SEMA v.
COMELEC (ZAP) Region XII, having voted against its inclusion in the ARMM in plebiscite
July 16, 2008 | Carpio, J. | Creation of LGUs
PETITIONER: Bai Sandra Sema
RESPONDENTS: Comission on Elections and Didagen Dilangalen
SUMMARY: The ARMM’s legislature, the ARMM Regional Assembly, exercising
its power to create provinces under Sec. 19, Art. VI of RA 9054, enacted Muslim
Mindanao Autonomy Act No. 201 (MMA Act 201) creating Province of Shariff
Kabunsuan (composed of 8 municipalities in the first district of Maguindanao).
Later, 3 new municipalities were carved out of original 9 municipalities constituting
Shariff Kabunsuan, bringing its total number of municipalities to 11. Thus, what
was left of Maguindanao were the municipalities constituting its 2nd legislative
district. Cotabato City, although part of Maguindanao’s first legislative district, is not
part of the Province of Maguindanao. On 6 Feb 2007, Sangguniang Panlungsod of
Cotabato City passed Resolution No. 3999 requesting COMELEC to “clarify the
status of Cotabato City in view of the conversion of the First District of
Maguindanao into a regular province” under MMA Act 201. Resolution No. 07-
0407, resolved to maintain status quo with Cotabato City as part of Shariff
Kabunsuan in the First Legislative District of Maguindanao while enactment of
appropriate law by Congress is pending. On 10 May 2007, COMELEC issued
Resolution No. 7902, which renamed legislative district in question as “Shariff
Kabunsuan Province with Cotabato City (formerly First District of Maguindanao
with Cotabato City).”
DOCTRINE: Creation of any of the four local government units (province, city,
municipality or barangay) must comply with three conditions: (1) creation of a local
government unit must follow the criteria fixed in the Local Government Code; (2)
such creation must not conflict with any provision of the Constitution; and (3) there
must be a plebiscite in the political units affected.
FACTS:
1. Ordinance appended to 1987 Constitution apportioned 2 legislative
districts for the Province of Maguindanao. The first legislative district
consists of Cotabato City and 8 municipalities.
2. Maguindanao forms part of the Autonomous Region in Muslim Mindanao
(ARMM), created under its Organic Act, R.A. 6734 (mended by R.A.
9054). Although under the Ordinance, Cotabato City forms part of
Maguindanao's first legislative district, it is not part of ARMM but of
(Nov 1989). On Aug 2006, ARMM's legislature (ARMM Regional
Assembly), exercising its power to create provinces under Section 19,
Article VI of R.A. 9054, enacted Muslim Mindanao Autonomy Act No.
201 (MMA Act 201) creating the Province of Shariff Kabunsuan composed
of the eight municipalities in the <rst district of Maguindanao. MMA Act
201 provides:
Section 1. The Municipalities of Barira, Buldon, Datu Odin Sinsuat,Kabuntalan,
Matanog, Parang, Sultan Kudarat, Sultan Mastura, and Upi are hereby separated
from the Province of Maguindanao and constituted into a distinct and
independent province, which is hereby created, to be known as the Province of
Shariff Kabunsuan. xxx xxx xxx
Sec. 5. The corporate existence of this province shall commence upon the
appointment by the Regional Governor or election of the governor and majority of
the regular members of the Sangguniang Panlalawigan….Except as may be provided
by national law, the existing legislative district, which includes Cotabato as a part
thereof, shall remain.
3. 3 new municipalities were carved out of the original 9 municipalities
constituting Shariff Kabunsuan, bringing its total number of municipalities
to 11. What was left of Maguindanao were municipalities constituting its
2nd legislative district. Cotabato City, although part of Maguindanao's 1st
legislative district, is not part of Maguindanao.
4. The voters of Maguindanao ratified Shariff Kabunsuan's creation in a
plebiscite held on 29 Oct 2006.
