SEMA vs.

COMELEC
G.R. NOS. 177597 & 178628
July 16, 2008

FACTS:
Congress enacted RA 9054, the Section 19, Article VI of which delegated to the
ARMM Regional Assembly the power to create provinces, cities, municipalities
and barangays.

Pursuant to such delegation, the ARMM Regional Assembly enacted Muslim

Mindanao Autonomy Act No. 201 (MMA Act 201) creating the Province of Shariff
Kabunsuan composed of the eight municipalities in the first district of
Maguindanao.

ISSUE:
Whether or not Congress validly delegated to the ARMM Regional Assembly the
power to create legislative districts for the House of Representatives;

RULING:

No. The power to create a province, or a city with a population of 250,000 or

more, requires also the power to create a legislative district.

Under the present Constitution, as well as in past 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 (1), Article VI of the Constitution vests in Congress the power to

increase, through a law, the allowable membership in the House of
Representatives. Section 5 (4) empowers Congress to reapportion legislative
districts. 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.