BAI SANDRA S.A. SEMA v. COMMISSION ON ELECTIONS and DIDAGEN P.

DILANGALEN
G.R. No. 177597, 558 SCRA 700
July 16, 2008
Carpio, J.

SUBJECT MATTER:
E. Dynamics Among the Branches of Government; 3. Delegation of Powers

Petitioner(s): BAI SANDRA S.A. SEMA

Respondent(s): COMMISSION ON ELECTIONS and DIDAGEN P. DILANGALEN

SUMMARY:
The ARMM Regional Assembly enacted a regional law creating the Province of Shariff Kabunsuan, to be made up of eight
municipalities. These eight municipalities, together with Cotabato City, comprise the First District of Maguindanao. The
same regional law passed by the ARMM Regional Assembly provided that the First District of Maguindanao would subsist
despite the creation of the Province of Shariff Kabunsuan. The COMELEC passed a Resolution renaming the First District
of Maguindanao to “Shariff Kabunsuan Province with Cotabato City.”

Petitioner Sema filed a petition for certiorari and prohibition contending that Shariff Kabunsuan was entitled to its own
legislative district and that the COMELEC Resolution should be declared void. She argued that the ARMM Regional
Assembly had the power to create provinces under the law that created it, and that under the Constitution (particularly art.
VI, § 5(3), as well as § 3 of the Ordinance appended to the Constitution), the creation of a new province necessarily
brought about the creation of a new legislative district, since the Constitution provides that every province is entitled to at
least one representative in the House of Representatives. On the other hand, respondents argued that the ARMM
Regional Assembly could not create provinces because the power to create provinces was not among the powers
expressly granted by the Constitution to autonomous regions.

ISSUE: The issue here was whether or not the ARMM Regional Assembly had the power to create provinces and cities.

The Court held that the ARMM Regional Assembly did not have the power to create provinces or cities, and the provision
in R.A. No. 9054 that granted that power to the ARMM Regional Assembly was unconstitutional.

1. CANNOT CREATE PROVINCES: The ARMM Regional Assembly did not have the power to create provinces because
the creation of a province necessarily brought about the creation of a legislative district, and only Congress had the power
to create a legislative district.
 The Constitution provides that every province shall be entitled to at least one representative in the House of
Representatives.

2. CANNOT CREATE CITIES: The ARMM Regional Assembly also did not have the power to create a city, because once
a city reaches a population of 250,000, the Constitution provides that it would similarly be entitled to at least one
representative in the House of Representatives.

3. ONLY CONGRESS MAY CREATE A LEGISLATIVE DISTRICT:

a. INFERIOR/SUPERIOR: Only Congress may create a legislative district because an inferior legislative body created by
a superior legislative body cannot alter the membership of the superior legislative body that created it.

b. CONSTITUTION: Furthermore, Art. VI, Sec. 5 of the Constitution grants solely to Congress the power to increase the
allowable membership in the House of Representatives and to reapportion legislative districts.

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  Nothing in Art. X, Sec. 20 grants to autonomous regions the power to create or reapportion legislative districts. In
fact, the same provision expressly limits the coverage of the Regional Assembly’s legislative powers within its
territorial jurisdiction.

c. R.A. 9054: R.A. 9054 provides that the ARMM Regional Assembly may exercise legislative powers except on certain
matters, among which are national elections.
 It therefore follows that the ARMM Regional Assembly had no legislative power to create a legislative district
whose representative is elected in national elections.
 The office of a representative to Congress is a national office, and its occupant, a Member of the House of
Representatives, is a national official.

CONCLUSION: In view of the above, the regional law creating the province of Shariff Kabunsuan was declared void.

JUSTICE TINGA: Justice Tinga filed a concurring and dissenting opinion. He concurred in the result but dissented from
the part of the Court’s decision that said that the ARMM Regional Assembly could not create a province or a city. In his
opinion, Congress may delegate to the ARMM Regional Assembly the power to create a province or a city as long as the
minimum requirements set out in Local Government Code were met. Nothing in the Constitution bars Congress from
delegating to the autonomous regions the power to create provinces, cities, and other local government units. Nothing in
Art. X, Sec. 10 of the Constitution limits the power to create LGUs to Congress alone.

However, Justice Tinga agreed that only Congress has the power to increase the membership of the House of
Representatives. Shariff Kabunsuan cannot acquire its own legislative district unless Congress itself accedes to the
passage of a law that establishes it.

