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Tobias v Abalos

Gr No. L - 114783
December 8, 1994

Doctrine: Pars 1,3, and 4: Rules on Apportionment – Reapportionment through special law

Provision(s): Article VI. Sec. 5(4). Within three years following the return of every census, the
Congress shall make a reapportionment of legislative districts based on the standard provided in
this section.

Facts of the Case:

The municipalities of Mandaluyong and San Juan belonged to one legislative district. The
incumbent congressional representative of this legislative district, Hon. Ronaldo Zamora,
sponsored the bill which eventually became R.A. No. 7675 which President Ramos signed into
law on February 9, 1994. RA 7675 is also known as "An Act Converting the Municipality of
Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong."

A plebiscite was held for this bill on April 10, 1994. The turnout at the plebiscite was
only 14.41% of the voting population wherein 18,621 voted "yes" and 7,911 voted "no." By
virtue of these results, R.A. No. 7675 was deemed ratified and in effect.

Petitioners now come before this Court, contending that R.A. No. 7675, specifically
Article VIII, Section 49 thereof, is unconstitutional for being violative of three specific
provisions of the Constitution – Art IV, Section 26, and Article VI Sections 5 (1) and (4).

Sec. 5(4). Within three years following the return of every census, the Congress
shall make a reapportionment of legislative districts based on the standard provided in
this section.

The petitioners assert that Section 49 - the division of San Juan and Mandaluyong into
separate congressional districts, has the effect of preempting the right of Congress to reapportion
legislative districts pursuant to Sec. 5(4).

Issues of the Case:

Whether or not Republic Act No. 7675, otherwise known as “An Act Converting the
Municipality of Mandaluyong into a Highly Urbanized City to be known as the City of
Mandaluyong” is constitutional as is said to have violated Article VI, Sec. 5 (4).

Held/Decision of the Case:

Yes it is constitutional. The responded claims that the said argument borders on the
absurd since petitioners overlook the glaring fact that it was Congress itself which drafted,
deliberated upon and enacted the assailed la. Congress cannot possibly preempt itself on a right
which pertains to itself. Also, it should be noted that Rep. Zamora is the incumbent

Santos, Ray Paolo B.
1E

representative of both municipalities (San Juan and Mandaluyong). Ray Paolo B. Santos. 1E . Hence the petition is dismissed for lack of merit. Dividing the municipalities could not be considered favorable to him as it diminishes his constituency.