G.R. No. 210816 - People vs. Go

Petitioner Cirilo Roy G. Montejo represented the First District of Leyte and sought the annulment of Section 1 of COMELEC Resolution No. 2736, which redistricted certain municipalities in Leyte.
Montejo claimed the resolution violated the principle of equality of representation by failing to address voter and population disparities between districts.
Montejo proposed transferring the municipality of Tolosa from the First to the Second District to remedy the disparity.
Intervenor Sergio A.F. Apostol, representing the Second District, opposed the inclusion of Tolosa in his district.
The COMELEC issued Resolution No. 2736 transferring municipalities Capoocan and Palompon to the Third District but left the First District composition, including Tolosa, unchanged.

Leyte province, including Tacloban and Ormoc cities, is divided into five legislative districts.
The First District comprised Tacloban City and municipalities including Tolosa; the Second District included various municipalities but not Tolosa.
Biliran was a sub-province of Leyte (part of the Third District) and became a regular province in 1992 following a plebiscite pursuant to the Local Government Code.
The creation of Biliran Province removed eight municipalities from the Third District, reducing its population significantly and creating inequality in district representation.

To address population disparities, COMELEC transferred Capoocan (from the Second) and Palompon (from the Fourth) to the Third District but did not transfer Tolosa as requested by petitioner.
Petitioner moved for reconsideration, highlighting the voter population gap between the First and Second Districts and proposing the transfer of Tolosa to the Second District.
The motion was denied by COMELEC, which emphasized minimal disruption and compliance with territory contiguity requirements.

Petitioner filed for annulment of Section 1 of Resolution No. 2736 before the Supreme Court, contending COMELEC exceeded its constitutional authority and violated the principle of equal representation.
Respondent COMELEC defended its resolution as constitutional and within its powers as provided by the Ordinance appended to the 1987 Constitution.
The Solicitor General supported petitioner’s position, while the intervenor contested the petition on jurisdictional grounds and constitutionality of the resolution.

Whether the Commission on Elections (COMELEC) possesses the constitutional authority to transfer municipalities from one legislative district to another by promulgating Resolution No. 2736.

Whether Section 1 of COMELEC Resolution No. 2736 violates the constitutional principle of equality of representation by failing to appropriately realign municipalities to reflect population changes following the creation of Biliran Province.
Whether the petitioner's proposed transfer of Tolosa from the First to the Second District is warranted to remedy voter population inequity.