5. Sangguniang Panlungsod of Cotabato City (Resolution No. 3999; Feb
2007): Requested COMELEC to "clarify the status of Cotabato City inview
of the conversion of the First District of Maguindanao into a regular
province" under MMA Act 201.
6. COMELEC’s Reply and Subsequent Resolutions:
a) Reply to Sangguniang Panlungsod of Cotabato - Reso No. 07-
0407 (Mar 2007): Maintained status quo with Cotabato City as
part of Shariff Kabunsuan in the First Legislative District of
Maguindanao.
b) In Preparation for May 2007 elections - Reso No. 7845 (Mar
2007): Stated that Maguindanao's first legislative district is
composed only of Cotabato City because of MMA Act 2018.
c) Amendment of Reso No. 07-0407 - Reso No. 7902 (May 2007)
Renamed legislative district in question as "Shariff Kabunsuan Province with
Cotabato City (formerly First District of Maguindanao with Cotabato City)."
 7. Comments on the issue of whether a province created by the ARMM
Regional Assembly under Sec 19, Art VI of R.A. 9054 is entitled to one
representative in the House of Representatives without need of a
national law creating a legislative district for such new province:
• Petitioner’s view (Sema) – Yes
(a) the Court in Felwa v. Salas stated that "when a province is created by statute, the
corresponding representative district comes into existence neither by authority of
that statute — which cannot provide otherwise — nor by apportionment, but by
operation of the Constitution, without a reapportionment;"
(b) Section 462 of Republic Act No. 7160 (R.A. 7160) "affirms" the apportionment
of a legislative district incident to the creation of a province; and
(c) Section 5 (3), Article VI of the Constitution and Section 3 of the Ordinance
appended to the Constitution mandate the apportionment of a legislative district in
newly created provinces.
• Public Respondent (COMELEC; represented by OSG) -
Abandoned its earlier stance on the propriety of issuing Resolution Nos. 07-0407
and 7902 and joined causes with Sema, contending that Section 5 (3), Article VI of
the Constitution is "selfexecuting". Thus, every new province created by the ARMM
Regional Assembly is ipso facto entitled to one representative in the House of
Representatives even in the absence of a national law;
• Private Respondent (Dilangalen; Political Rival of Sema) – No
(a) the "province" contemplated in Section 5 (3), Article VI of the Constitution is
one that is created by an act of Congress taking into account the provisions in R.A.
7160 on the creation of provinces;
(b) Sec 3, Art. IV of R.A. 9054 withheld from ARMM Regional Assembly the
power to enact measures relating to national elections, which encompasses the
apportionment of legislative districts for members of the House of Representatives;
(c) recognizing a legislative district in every province the ARMM Regional
Assembly creates will lead to disproportionate representation of ARMM in the
House of Representatives as the Regional Assembly can create provinces without
regard to the requirements in Section 461 of R.A. 7160;
(d) Cotabato City, which has a population of less than 250,000, is not entitled to a
representative in the House of Representatives.
ISSUE/s:
WON creation of the province of Shariff Kabunsuan by the ARMM Regional
Assembly by virtue of Section 19, Article VI of RA 9054 is constitutional - NO.
RULING:
1. Sec. 19, Art. VI of R.A. 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.
2. Muslim Mindanao Autonomy Act No. 201 creating the Province of Shariff
Kabunsuan as VOID.
3. COMELEC Resolution No. 7902 is VALID.
RATIO:
• Whether the ARMM Regional Assembly Can Create the Province of
Shariff Kabunsuan
1. The creation of local government units is governed by Section 10, Article X
of the Constitution, which provides:
Sec. 10. 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.
Thus, the creation of any of the four local government units — province,
city, municipality or barangay — must comply with three conditions. First,
the creation of a local government unit must follow the criteria fixed in
the Local Government Code. Second, such creation must not conflict
with any provision of the Constitution. Third, there must be a plebiscite
in the political units affected.
