Facts:

The case revolves around the petition filed by Rogelio Z. Bagabuyo against the Commission on Elections (COMELEC) regarding the constitutionality of Republic Act No. 9371, which was enacted to increase the legislative districts of Cagayan de Oro from one to two. House Bill No. 5859, introduced by Congressman Constantino G. Jaraula on October 10, 2006, was the precursor to R.A. No. 9371, intended to classify voters in Cagayan de Oro into two separate districts for the May 2007 elections. The Act aimed to delineate barangays into the first and second districts based on residency, with each district entitled to elect its respective representatives for Congress and the city council.

On March 13, 2007, the COMELEC promulgated Resolution No. 7837 to implement the provisions of R.A. No. 9371. Initiating his legal challenge, Bagabuyo filed a petition on March 27, 2007, arguing that the implementation of the Act was unconstitutional due to the alleged lack of a plebiscite—a prerequisite h

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Facts:

Background of the Legislation

• On October 10, 2006, Congressman Constantino G. Jaraula filed and sponsored House Bill No. 5859, “An Act Providing for the Apportionment of the Lone Legislative District of the City of Cagayan De Oro,” which eventually became Republic Act (R.A.) No. 9371.
• R.A. No. 9371 increased Cagayan de Oro’s legislative representation by apportioning the city into two legislative districts, thereby affecting the election of its House representative and members of the Sangguniang Panglungsod through a revised delineation of its barangays.

Implementation of the Law and Executive Action

• On March 13, 2007, the Commission on Elections (COMELEC) en banc promulgated Resolution No. 7837, implementing R.A. No. 9371.
• The resolution provided that specific barangays would comprise the first district (mostly rural areas) and the remaining barangays, including all urban barangays from Barangay 1 to Barangay 40, would form the second district.

Filing of the Petition and Parties’ Claims

• Petitioner Rogelio Bagabuyo filed a petition for certiorari, prohibition, and mandamus on March 27, 2007, seeking to halt the implementation of COMELEC Resolution No. 7837 and to nullify R.A. No. 9371 on constitutional grounds.
• The petitioner argued that the law and the resolution improperly divided a local government unit without providing for the mandatory plebiscite, effectively altering the political and economic rights of the city’s constituents.
• In an amended petition on April 10, 2008, additional respondents were included, such as Executive Secretary Eduardo Ermita and various local officials, implicating multiple branches of the government.

Arguments Presented by the Petitioner and Respondents

• Petitioner’s Arguments
• Contended that without a required plebiscite, the division of Cagayan de Oro into two districts amounted to an impermissible conversion and division of a local government unit.
• Argued that the legislative reapportionment diminished the voter’s ability to decide on city-wide representation and allowed for an arbitrary disbursement of government funds.
• Asserted that the division amounted to a material change in the political and economic rights of the city’s residents.
• Respondents’ (via the Office of the Solicitor General) Arguments
• Maintained that the petitioner violated the hierarchy of courts rule since the Regional Trial Court (RTC) has concurrent jurisdiction over the constitutionality of statutes.
• Claimed that R.A. No. 9371 strictly provided for legislative reapportionment and did not involve the division or conversion of a local government unit requiring a plebiscite.
• Pointed out that the constitutional criteria under Section 10, Article X (regarding creation or division of LGUs) were not met, as there was no change in territory, population, or income classification.

Procedural Posture and Immediate Developments

• The petitioner’s request for a temporary restraining order and writ of preliminary injunction was denied, and the May 14 National and Local Elections proceeded under the new district apportionment.
• The distinct constitutional provisions governing legislative apportionment (Article VI, Section 5) versus those governing the creation or division of LGUs (Article X, Section 10) became central to the disputes raised.

Issue:

Hierarchy of Courts

• Whether the petitioner violated the hierarchy of courts rule by filing directly with the Supreme Court when the RTC or the Court of Appeals had concurrent jurisdiction over cases challenging the constitutionality of a statute.
• Whether such a violation necessitated the dismissal of the petition.

Nature of the Legislative Reapportionment

• Whether R.A. No. 9371 merely apportions legislative representation by creating two legislative districts or whether it involves the division of a local government unit that would trigger the plebiscite requirement under Article X of the Constitution.
• Whether the act of reapportionment affected the political and corporate status of Cagayan de Oro as an intact city.

Equality of Representation

• Whether the reapportionment as effected by R.A. No. 9371 and COMELEC Resolution No. 7837 violates the principle of equality of representation due to disparities in population between the two districts.
• Whether using the number of registered voters or population figures is the appropriate basis for delineating districts, in light of constitutional mandates.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)