Other Powers of Congress

General Plenary Powers -The grant of legislative power to Congress is broad, general
and comprehensive. The legislative body possesses plenary power for all purposes of
civil government. Any power, deemed to be legislative by usage and tradition, is necessarily
possessed by Congress, unless the Constitution has lodged it elsewhere. Except as limited
by the Constitution, either expressly or impliedly, legislative power embraces all subjects and
extends to all matters of general concern or common interest.

A plenary power or plenary authority is a complete and absolute power to take action on a
particular issue, with no limitations. It is derived from the Latin term plenus, 'full'.

BAI SANDRA S.A. SEMA, petitioner, vs. COMMISSION ON ELECTIONS, ET AL.,

respondents.

FACTS:
On August 28, 2006, the ARMM Regional Assembly, exercising its power to create provinces
under Section 19 of RA 9054, enacted Muslim Mindanao Autonomy Act No. 201 creating the
Province of Shariff Kabunsuan.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.On May 10, 2007, the COMELEC issued Resolution 7902 renaming the
legislative district combining the said province with Cotabato as "Shariff Kabunsuan Province
with Cotabato City."Sema, here petitioner, questioned the Resolution combining the Shariff
Kabunsuan and Cotabato City into a single legislative district

ISSUES:
(1There are a number of issues resolved, but the main issue is this — Whether Section 19,
Article VI of RA 9054, delegating to the ARMM Regional Assembly the power to create
provinces, cities, municipalities and barangays, is constitutional.; -No
(2)Whether or not RA 9054 is constitutional;-Yes
(3) Whether or not MMA Act 201 is void.-Yes
(4) Whether or not COMELEC Resolution No. 7902 is valid-Yes

RULING: The petitions have no merit. We rule that (1) Section 19, Article VI of RA 9054 is unconstitutional insofar
as it grants to the ARMM Regional Assembly the power to create provinces and cities; (2) MMA Act 201 creating the
Province of Shariff Kabunsuan is void; and (3) COMELEC Resolution No. 7902 is valid.

The power to create provinces, cities, municipalities and barangays was delegated by
Congress to the ARMM Regional Assembly under Section 19, Article VI of RA 9054.
However, pursuant to the Constitution, the power to create a province is with Congress and
may not be validly delegated. Section 19 is, therefore, unconstitutional. MMA Act 201,
enacted by the ARMM Regional Assembly and creating the Province of Shariff Kabunsuan, is
void. The creation of Shariff Kabunsuan is invalid.

The creation of local government units (LGUs) is governed by Section 10, Article X of
the Constitution. There are three conditions that must be complied with in creating any
of the four local government units – province, city, municipality or barangay – to wit:

1. The creation of a local government unit must follow the criteria fixed in the Local
Government Code
2. Such creation must not conflict with any provision of the Constitution
3. There must be a plebiscite in the political units affected

The power to create a province, or a city with a population of 250,000 ormore, 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.

Consequently, COMELEC Resolution No. 7902, preserving the geographic and legislative
district of the First District of Maguindanao with Cotabato City, is valid as it merely complies
with Section 5 of Article VI and Section 20 of Article X of the Constitution, as well as Section 1
of the Ordinance appended to the Constitution."
Note:

In this case, the creation of a province by the Regional Assembly is contrary to the
Constitution.

Carpio stressed that “only Congress can create provinces and cities because the
creation of provinces and cities necessarily includes the creation of legislative
districts. Creation of province or a city inherently involves the power to create a
legislative district. The Constitution mandates that a province or a city with at least
250,000 inhabitants is entitled to at least one representative."

Notes:

There is neither an express prohibition nor an express grant of authority in the Constitution for
Congress to delegate to regional or local legislative bodies the power to create LGUs.
However, under its plenary legislative powers, Congress can delegate to local legislative
bodies the power to create LGUs, subject to reasonable standards and provided no conflict
arises with any provision of the Constitution.

When it comes to the creation of municipalities and barangays, there is no provision in the
Constitution that conflicts with the delegation to regional legislative bodies (like the ARMM
Regional Assembly) of the power to create such LGUs. The creation of provinces and cities is
another matter.

The power to create a province or city inherently involves the power to create a
legislative district. This is clear under Section 5 (3), Article VI of the Constitution
(“Each city with a population of at least two hundred fifty thousand, or each province,
shall have at least one representative” in the House of Representatives) and Section 3
of the Ordinance appended to the Constitution (“ “Any province that may hereafter be
created, or any city whose population may hereafter increase to more than two
hundred fifty thousand shall be entitled in the immediately following election to at least
one Member x x x.”) In other words, for Congress to delegate validly the power to create a
province or city, it must also validly delegate at the same time the power to create a legislative
district.

However, Congress CANNOT validly delegate the power to create legislative districts.
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. The allowable membership of the House
of Representatives can be increased, and new legislative districts of Congress can be
created, only through a national law passed by Congress.

The exclusive power to create or reapportion legislative districts is logical. Congress is

a national legislature and any increase in its allowable membership or in its incumbent
membership through the creation of legislative districts must be embodied in a
national law. Only Congress can enact such a law. It would be anomalous for regional or
local legislative bodies to create or reapportion legislative districts for a national legislature
like Congress. An inferior legislative body, created by a superior legislative body, cannot
change the membership of the superior legislative body.

Indeed, the office of a legislative district representative to Congress is a national office, and its
occupant, a Member of the House of Representatives, is a national official. It would be
incongruous for a regional legislative body like the ARMM Regional Assembly to create a
national office when its legislative powers extend only to its regional territory. The office of a
district representative is maintained by national funds and the salary of its occupant is paid
out of national funds. It is a self-evident inherent limitation on the legislative powers of every
local or regional legislative body that it can only create local or regional offices, respectively,
and it can never create a national office. To allow the ARMM Regional Assembly to create a
national office is to allow its legislative powers to operate outside the ARMM’s territorial
jurisdiction. This violates Section 20, Article X of the Constitution which expressly limits the
coverage of the Regional Assembly’s legislative powers “[w]ithin its territorial jurisdiction x x
x.”