There is neither an express prohibition nor an express grant of authority in
the Constitution for Congress to delegate to regional or local legislative
bodies the power to create local government units. However, under its
plenary legislative powers, Congress can delegate to local legislative bodies
the power to create local government units, subject to reasonable standards
and provided no conflict arises with any provision of the Constitution. In
fact, Congress has delegated to provincial boards, and city and municipal
councils, the power to create barangays within their jurisdiction, subject to
compliance with the criteria established in the Local Government Code, and
the plebiscite requirement in Section 10, Article X of the Constitution.
However, under the Local Government Code, "only . . . an Act of
Congress" can create provinces, cities or municipalities.”
2. Under Sec 19, Art VI of R.A. 9054, Congress delegated to the ARMM
Regional Assembly the power to create provinces, cities, municipalities
and barangays within the ARMM. Congress made the delegation under
its plenary legislative powers because the power to create local government
units is not one of the express legislative powers granted by the Constitution
to regional legislative bodies. In the present case, the question arises
whether the delegation to the ARMM Regional Assembly of the power to
create provinces, cities, municipalities and barangays conflicts with any
provision of the Constitution.
 There is no provision in the Constitution that conflicts with the delegation to Representatives can be increased, and new legislative districts of Congress can be
regional legislative bodies of the power to create municipalities and created, only through a national law passed by Congress.
barangays, provided Section 10, Article X of the Constitution is followed.
However, the creation of provinces and cities is another matter. Section • To allow the ARMM Regional Assembly to create a national office is to
5 (3), Article VI of the Constitution provides, "Each city with a allow its legislative powers to operate outside the ARMM's territorial
population of at least two hundred fifty thousand, or each province, jurisdiction. This violates Section 20, Article X of the Constitution which
shall have at least one representative" in the House of Representatives. expressly limits the coverageof the Regional Assembly's legislative powers
Similarly, Section 3 of the Ordinance appended to the Constitution "[w]ithin its territorial jurisdiction . . . ."
provides, "Any province that may hereafter be created, or any city whose
population may hereafter increase to more than two hundred fifty thousand The ARMM Regional Assembly itself, in creating Shariff Kabunsuan, recognized
shall be entitled in the immediately following election to at least one the exclusive nature of Congress' power to create or reapportion legislative
Member . . . “ Thus, the power to create a province, or a city with a districts by abstaining from creating a legislative district for Shariff Kabunsuan.
population of 250,000 or more, requires also the power to create a Section 5 of MMA Act 201 provides that:
legislative district. “Except as may be provided by national law, the existing legislative district,
which includes Cotabato City as a part thereof, shall remain.”
The threshold issue then is, can Congress validly delegate to the ARMM
Regional Assembly the power to create legislative districts for the However, a province cannot legally be created without a legislative district
House of Representatives? The answer is in the negative. ** because the Constitution mandates that "each province shall have at least one
representative." Thus, the creation of the Province of Shariff Kabunsuan
**Legislative Districts are Created or Reapportioned Only by an Act of without a legislative district is unconstitutional.
Congress
Under the present Constitution, as well as in past 28 Constitutions, the power to
increase the allowable membership in the House of Representatives, and to
reapportion legislative districts, is vested exclusively in Congress. Section 5,
Article VI of the Constitution provides:
SECTION 5. (1) The House of Representatives shall be composed of not
more than two hundred and fifty members, unless otherwise fixed by law,
who shall be elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in accordance with the
number of their respective inhabitants, and on the basis of a uniform and
progressive ratio, and those who, as provided by law, shall be elected through
a party-list system of registered national, regional, and sectoral parties or
organizations.
xxx xxx xxx
(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.
(4) 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.

The power to reapportion legislative districts necessarily includes the power to

create legislative districts out of existing ones. Congress exercises these powers
through a law that Congress itself enacts, and not through a law that regional or
local legislative bodies enact. The allowable membership of the House of