G.R. No. 176970 December 08, 2008 ROGELIO Z. BAGABUYO, PETITIONER, VS.

COMMISSION ON ELECTIONS, RESPONDENT.

Topic: LGUs
FACTS:
Cagayan de Oro only had one legislative district before. In 2006, CDO congressman Jaraula sponsored a
bill to have two legislative districts in the province instead. The law was passed (RA 9371) hence two
legislative districts were created. Bagabuyo assailed the validity of the said law and filed a petition for
certiorari, prohibition, and mandamus directly to the Supreme Court to prevent the implementation of
R.A. 9371 by Comelec's Resolution No. 7837 in the May 2007 elections. Bagabuyo contends that the 2nd
district was created through that law without a plebiscite and is unconstitutional.

ISSUES :
1. Whether the petitioner violated the hierarchy of courts rule;
2. Whether R.A. No. 9371 converts and divides the CDO as a local government unit, and does not
merely provide for the City's legislative apportionment;
RULES AND APPLICATIONS:
1. The principle of hierarchy of courts requires that recourse must first be made to the lower ranked courts
and the direct invocation of the Supreme Court's jurisdiction is allowed only when there are special and
important reasons therefor, clearly and especially set out in the petition.
2. R.A. No. 9371 is simply a reapportionment legislation passed in accordance with the authority granted
to Congress under Article VI, Section 5(4) of the Constitution. The law is to enhance voter representation
by giving each city voter more and greater say, both in Congress and in the Sangguniang Panglunsod.
CONCLUSION:
RA 9371 merely increased the representation of Cagayan de Oro City in the House of Representatives
and Sangguniang Panglungsod pursuant to Section 5, Article VI of the 1987 Constitution; the criteria
established under Section 10, Article X of the 1987 Constitution only apply when there is a creation,
division, merger, abolition or substantial alteration of boundaries of a province, city, municipality, or
barangay; in this case, no such creation, division, merger, abolition or alteration of boundaries of a local
government unit took place; and R.A. No. 9371 did not bring about any change in Cagayan de Oro’s
territory, population and income classification. Thus, the absence of plebiscite.