ANTECEDENT FACTS:
● The ARMM Regional Assembly enacted Muslim Mindanao Autonomy Act No. 201, which created the Province of
Shariff Kabunsuan, composed of the eight municipalities in the First District of Maguindanao. The same Act
provided that the existing First District of Maguindanao, which was composed of the eight municipalities and
Cotabato City, would subsist.
○ The only legislative district left in the Province of Maguindanao was its Second Legislative District.
Cotabato City, though part of Maguindanao’s First Legislative District, was not part of the Province of
Maguindanao.
● The COMELEC issued three Resolutions:
○ The first Resolution (Resolution No. 07-0407 of March 6, 2007) stated that Cotabato City and Shariff
Kabunsuan comprised the First Legislative District of Maguindanao. In other words, the Resolution
maintained the status quo pending the enactment of the appropriate law by Congress.
○ The second Resolution (Resolution No. 7845 of March 29, 2007) stated that only Cotabato City
comprised the First District of Maguindanao following the enactment of MMA Act No. 201.
○ The third Resolution (Resolution No. 7902 of May 10, 2007) renamed the First District of Maguindanao to
“Shariff Kabunsuan Province with Cotabato City (formerly First District of Maguindanao with Cotabato
City).”
● Petitioner Sema, a candidate in the May 2007 elections for Representative of “Shariff Kabunsuan with Cotabato
City,” filed a petition for certiorari and prohibition praying for the nullification of the third COMELEC Resolution and
the exclusion of the votes cast in Cotabato City from the canvassing of votes for the position that she ran for. She
○ Sema argued that in issuing the Resolution, the COMELEC usurped the power of Congress to create or
reapportion legislative districts.
○ Sema contended that Art. VI, Sec. 19 of R.A. 9054—which granted the ARMM Regional Assembly the
power to “create, divide, merge, abolish, or substantially alter boundaries of provinces, cities,
municipalities, or barangays in accordance with the criteria laid down by [. . .] the Local Government
Code”—was a constitutional delegation of legislative power.
■ She also argued that the creation of a new province by the ARMM Regional Assembly
necessarily brought about the creation of a new legislative district because the Constitution
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 provides that every province shall be entitled to at least one representative in the House.
Therefore, Shariff Kabunsuan was entitled to one representative.
○ On the other hand, respondents Dilangalen and the COMELEC, through the OSG, contended that Art. VI,
Sec. 19 of R.A. 9054 was unconstitutional because the power to create provinces was not among those
granted to autonomous regions under Art. X, Sec. 20 of the Constitution.
■ In other words, respondents argued that the ARMM Regional Assembly did not have the power to
create provinces.
■ Respondents further argued that only a province created by an act of Congress was entitled to at
least one representative in the House under the Constitution. Recognizing a legislative district in
every province that the ARMM Regional Assembly creates would lead to the disproportionate
representation of the ARMM in the House of Representatives.

ISSUE(S), RULE, AND ANALYSIS:

ISSUE(S):
1. WON Art. VI, Sec. 19 of R.A. 9054, which delegated to the ARMM Regional Assembly the power to create
provinces, cities, municipalities, and barangays, is constitutional — NO
2. If the ruling on the first issue is in the affirmative: WON a province created by the ARMM Regional Assembly is
entitled to one representative in the House of Representatives without need of a national law creating a legislative
district for the province — NO
3. WON COMELEC Resolution No. 7902 is valid for maintaining the status quo in the First Legislative District of
Mindanao (as “Shariff Kabunsuan Province with Cotabato City”) despite the creation of the Province of Shariff
Kabunsuan out of the district, save only for Cotabato City — YES

RULE (APPLICABLE LAW/JURISPRUDENCE):

1. R.A. 9054, art. VI, § 19
 Creation, Division or Abolition of Provinces, Cities, Municipalities or Barangay. - The Regional Assembly may
create, divide, merge, abolish, or substantially alter boundaries of provinces, cities, municipalities, or
barangay in accordance with the criteria laid down by Republic Act No. 7160, the Local Government Code of
1991, subject to the approval by a majority of the votes cast in a plebiscite in the political units directly
affected. The Regional Assembly may prescribe standards lower than those mandated by Republic Act No.
7160, the Local Government Code of 1991, in the creation, division, merger, abolition, or alteration of the
boundaries of provinces, cities, municipalities, or barangay. Provinces, cities, municipalities, or barangay
created, divided, merged, or whose boundaries are altered without observing the standards prescribed by
Republic Act No. 7160, the Local Government Code of 1991, shall not be entitled to any share of the taxes
that are allotted to the local government units under the provisions of the Code.

