Section 5 Tobias v. Abalos G.R. No. 114783, December 8, 2994 Ponente: J.

Bidin Facts The petitioners, residents of Mandaluyong City petitioned the legality of Republic Act 7675 An Act converting the Municipality of Mandaluyong into highly urbanized city. Prior to the said amendment municipalities of San Juan and Mandaluyong belong to one legislative district. Petitioner Tobias assailed the constitutionality of the said law invoking their rights to be consulted as part of San Juan Municipality. Petitioners argued that R.A. 7675 violates the minimum requirements of establishing a legislative district with a population of 250,000 and that the additional district will violate the number of required congressmen as mandated by the law which pegged at 250 congressmen or as maybe provided by the law. Petitioners also argued that the Act violated the one subject title and that the insertion of adding a separate legislative district under Section 49 of the said act is not germane to the act which covert the municipality of mandaluyong to a highly urbanized city.

WON R.A. 7675 violates the minimum requirements of establishing a legislative district with a population of 250,000 WON the Act violated the one subject title and that the insertion of adding a separate legislative district under Section 49 of the said act is not germane to the act which covert the municipality of mandaluyong to a highly urbanized city.

Held On the first issue the court held no, it does not violate the required number of congressmen which is pegged at 250 members. The present constitution clearly provides that house of representatives maybe increased, if the congress itself so mandates to legislative enactment By the reason stated above, it will be absurd for the congress to be pre-empted to fix the reapportionment and just stunned itself to the minimum requirements. It was the Congress itself which drafted, deliberated upon and enacted the assailed law. No, it does not violate the one-subject rule of the law as mandated under Section 26 (1), Art VI of the constitution. For the creation of a separate legislative district of Mandaluyong is not a subject separate and distinct from the subject of conversion of Mandaluyong into a highly urbanized city, but it is a natural and a logical consequence of its conversion.

ISSUE WON additional district will violate the number of required congressmen as mandated by the law which pegged at 250 congressmen