G.R. No. 176970 - Bagabuyo vs. Commission on Elections

On October 10, 2006, Constantino G. Jaraula filed and sponsored House Bill No. 5859, entitled "An Act Providing for the Apportionment of the Lone Legislative District of the City of Cagayan De Oro."
The bill became Republic Act No. 9371, which increased the City of Cagayan De Oro's legislative districts from one to two and apportioned specific barangays to the first and second districts in Section 1.
On March 13, 2007, the Commission on Elections (COMELEC) en banc promulgated Resolution No. 7837 implementing R.A. No. 9371.
COMELEC Resolution No. 7837 superseded COMELEC Resolution No. 7801, which had provided for a single legislative district prior to R.A. No. 9371.
R.A. No. 6636 (Section 3) provided that cities with more than one representative district shall have eight councilors for each district, affecting the composition of the Sangguniang Panglungsod upon reapportionment.

Rogelio Z. Bagabuyo filed a petition for certiorari, prohibition, and mandamus under Rule 65, Rules of Court, on March 27, 2007, seeking to prevent COMELEC from implementing Resolution No. 7837 on the ground that R.A. No. 9371 is unconstitutional.
On April 10, 2008, the petitioner amended the petition to add as respondents the Executive Secretary, the Secretary of the Department of Budget and Management, the Chairman of the Commission on Audit, the Mayor and members of the Sangguniang Panglungsod of Cagayan de Oro City, and its Board of Canvassers.
The petitioner sought an order directing respondents to cease implementation of R.A. No. 9371 and COMELEC Resolution No. 7837, and to revert to COMELEC Resolution No. 7801.
The Court denied the petitioner's prayer for a temporary restraining order and writ of preliminary injunction; consequently, the May 14 national and local elections proceeded under R.A. No. 9371 and COMELEC Resolution No. 7837.

The petitioner contended that: (a) COMELEC could not implement R.A. No. 9371 without rules and a plebiscite required for division or conversion of a local government unit; (b) the law effected a division or conversion of the City requiring voter approval; (c) voters were deprived of equal political rights and representation; and (d) government funds were illegally disbursed without prior approval by the electorate.
The respondent, through the Office of the Solicitor General, maintained that: (a) the petition improperly bypassed lower courts under th...(Subscriber-Only)

Whether the petitioner violated the principle of hierarchy of courts by filing directly in the Supreme Court and, if so, whether the petition should be dismissed on that ground.

Whether R.A. No. 9371 merely effects legislative reapportionment of Cagayan de Oro City or whether it involves the creation, division, merger, abolition, or substantial alteration of the City as a local government unit invoking Article X, Section 10.