The financial requirements of the provinces, cities, municipalities, or barangay so created, divided, or merged
shall be provided by the Regional Assembly out of the general funds of the Regional Government.

The holding of a plebiscite to determine the will of the majority of the voters of the areas affected by the
creation, division, merger, or whose boundaries are being altered as required by Republic Act No. 7160, the
Local Government Code of 1991, shall, however, be observed.

The Regional Assembly may also change the names of local government units, public places and institutions,
and declare regional holidays.

2. Const. art. VI, § 5(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.

3. Const. art. X, § 10
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  No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary
substantially altered, except in accordance with the criteria established in the local government code and
subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.

4. Const. art. X, § 20
 Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic
act of autonomous regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of
the region.

5. § 1 of the Ordinance appended to the Constitution

 Apportioned two legislative districts to the Province of Maguindanao

6. § 3 of the Ordinance appended to the Constitution

 Any province that may hereafter be created, or any city whose population may hereafter increase to more
than two hundred fifty thousand shall be entitled in the immediately following election to at least one Member
or such number of Members as it may be entitled to on the basis of the number of its inhabitants and
according to the standards set forth in paragraph (3), Section 5 of Article VI of the Constitution. The number of
Members apportioned to the province out of which such new province was created or where the city, whose
population has so increased, is geographically located shall be correspondingly adjusted by the Commission
on Elections but such adjustment shall not be made within one hundred and twenty days before the election.

ANALYSIS:

RULING APPLICATION OF RULE BASED ON FACTS

1. NO, the statutory provision
delegating to the ARMM
Regional Assembly the power
to create provinces and cities
is unconstitutional. However,
Congress can delegate to the
ARMM Regional Assembly the
power to create municipalities
and barangays.
● Congress cannot delegate to the ARMM Regional Assembly the
power to create provinces, since the creation of a province
necessarily brings about the creation of a legislative district, and only
Congress may create legislative districts. Neither can Congress
delegate to the ARMM Regional Assembly the power to create cities,
because once that city reaches a population of 250,000, it would be
entitled to at least one representative in the House.
○ Art. VI, Sec. 5(3) of the Constitution provides that “[e]ach city
with a population of at least two hundred fifty thousand, or
each province, shall have at least one representative” in the
House of Representatives.
○ Sec. 3 of the Ordinance appended to the Constitution
provides that “[a]ny province that may hereafter be created,
or any city whose population may hereafter increase to more
than two hundred fifty thousand shall be entitled in the
immediately following election to at least one Member” of the
House of Representatives.
○ A province cannot be created without creating a new

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 legislative district. Otherwise, it would violate the above
constitutional provisions.
● Only Congress may create legislative districts because Art. VI, Sec. 5
of the Constitution grants solely to Congress the power to increase
the allowable membership in the House of Representatives and to
reapportion legislative districts.
○ An inferior legislative body created by a superior legislative
body cannot change the membership of the superior
legislative body.
○ Nothing in Art. X, Sec. 20 of the Constitution—which
enumerates the legislative powers of autonomous regions—
authorizes autonomous regions, expressly or impliedly, to
create or reapportion legislative districts for Congress.
● R.A. 9054 provides that the Regional Assembly may exercise
legislative powers except on certain matters, among which are
national elections. It therefore follows that the ARMM Regional
Assembly has no legislative power to create a legislative district
whose representative is elected in national elections.
○ The office of a representative to Congress is a national office,
and its occupant, a Member of the House of Representatives,
is a national official.
○ Art. X, Sec. 20 of the Constitution expressly limits the
coverage of the Regional Assembly’s legislative powers
within its territorial jurisdiction.
● Since under the Constitution, a province cannot be legally created
without a legislative district, the creation of the Province of Shariff
Kabunsuan without its own legislative district is unconstitutional.
● The case of Felwa is not on all fours with this case. In Felwa, the new
provinces were created by a national law enacted by Congress itself.
In this case, the new province was created by a regional law enacted
by the ARMM Regional Assembly.
○ Felwa provides that the creation of a legislative district by
Congress does not emanate alone from Congress’ power to
reapportion legislative districts but also from Congress’ power
to create provinces, which cannot be created without a new
legislative district.
○ Only Congress has the power to create, or trigger the
creation of, a legislative district.
● Under Art. VI, Sec. 19 of R.A. No. 9054, the ARMM Regional
Assembly can create provinces and cities within the ARMM without
regard to the criteria fixed in the Local Government Code. This
violates Art. X, Sec. 10 of the Constitution.
● In sum:
○ Art. VI, Sec. 19 of R.A. No. 9054, insofar as it grants to the
ARMM Regional Assembly the power to create provinces and
cities, is void for being contrary to Art. VI, Sec. 5 and Art. X,
Sec. 20 of the Constitution, as well as Sec. 3 of the
Ordinance appended to the Constitution.
○ Only Congress can create provinces and cities because the
creation of provinces and cities necessarily includes the
creation of legislative districts, a power only Congress can
exercise under Art. VI, Sec. 5 of the Constitution and Sec. 3

