Professional Documents
Culture Documents
Aquino and Robredo v. COMELEC, G.R. No. 189793, April 07, 2010 - Gerrymanding - Highlighted 1
Aquino and Robredo v. COMELEC, G.R. No. 189793, April 07, 2010 - Gerrymanding - Highlighted 1
_______________
* EN BANC.
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 1/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
624
625
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 2/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
626
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 3/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
627
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 4/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
628
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 5/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 6/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
629
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 7/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
630
PEREZ, J.:
This case comes before this Court by way of a Petition
for Certiorari and Prohibition under Rule 65 of the Rules of
Court. In this original action, petitioners Senator Benigno
Simeon C. Aquino III and Mayor Jesse Robredo, as public
officers, taxpayers and citizens, seek the nullification as
unconstitutional of 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.” Petitioners
consequently pray that the respondent Commission on
Elections be restrained from making any issuances and
from taking any steps relative to the implementation of
Republic Act No. 9716.
Republic Act No. 9716 originated from House Bill No.
4264, and was signed into law by President Gloria
Macapagal Arroyo on 12 October 2009. It took effect on 31
October 2009, or fifteen (15) days following its publication
in the Manila Stan-
631
_______________
1 Republic Act No. 9716 was published in the 15 October 2009 issue of
the Manila Standard.
2 Figures based on the 2007 Census of Population conducted by the
National Statistics Office.
632
Pamplona Gainza
Pasacao Milaor
Presentacion
5th District Iriga Buhi 429,070
(formerly 4th Baao Bula
District)
Balatan Nabua
Bato
_______________
633
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 10/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
4 Rollo, p. 40.
5 Id., at p. 12.
6 Id., at pp. 14-15.
634
Article VI
“Section 5. (1) x x x x
(2) x x x x
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 11/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
The petitioners posit that the 250,000 figure appearing
in the above-cited provision is the minimum population
requirement for the creation of a legislative district.7 The
petitioners theorize that, save in the case of a newly
created province, each legislative district created by
Congress must be supported by a minimum population of
at least 250,000 in order to be valid.8 Under this view,
existing legislative districts may be reapportioned and
severed to form new districts, provided each resulting
district will represent a population of at least 250,000. On
the other hand, if the reapportionment would result in the
creation of a legislative seat representing a populace of less
than 250,000 inhabitants, the reapportionment must be
stricken down as invalid for non-compliance with the
minimum population requirement.
In support of their theory, the petitioners point to what
they claim is the intent of the framers of the 1987
Constitution to adopt a population minimum of 250,000 in
the creation of additional legislative seats.9 The petitioners
argue that when the Constitutional Commission fixed the
original number of district seats in the House of
Representatives to two hundred (200), they took into
account the projected national population of fifty five
million (55,000,000) for the year 1986.10 According to the
petitioners, 55 million people represented by
_______________
7 Id.
8 Id.
9 Id., at p. 16.
10 Id.
635
Article VI
“Section 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.
(2) x x x x
_______________
11 Id.
12 Id., at pp. 12-13.
636
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 13/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
13 Id., at p. 96.
637
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 14/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 15/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
639
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 16/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
640
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 17/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
641
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 18/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
642
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 19/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
644
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 21/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
32 Id.
645
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 22/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
added that Cuyo and Coron are very important towns in the
northern part of Palawan and, in fact, Cuyo was the capital of
Palawan before its transfer to Puerto Princesa. He also pointed
out that there are more potential candidates in the north and
therefore if Puerto Princesa City and the towns of Cuyo and
Coron are lumped together, there would be less candidates in the
south, most of whose inhabitants are not interested in politics. He
then suggested that Puerto Princesa be included in the south or
the Second District.
Mr. Davide stated that the proposal would be considered
during the period of amendments. He requested that the
COMELEC staff study said proposal.33
“PROPOSED AMENDMENT OF MR. NOLLEDO
On the districting of Palawan, Mr. Nolledo pointed out that it
was explained in the interpellations that District I has a total
population of 265,358 including the City of Puerto Princesa, while
the Second District has a total population of 186,733. He
proposed, however, that Puerto Princesa be included in the
Second District in order to satisfy the contiguity requirement in
the Constitution considering
_______________
646
that said City is nearer the southern towns comprising the Second
District.
