Case Digest (G.R. No. 177597)
Facts:
Bai Sandra S. A. Sema v. Commission on Elections and Didagen P. Dilangalen, G.R. Nos. 177597 and 178628, July 16, 2008, Supreme Court En Banc, Carpio, J., writing for the Court. The consolidated petitions sought to annul COMELEC Resolution No. 7902 (May 10, 2007) which treated Cotabato City as part of the legislative district of the Province of Shariff Kabunsuan.Petitioner Bai Sandra S. A. Sema (G.R. No. 177597) was a candidate for Representative of “Shariff Kabunsuan with Cotabato City” in the May 14, 2007 elections; petitioner Perfecto F. Marquez (G.R. No. 178628) sought relief as a resident/taxpayer. Respondents were the Commission on Elections (COMELEC) and private respondent Didagen P. Dilangalen, proclaimed Representative of the district at issue.
Under the 1987 Constitution’s Ordinance, Maguindanao had two legislative districts; the first included Cotabato City and eight municipalities. The Autonomous Region in Muslim Mindanao (ARMM) was created by RA 6734, amended by Republic Act No. 9054 (RA 9054). On August 28, 2006 the ARMM Regional Assembly, invoking Section 19, Article VI of RA 9054, enacted Muslim Mindanao Autonomy Act No. 201 (MMA Act 201) creating the Province of Shariff Kabunsuan out of eight municipalities of Maguindanao’s first district; a plebiscite on October 29, 2006 ratified its creation. Cotabato City, however, is not part of ARMM (it had voted against inclusion in 1989).
Facing confusion about district composition, Cotabato City’s Sangguniang Panlungsod sought COMELEC clarification (Resolution No. 07-0407, March 6, 2007), where the COMELEC Law Department recommended maintaining the status quo “pending the enactment of the appropriate law by Congress.” COMELEC earlier issued Resolution No. 7845 (March 29, 2007) treating Maguindanao’s first district as composed only of Cotabato City because of MMA Act 201. On May 10, 2007 COMELEC issued Resolution No. 7902 (the subject resolution) amending 07-0407 and naming the district “Shariff Kabunsuan Province with Cotabato City (formerly First District of Maguindanao with Cotabato City).”
Sema filed G.R. No. 177597 (writs of certiorari, prohibition and mandamus) seeking nullification of Resolution No. 7902 and exclusion of Cotabato City votes from canvass; she argued MMA Act 201 improperly attempted to create a legislative district and that COMELEC usurped Congress’ power. The COMELEC (through the OSG) initially argued the suit was procedurally improper but later said it would maintain the status quo pending Congressional action; respondent Dilangalen defended the COMELEC action and argued Cotabato City lacked the 250,000 population threshold for a separate district (2000 census: 163,849).
The Court required supplemental briefs on whether a province created by the ARMM Regional Assembly under Section 19 is entitled to a Representative without a national law. Positions diverged: Sema urged automatic entitlement (citing Felwa v. Salas); COMELEC briefly joined that view (calling Sec...(Pro-only)
Issues:
- Are the writs of Certiorari, Prohibition, and Mandamus proper to test the constitutionality of COMELEC Resolution No. 7902, and did the proclamation of respondent Dilangalen moot G.R. No. 177597?
- Is Section 19, Article VI of RA 9054 (delegating to the ARMM Regional Assembly the power to create provinces, cities, municipalities and barangays) constitutional?
- If Section 19 is constitutional, is a province created by the ARMM Regional Assembly under MMA Act 201 entitled to one representative in the House of Representatives without a national law creating a legislative district?
- Is COMELEC Resolution No. 7902 valid in maintaining the status quo of the first legislative district of Maguindanao as “Shariff Kabu...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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