clear distinction between a city and a province was
explained under the second sentence of Section 5 (3) of Article VI of the 1987 Constitution. Such provides that a
province is entitled to a representative, without mentioning about a population. While in cities, a minimum population
of 250,000 must first be satisfied. 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. In 2007,
Camarines Sur had a population of 1,693,821 making the province entitled to two additional districts from the present
four. Hence, 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.

RULING
WHEREFORE, the petition is hereby DISMISSED. 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.
SO ORDERED.
OVDGIII | 1