In reply to Mr. Monsod’s query, Mr. Nolledo explained that
with the proposed transfer of Puerto Princesa City to the Second
District, the First District would only have a total population of
190,000 while the Second District would have 262,213, and there
would be no substantial changes.
Mr. Davide accepted Mr. Nolledo’s proposal to insert Puerto
Princesa City before the Municipality of Aborlan.
There being no objection on the part of the Members the same
was approved by the Body.
APPROVAL OF THE APPORTIONMENT AND
DISTRICTING OF PALAWAN
“At this juncture, Mr. Davide informed the Body that Mr.
Regalado made a reservation with the Committee for the possible
reopening of the approval of Region I with respect to Benguet and
Baguio City.
REMARKS OF MR. REGALADO
Mr. Regalado stated that in the formulation of the Committee,
Baguio City and Tuba are placed in one district. He stated that he
was toying with the idea that, perhaps as a special consideration
for Baguio because it is the summer capital of the Philippines,
Tuba could be divorced from Baguio City so that it could, by itself,
have its own constituency and Tuba could be transferred to the
Second Dis-
_______________
34 Id., at p. 1867.
647
trict together with Itogon. Mr. Davide, however, pointed out that
the population of Baguio City is only 141,149.
Mr. Regalado admitted that the regular population of Baguio
may be lower during certain times of the year, but the transient
population would increase the population substantially and,
therefore, for purposes of business and professional transactions,
it is beyond question that population-wise, Baguio would more
than qualify, not to speak of the official business matters,
transactions and offices that are also there.
Mr. Davide adverted to Director de Lima’s statement that
unless Tuba and Baguio City are united, Tuba will be isolated
from the rest of Benguet as the place can only be reached by
passing through Baguio City. He stated that the Committee
would submit the matter to the Body.
Upon inquiry of the Chair whether he is insisting on his
amendment, Mr. Regalado stated that the Body should have a say
on the matter and that the considerations he had given are not on
the demographic aspects but on the fact that Baguio City is the
summer capital, the venue and situs of many government offices
and functions.
On motion of Mr. Davide, there being no objection, the Body
approved the reconsideration of the earlier approval of the
apportionment and districting of Region I, particularly Benguet.
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 24/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
35 Id., at p. 1872.
648
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 25/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
649
_______________
40 Rollo, p. 4.
650
_______________
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 27/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
651
_______________
Now, the first district of Camarines Sur is so big that it consists of 40%
of the province, area-wise. Libmanan is the biggest municipality in the
entire or present first district. It stuck in the middle. We cannot move that
no matter what—because that is the biggest. Anyway, we move it left, we
move it right, it would change the configuration. Those are the practical
difficulties in trying to figure out how. That is the situation. As we see,
there is a water extension of the gulf. We cannot connect them because
they are separated by water. So it is no longer contiguous because it is
separated by water and there is nothing we can do about it. That is what I
was saying about mathematical formula. We cannot have mathematical
formula when a natural boundary like water cannot make the
municipalities contiguous. That is the picture. It is all there.
The violet is the tagalog-speaking province. The green is the Bicol-
speaking province so that is the only way to divide it. So much has been
done in the Lower House in trying to figure it out. But as long as the three
Congressman do not agree, then there is nothing we can do about it. That
Representative, what the Congressman say in his district is “king”. He is
the king there, there is nothing we can do about it. We respect that.
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 28/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
652
DISSENTING OPINION
CARPIO, J.:
I dissent. The majority opinion wreaks havoc on the
bedrock principle of our “democratic and republican State”1
that
_______________
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 29/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
653
_______________
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 30/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
3 The creation of the union of the United States of America was nearly
aborted because of the bitter controversy in the drafting of the US
Constitution on the manner of representation to the US Con-
654
_______________
gress. The debate pitted, on the one hand, small States which wanted
representation by State and, on the other hand, delegates who insisted on direct
representation, consistent with democratic ideals. The impasse was broken by
what is popularly known as the Great Compromise, allowing States to send two
representatives to the US Senate (regardless of population) and reserving
membership in the US House of Representatives to Congressmen directly elected
by the people in legislative districts based on proportional representation. (See
Wesberry v. Sanders, 376 U.S. 1 [1964].)
