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  • Aldaba V. Comelec Carpio, J. TOPIC (Based On The Syllabus) : Composition of House of Representatives (The Case

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    The case focused on whether a law that created a separate legislative district for the city of Malolos was constitutional. The petitioners argued the law was unconstitutional because Malolos did not meet the minimum population threshold of 250,000 to merit its own legislative district. The court ruled the law was unconstitutional, as the population projection certifying Malolos would meet the 250,000 threshold by 2010 did not come from an official source and was unreliable. Any population projection used as a basis for creating a new legislative district must come from an official credible source like the National Statistics Office. As there was no official record Malolos' population was actually or projected to be 250,000 before the next election, it did not qualify

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    55.-Aldaba-vs-Comelec

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    The case focused on whether a law that created a separate legislative district for the city of Malolos was constitutional. The petitioners argued the law was unconstitutional because Malolos did not meet the minimum population threshold of 250,000 to merit its own legislative district. The court ruled the law was unconstitutional, as the population projection certifying Malolos would meet the 250,000 threshold by 2010 did not come from an official source and was unreliable. Any population projection used as a basis for creating a new legislative district must come from an official credible source like the National Statistics Office. As there was no official record Malolos' population was actually or projected to be 250,000 before the next election, it did not qualify

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    72 views2 pages

    Aldaba V. Comelec Carpio, J. TOPIC (Based On The Syllabus) : Composition of House of Representatives (The Case

    Uploaded by

    A M I R A
    The case focused on whether a law that created a separate legislative district for the city of Malolos was constitutional. The petitioners argued the law was unconstitutional because Malolos did not meet the minimum population threshold of 250,000 to merit its own legislative district. The court ruled the law was unconstitutional, as the population projection certifying Malolos would meet the 250,000 threshold by 2010 did not come from an official source and was unreliable. Any population projection used as a basis for creating a new legislative district must come from an official credible source like the National Statistics Office. As there was no official record Malolos' population was actually or projected to be 250,000 before the next election, it did not qualify

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    of 2

    EN BANC

    ALDABA v. COMELEC
    G.R. No. 188078. January 25, 2010
    Carpio, J.

    TOPIC (Based on the Syllabus): Composition of House of Representatives (The case


    focused on Article VI, Section 5(3)

    FACTS:
     Prior to May 2009, The province of Bulacan was represented through 4
    legislative districts
     It was composed of Malolos, Hagonoy, Calumpit, Pulilan, Bulacan, and
    Paombong.
     On May 1, 2009, RA 9591 was passed into law. It amended the Malolos chapter
    by creating a separate legislative district for the city.
     The population of Malolos on May 1 is a contested fact, HB 3693 ( aka RA9591)
    relied on an undated certification issued by a regional director of the NSO that
    the projected population of the municipality of Malolos will be 254,030 by the year
    2010
     Petitioners, taxpayers and registered residents of Malolos filed this petition
    contending that RA 9591 is unconstitutional for failing to meet the minimum
    population threshold of 250k for a city to merit representation in Congress.

    ISSUE/S:
     Whether or Not RA 9591 is unconstitutional.

    RULING:
     Yes, RA 9591 is unconstitutional.

    Article VI, Section 5(3) of 1987 Constitution requires that for a city to have a
    legislative district, the city must have a population of at least two hundred fifty
    thousand.

    The Certification of Regional Director Miranda does not state that the
    demographic projections he certified have been declared official by the National
    Statistics Coordination Board (NSCB). In addition, there is no showing that
    Regional Director Miranda has been designated by the NSO Administrator as a
    certifying officer for demographic projections in Region III. In the absence of such
    official designation, only the certification of the NSO Administrator can be given
    credence by this Court.

    Any population projection forming the basis for the creation of a legislative district
    must be based on an official and credible source. That is why the OSG cited
    Executive Order No. 135, otherwise the population projection would be unreliable
    or speculative.
    Clearly, there is no official record that the population of the City of Malolos will be
    at least 250,000, actual or projected, prior to the 10 May 2010 elections, the
    immediately following election after the supposed attainment of such population.

    Thus, the City of Malolos is not qualified to have a legislative district of its own
    under Section 5(3), Article VI of the 1987 Constitution and Section 3 of the
    Ordinance appended to the 1987 Constitution.

    CONCLUSION:
    The petition is granted. RA 9591 is declared unconstitutional for being violative
    of Section 5(3), Article VI of the 1987 Constitution and Section 3 of the Ordinance
    appended to the 1987 Constitution.

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