Aldaba vs.

COMELEC
FACTS:
 Before May 1, 2009, the province of Bulacan was represented in
Congress through 4 legislative districts. The first legislative district
comprised of the city of Malolos and other municipalities.
 On May 1, 2009, RA 9591 lapsed into law creating a separate
legislative district for the city of Malolos.
 At the time the legislative bills for RA 9591 was filed, the population
of Malolos was 223, 069. However, the legislative bills relied on an
undated certification issued by the Regional Director of NSO that the
projected population of Malolos by year 2010 will be 254,030.
 Petitioners, taxpayers, registered voters and residents of Malolos City
filed this petition contending that RA 9591 is unconstitutional for
failing to meet the minimum population threshold of 250,000 for a city
to merit representation in Congress.
ISSUE:
 Whether the city of Malolos has a population of at least 250,000,
whether actual or projected, for the purpose of creating a legislative
district for the city of Malolos in time for the May 10, 2010 elections?
If not, then RA 9591 creating a legislative district in the city of
Malolos is unconstitutional
RULING:
 There is no official record that the population of city of Malolos will be
at least 250,000 prior to May 10, 2017 elections. Thus, the city of
Malolos is not qualified to have a legislative district of its own. Thus,
RA 9591 is unconstitutional.
o The Constitution requires that for a city to have a legislative
district, the city must have a population of at least 250,000.
 The certification issued by the regional director which is based on
demographic projections is without legal effect because he has no
basis and no authority to issue the certification.
o The demographic projections can be issued only if declared
official by the National Statistics Coordination Board. It can be
issued only by the NSO Administrator or his designated
certifying officer.
 Intercensal demographic projections cannot be made for the entire
year.
o Intercensal population projections must be made as of the
middle of every year.
 A city whose population has increased to 250,000 is entitled to have a
legislative district only in the immediately following election after the
attainment of the 250,000 population