SEMA v. COMELEC GR No.

177597 July 16, 2008

On August 2006, ARMM’s legislature the ARMM Regional Assembly exercising its powers to create
provinces under Sec. 19, Article 6 of RA 9054 enacted Muslim Mindanao Autonomy Act No. 201 creating
the Province of Shariff Kabunsuan composed of the eight municipalities of the first district of
Maguindanao. Later 3 municipalities were added to the composition of Shariff Kabunsuan. Cotabato City
although part of the first legislative district of Maguindanao is not part of the Province of Maguindanao.
Cotabato City then asked the 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. COMELEC then issued a
resolution stating “maintaining status quo with Cotabato City as part of Shariff Kabunsuan in the First
Legislative District of Maguindanao” which was later amended and the legislative district was renamed
to Shariff Kabunsuan Province with Cotabato City. Sema who was then a candidate for the May 2007
elections for representative of Shariff Kabunsuan Province prayed for the exclusion of canvassing of
votes from Cotabato City as Shariff Kabunsuan is entitled to one representative in Congress under Sec.
5(3) of Art. 6 of the Constitution, the respondents however argued that Sema is estopped from doing so
as her certificate of candidacy indicated that she was running for representative of Shariff Kabunsuan
with Cotabato City.

The ISSUES herein are (1) Whether Sec. 19, Art. 6 of RA 9054 delegating to ARMM Regional Assembly
the power to create provinces is constitutional and (2) if a province created under Sec. 19 Art. 6 of RA
9054 is entitled to one representative in the HOR without need of a national law creating a legislative
district for such new province.

Sema contended that Sec. 19 Art. 6 of RA 9054 is constitutional as a valid delegation by Congress to the
ARMM the power to create provinces, while Respondents contend that it is unconstitutional as the
power to create provinces was not among those granted to autonomous regions under Sec. 20 Art. 10 of
the constitution. The COMELEC also contends that it is unconstitutional for contravening Sec. 10 and 6 of
Art. 10 of the constitution.

SC HELD THAT PETITIONS HAVE NO MERIT; Sec. 19 Art 6 of RA 9054 is unconstitutional as it grants to
the ARMM Regional Assembly the power to create provinces and cities and (2) MMA Act 201 creating
the province of Shariff Kabunsuan is void.

The creation of LGU is governed by Sec. 10 Art. 10 of the Constitution. There is neither an express
prohibition or grant of authority for Congress to delegate to regional or local legislative bodies to create
LGUs. Congress has delegated to LGUs power to create provincial boards, councils within their
jurisdiction however under the Local Government Code “only an Act of Congress” can create provinces
cities or municipalities. Under Sec. 19 Art. 6 of RA 9054, Congress delegated the power to create
provinces, cities, municipalities with the ARMM. A province cannot be created without a legislative
district because it will violate Sec. 5 (3) Art. 6 of the Constitution thus the power to create a province or
city inherently involves the power to create a legislative district. Creation of ARMM and grant of
legislative powers to Regional Assembly did not divest Congress of its exclusive authority to create
legislative districts. Sec. 20 Art. 10 of the Constitution provides the jurisdiction of the Autonomous
Region’s legislative powers and nothing in Sec. 20 Art. 10 authorizes autonomous regions t ocreate or
reapportion legislative Districts for Congress. Representative to congress is a national office and ARMM
is not allowed to create a national office as it would violate Sec. 20 Art 10 of the constitution which
limits the coverage of Regional Assembly’s powers within its territorial jurisdiction. A province cannot
be legally created without a legislative district as the constitution mandates that “each province shall
have at least one representative” thus the creation of the Province of Shariff Kabunsuan without a
legislative district is unconstitutional. The absurdity of allowing them to create provinces is shown
during the oral exchange for the petition, Justice Carpio asked “They can also create 1000 new provinces
and send 1000 representatives to the HoR without national law” to which Sema’s party agreed sin the
affirmative. It was not the intent of the framers of the constitution nor congress in enacting RA 9054 for
the disastrous consequences in allowing them to create provinces.