CONSTITUTIONAL LAW 1 | DIGESTS | 1D

Case No. <3> : <Montejo v. COMELEC>

<G.R. No. 118702, March 16, 1995>

TOPIC : <Legislative Department >

<Aquino, F.M.C.>

FACTS:
● The Province of Leyte is composed of five (5) legislative districts. Biliran, located in the
3rd District, was made into its sub-province by virtue of RA 2141 (enacted on April 8,
1959). When the Local Government Code took effect on January 1, 1992, Biliran
became a regular province and its conversion was approved by a majority of the votes
cast in a plebiscite on May 11, 1992.
● Eight (8) municipalities of the 3rd District of Leyte became part of the new Biliran
Province. As a consequence, the 3rd District was reduced to only five municipalities.
● To remedy the situation, COMELEC promulgated Resolution No. 2736 where, among
others, it transferred the Municipality of Capoocan (2 nd District) and the Municipality of
Palompon (4th District) to the 3rd District of Leyte. The compositions of the 1 st and 5th
Districts were not disturbed.
● Petitioner Cirilo Roy G. Montejo as representative of the 1st District of Leyte, sought
the annulment of Section 1 of Resolution 2736 on the ground that it violates the
principle of equality of representation. To remedy the alleged inequity, petitioner seeks
to transfer the Municipality of Tolosa (1st District) to the 2nd District. Intervenor Sergio
A.F. Apostol, representative of the 2 nd District, opposed the inclusion of Tolosa in his
district.

RTC RULING:

CA RULING:

ISSUE:
1. .Whether or not COMELEC has the legislative power of redistricting and
reapportionment

PETITIONER: RESPONDENT:
Cirilo Roy G. Montejo COMELEC

Intervenor: With regard to Resolution 2736, COMELEC

Sergio A.F. Apostol relies on the Ordinance appended to the 1987
Constitution as the source of its power of
redistricting. The Ordinance is entitled
“Appropriating the Seats of the House of
Representatives of the Congress of the
Philippines to the Different Legislative
Districts in Provinces and Cities and the
Metropolitan Manila Area.”

SC RULING:
1. No, the Constitutional Commission denied to the COMELEC the major power of
CONSTITUTIONAL LAW 1 | DIGESTS | 1D

legislative apportionment as it itself exercised the power. Section 2 of the Ordinance

only empowered COMELEC to make minor adjustments of the reapportionment, i.e.,
correcting the name of a particular municipality or listing the name of the municipality
that was forgotten to be included. However, there should be no change in the
allocations per district.
2. In addition, the power granted to COMELEC is to adjust the number of members (not
municipalities) “apportioned to the province out of which such new province was
created.”

ADDITIONAL NOTES
● Section 5(4), Article VI of the 1987 Constitution categorically gives Congress the
power to reapportion: “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.”
● In Macias vs. COMELEC, the Court ruled that the validity of a legislative
apportionment is a justiciable question.