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 31/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
655
_______________
656
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 32/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
“(a) x x x gave Cebu seven members, while Rizal with a bigger
number of inhabitants got four only; (b) x x x gave Manila four
members, while Cotabato with a bigger population got three only;
(c) [gave] Pangasinan with less inhabitants than both Manila and
Cotabato x x x more than both, five members having been
assigned to it; (d) [gave] Samar (with 871,857) four members
while Davao with 903,224 got three only; (e) [gave] Bulacan with
557,691 x x x two only, while Albay with less inhabitants
(515,691) got three, and (f) [gave] Misamis Oriental with 387,839
x x x one member only, while Cavite with less inhabitants
(379,904) got two.”14 x x x x
_______________
657
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 33/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
Isabela, Laguna and Cagayan with more inhabitants have 2 each. And
then, Capiz, La Union and Ilocos Norte got 2 each, whereas Sulu that has
more inhabitants got 1 only. And Leyte with 967,323 inhabitants got 4
only, whereas Iloilo with less inhabitants (966,145) was given 5.” (Id. at 6.)
658
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 34/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
660
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 36/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
661
_______________
% Variation
District No. Population From Ideal
1 176,383 - 47.9
2 276,777 - 18.3
3 439,043 + 29.6
4 372,548 + 9.9
5 429,070 + 26.6
663
_______________
23 Karcher v. Daggett, 462 U.S. 725 (1983). The U.S. Supreme Court
declared:
Article I, § 2 establishes a “high standard of justice and common sense”
for the apportionment of congressional districts: “equal representation for
equal numbers of people.” x x x. Precise mathematical equality, however,
may be impossible to achieve in an imperfect world; therefore the “equal
representation” standard is enforced only to the extent of requiring that
districts be apportioned to achieve population equality “as nearly as is
practicable.” x x x As we explained further in Kirkpatrick v. Preisler,
supra:
“[T]he ‘as nearly as practicable’ standard requires that
the State make a good-faith effort to achieve precise
mathematical equality. x x x. Unless population variances
among congressional districts are shown to have resulted
despite such effort, the State must justify each variance, no
matter how small.”
Article I, § 2, therefore, “permits only the limited population
variances which are unavoidable despite a good-faith effort to
achieve absolute equality, or for which justification is shown.”
xxx
x x x Adopting any standard other than population equality,
using the best census data available, x x x would subtly erode the
664
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 40/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
665
_______________
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 41/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
666
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 42/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
667
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 43/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
668
_______________
669
_______________
670
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 46/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
671
_______________
672
CARPIO-MORALES, J.:
I concur with the ponencia’s discussion on the
procedural issue.
“Transcendental importance” doctrine aside, petitioners
have the requisite locus standi. Petitioners are suing not
only as lawmakers but as taxpayers and citizens as well. At
the initiative of a taxpayer, a statute may be nullified, on
the supposition that expenditure of public funds for the
purpose of administering an unconstitutional act
constitutes a misapplication of such funds.1 Republic Act
No. 9716 (R.A. 9716) mandates the creation of another
legislative district and indubitably involves the
expenditure of public funds.
I DISSENT, however, on the ponencia’s conclusion, on
the substantive issue, that a population of 250,000 is not
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 48/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
673
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 49/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
674
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 50/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
676
_______________
676
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 52/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
677
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 53/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
678
District 3: 21.99%
District 4: 25.33%
District 3: 25.9%
(former District 3)
District 4: 21.99%
District 5: 25.33% (former District 4)
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 54/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
_______________
679
_______________
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 55/58
11/29/22, 2:12 PM SUPREME COURT REPORTS ANNOTATED VOLUME 617
15 Decision, p. 23. These are dialects spoken, size of the original groupings,
natural division of the Municipality of Libmanan from the reconfigured first
district and the balancing of the areas of the first three districts.
16 377 U.S. 533 (1964).
680
_______________
681
Petition dismissed.
682
https://www.central.com.ph/sfsreader/session/00000184c204dde0c4d37288000d00d40059004a/t/?o=False 58/58