Professional Documents
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Election Laws; SemaÊs prior avowal that she was running for
the Shariff Kabunsuan with Cotabato City legislative district, and
her campaign for election to that district, belie the existence of injury
on her part caused by the COMELEC resolution that affirmed that
very legislative district.·It would indeed be difficult to assess
injury for purposes of locus standi on the part of Sema by reason of
the assailed COMELEC Resolution, which after all, reaffirms the
very legislative district whose seat in Congress she had sought to be
elected to. Her standing to raise the present petition is materially
affected by her express consent and active campaign for election
from the legislative district which she now seeks to invalidate. A
party challenging the constitutionality of a law, act or statute must
show „not only that the law is invalid, but also that he or she has
sustained or is in immediate, or imminent danger of sustaining
some direct injury as a result of its enforcement,‰ that party has
been or is about to be, denied some right or privilege to which he or
she is lawfully entitled. SemaÊs prior avowal that she was running
for the Shariff Kabunsuan with Cotabato City legislative district,
and her campaign for election to that district, belie the existence of
injury on her part caused by the COMELEC resolution that
affirmed that very legislative district.
Same; Commission on Elections (COMELEC); The COMELEC
does not have the requisite power to call elections, as the same is part
of the plenary legislative power.·Marquez does not have a valid
cause of action before this Court. His prayer is to compel the
COMELEC to provide for new congressional elections for Cotabato
City.The relief sought does not lie simply because Rep. Dilangalen,
by virtue of his electoral victory, lawfully represents the City in
addition to the Province of Shariff Kabunsuan. From another
perspective, the COMELEC does not have the requisite power to
call elections, as the same is part of the plenary legislative power.
Only Congress, which was not impleaded as a party to MarquezÊs
petition, has the power to set congressional elections only for
Cotabato City, if ever. Even assuming that Congress was impleaded,
it would be improper for this Court to compel Congress by judicial
fiat to pass a law or resolution for the holding of such elections.
Constitutional Law; Delegation of Powers; A logical corollary to the
doctrine of separation of powers is the principle of non-delegation of
powers, as expressed in the Latin maxim potestas delegata non
delegare potest (what has been delegated cannot be delegated).·The
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years following the return of the census, but this Court has likewise
recognized that reapportionment can also be made through a
special law, such as in the charter of a new city. Still, even in
exercising this limited power through the constitutionally
mandated reapportionment, Congress cannot substitute its own
discretion for the standards set forth in Section 5, Article VI. And
should general reapportionment made by Congress violate the
parameters set forth by the Constitution, such act may be
invalidated by the Court, as it did in Macias v. COMELEC, 3 SCRA
1 (1961).
Same; Same; The Constitution clearly provided that the House
of Representatives shall be composed of not more than 250 members
unless otherwise provided by law.·The Court has previously
recognized that such law increasing the membership of the House of
Representatives need not be one specifically devoted for that
purpose alone, but it may be one that creates a province or charters
a city with a population of more than 250,000. In Tobias v. Abalos,
239 SCRA 106 (1994), the Court pronounced that the law converting
Mandaluyong into a city could likewise serve the purpose of
increasing the composition of the House of Representatives: As to
the contention that the assailed law violates the present limit on
the number of representatives as set forth in the Constitution, a
reading of the applicable provision, Article VI, Section 5 (1), as
aforequoted, shows that the present limit of 250 members is not
absolute. The Constitution clearly provides that the House of
Representatives shall be composed of not more than 250 members,
„unless otherwise provided by law.‰ The inescapable import of the
latter clause is that the present composition of Congress may be
increased, if Congress itself so mandates through a legislative
enactment. Therefore, the increase in congressional representation
mandated by R.A. No. 7675 is not unconstitutional.
Same; Same; Delegation of Powers; The power to increase the
composition of the House of Representatives is restricted by the
Constitution to a law passed by Congress, which may not delegate
such law-making power to the Regional Assembly.·I have already
pointed out that when the Constitution specifically designates a
particular function to Congress, only Congress may exercise such
function, as the same is non-delegable. The power to increase the
composition of the House of Representatives is restricted by the
Constitution to a law passed by Congress, which may not delegate
such law-making power to the Regional Assembly. If we were to rule
that Congress
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CARPIO, J.:
The Case
The Facts
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The Issues
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28 See Section 2, Article VIII of the 1973 Constitution and Section 5, Article
VI of the 1935 Constitution.