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 of the Ordinance appended to the Constitution.
○ The ARMM Regional Assembly cannot create a province
without a legislative district because the Constitution
mandates that every province shall have a legislative district.
○ The ARMM Regional Assembly cannot enact a law creating a
national office like the office of a district representative of
Congress because the legislative powers of the ARMM
Regional Assembly operate only within its territorial
jurisdiction as provided in Art. X, Sec. 20 of the Constitution.
○ Thus, MMA Act No. 201, enacted by the ARMM Regional
Assembly and creating the Province of Shariff Kabunsuan, is
void.

2. NO, since the ARMM Regional ● As explained above, the ARMM Regional Assembly has no power to
Assembly has no power to create provinces because the creation of a new province requires the
create provinces. creation of a new legislative district, and only Congress may create
new legislative districts.

3. YES, COMELEC Resolution ● The Resolution merely complies with Art. VI, Sec. 5 and Art. X, Sec.
No. 7902 is valid for 20 of the Constitution, as well as Sec. 1 of the Ordinance appended
maintaining the status quo in to the Constitution.
the First Legislative District of
Mindanao (as “Shariff
Kabunsuan Province with
Cotabato City”) despite the
creation of the Province of
Shariff Kabunsuan out of the
district, save only for Cotabato
City.

CONCLUSION/HOLDING:
The Court held that Art. VI, Sec. 19 of R.A. No. 9054, insofar as it grants to the ARMM Regional Assembly the power to
create provinces and cities, is void for being contrary to Art. VI, Sec. 5 and Art. X, Sec. 20 of the Constitution, as well as
Sec. 3 of the Ordinance appended to the Constitution. MMA Act No. 201, enacted by the ARMM Regional Assembly and
creating the Province of Shariff Kabunsuan, is also void. On the other hand, COMELEC Resolution No. 7902 is valid.

DISPOSITIVE: WHEREFORE, we declare Section 19, Article VI of Republic Act No. 9054 UNCONSTITUTIONAL insofar
as it grants to the Regional Assembly of the Autonomous Region in Muslim Mindanao the power to create provinces and
cities. Thus, we declare VOID Muslim Mindanao Autonomy Act No. 201 creating the Province of Shariff Kabunsuan.
Consequently, we rule that COMELEC Resolution No. 7902 is VALID. ESTAI

SEPARATE OPINION (Tinga, J.):

Justice Tinga dissented in part and concurred in part.

He concurred in the result of the case, but he would have held that the ARMM Regional Assembly had the power to
create provinces and cities as long as the requirements in the Local Government Code were met. The discretion of the
Regional Assembly to create local government units based on a lower standard than that prescribed by the Local
Government is unconstitutional. Nothing in the Constitution bars Congress from delegating to the autonomous regions the
power to create provinces, cities, and other local government units. Nothing in Art. X, Sec. 10 of the Constitution limits the
power to create LGUs to Congress alone.

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However, Justice Tinga agreed that only Congress has the power to increase the membership of the House of
Representatives. Shariff Kabunsuan cannot acquire its own legislative district unless Congress itself accedes to the
passage of a law that establishes it.

SAVE DIGESTS WITH FILE NAME:

[Case number] Petitioner vs. Respondent (G.R. No. xxxxxx)
[7] Ombudsman Merceditas Gutierrez v. House of Representatives Committee on Justice (G.R. No. 193459)

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