CONSTI 1 – Justice Jardeleza Digest by KRQ

General Plenary Powers of Congress

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Sema v COMELEC
G.R. No. 178628 | July 16, 2008 | Davide, Jr.

Petitioner: BAI SANDRA S. A. SEMA | PERFECTO MARQUEZ

Respondent: COMMISSION ON ELECTIONS AND DIDAGEN P. DILANGALEN

Doctrine:
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CASE SUMMARY

Trigger word/s:

FACTS: These consolidated petitions seek to annul Resolution No. 7902, dated 10 May 2007, of the
Commission on Elections (COMELEC) treating Cotabato City as part of the legislative district of the
Province of Shariff Kabunsuan.

HELD:
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FACTS
 An Ordinance appended to the 1987 Constitution apportioned 2 legislative districts for the Province
of Mindanao:
 First legislative district – consists of Cotabato city and 8 municipalities
 ARMM (created under its Organic Act R.A. No. 6734 as amended by R.A. No. 9054)- Maguindanao
 Under the Ordinance, Cotabato forms part of Maguindanao’s first legislative district, not part of the
ARMM but of Region XII as it voted against its inclusion in the ARMM in the plebiscite held in Nov
1989.
 On August 28, 2006 – ARMM’s legislature, the ARMM Regional Assembly (ARA) enacted Muslim
Mindanao Autonomy Act No. 201 (MMA Act 201) and created the Province of Kabunsuan
composed of the eight municipalities in the first district of Maguindanao
o Sec 1 – The 8 municipalities (Cotabato not included) are hereby separated from the
Province of Maguindanao and constituted into a distinct and independent province –
Province of Shariff Kabunsuan
o Sec 5 – Corporate existence of the Kabunsuan Province shall commence upon the
appointment by the Regional Governor or election of the governor and majority of the regular
members of the Sanggunian Panlalawigan
 The incumbent elective officials of the Province of Maguindanao shall continue to
serve their unexpired terms in the province that they will choose or they are residents
(either Maguindanao or the newly-created Kabunsuan)
 What was left of the Maguindanao were the municipalities in its 2nd legislative district.
 Cotabato City, although part of Maguindanao’s first legislative district, is not part of the Province of
Maguindanao.
 Voters of Maguindanao ratified the Shariff Kabunsuan’s creation in a plebiscite
 Then the Sangguiniang Panglungsod of Cotabato City requested 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


CASE TRAIL
SC - Affirmed
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ISSUES & HELD

1. W/N ISSUE [NO]

1
CONSTI 1 – Justice Jardeleza Digest by KRQ
General Plenary Powers of Congress
● Respondent
○ Initiative on amendments to the constitution is subsumed under subtitle on national initiative
and referendum
● SC
○ Contrary to the assertion of respondent COMELEC, Section 2 of the Act does not suggest
an initiative on amendments to the Constitution. The section is silent as to amendments on
the Constitution.

DECISION

WHEREFORE, we declare Section 19, Article VI of Republic Act 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. Thus, we declare VOID Muslim Mindanao Autonomy Act No. 201 creating the
Province of Shariff Kabunsuan. Consequently, we rule that COMELEC Resolution No. 7902 is VALID.
Let a copy of this ruling be served on the President of the Senate and the Speaker of the House of
Representatives.
SO ORDERED.

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NOTES