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33 See note 3.
34 Section 461 provides: „Requisites for Creation.·(a)A province may
be created if it has an average annual income, as certified by the
Department of Finance, of not less than Twenty million pesos
(P20,000,000.00) based on 1991 constant prices and either of the
following requisites:
(i) a contiguous territory of at least two thousand (2,000)
square kilometers, as certified by the Lands Management Bureau;
or
(ii) a population of not less than two hundred fifty thousand
(250,000) inhabitants as certified by the National
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Statistics Office: Provided, That, the creation thereof shall not reduce the land
area, population, and income of the original unit or units at the time of said
(b) The territory need not be contiguous if it comprise two (2) or more islands or is
separated by a chartered city or cities which do not contribute to the income of
the province.
(c) The average annual income shall include the income accruing to the general
fund, exclusive of special funds, trust funds, transfers and non-recurring income.‰
35 Atty. Edgardo Carlos B. Vistan II, counsel for petitioner in G.R. No. 177597.
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Justice Carpio:
So, [the] Regional Assembly of [the] ARMM can create and create x x x
provinces x x x and, therefore, they can have thirty-five (35) new
representatives in the House of Representatives without Congress
agreeing to it, is that what you are saying? That can be done, under
your theory[?]
Atty. Vistan II:
Yes, Your Honor, under the correct factual circumstances.
Justice Carpio:
Under your theory, the ARMM legislature can create thirty-five (35)
new provinces, there may be x x x [only] one hundred thousand
(100,000) [population], x x x, and they will each have one
representative x x x to Congress without any national law, is that
what you are saying?
Atty. Vistan II:
Without law passed by Congress, yes, Your Honor, that is what we are
saying.
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Justice Carpio:
So, they can also create one thousand (1000) new provinces,
sen[d] one thousand (1000) representatives to the House of
Representatives without a national law[,] that is legally
possible, correct?
Atty. Vistan II:
Yes, Your Honor.36 (Emphasis supplied)
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SEPARATE OPINION
(Dissenting and Concurring)
TINGA, J.:
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746 SUPREME COURT REPORTS ANNOTATED
Sema vs. Commission on Elections
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II.
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III.
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some other person or body but must rest with the legislature itself.
Thus, the legislature cannot delegate to a commission the power to
determine the form of government, powers and functions of
proposed municipalities since these matters require legislative
judgment. But the details of organization of its own
government can be left to a municipality, limited only by
general state law; and such basic state powers as the police
power, taxing power, and power of eminent domain can be,
and almost always are, delegated to local governments for
their use for local purposes. The rule against delegation of
state legislative authority is no barrier to the delegation of
powers of local self government to local units. x x x‰12
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12 O. Reynolds, Jr., Local Government Law (2nd ed., 2001), at pp. 184-
185. Emphasis supplied, citations omitted.
13 Const., Art. II, Sec. 26.
14 Const., Art. II, Sec. 28.
15 Const., Art. IV, Sec. 23.
16 Const., Art. VI, Sec. 8.
17 Const., Art. VI, Sec. 29.
18 Const., Art. VI, Sec. 23.
19 Const., Art. VI, Sec. 32.
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IV.
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33 Id., at p. 17.
34 Supra note 23, at p. 227.
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„As to the contention that the assailed law violates the present
limit on the number of representatives as set forth in the
Constitution, a reading of the applicable provision, Article VI,
Section 5 (1), as aforequoted, shows that the present limit of 250
members is not
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769
„These issues have been laid to rest in the recent case of Tobias
v. Abalos. In said case, we ruled that reapportionment of legislative
districts may be made through a special law, such as in the charter
of a new city. The Constitution clearly provides that Congress shall
be composed of not more than two hundred fifty (250) members,
unless otherwise fixed by law. As thus worded, the Constitution did
not preclude Congress from increasing its membership by passing a
law, other than a general reapportionment law. This is exactly what
was done by Congress in enacting R.A. No. 7854 and providing for
an increase in MakatiÊs legislative district.‰44
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42 Id., at p. 112.
43 G.R. Nos. 118577 and 118627, 7 March 1995, 242 SCRA 211.
44 Id., at p. 217.
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VII.
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