Case Summary (G.R. No. 177597)
Procedural History
– Cotabato City sought COMELEC clarification by Resolution No. 07-0407 (March 6, 2007), which maintained the status quo as “Shariff Kabunsuan Province with Cotabato City” pending a national law.
– COMELEC Resolution No. 7845 (March 29, 2007) reapportioned Maguindanao’s first district as Cotabato City alone.
– COMELEC Resolution No. 7902 (May 10, 2007) amended No. 07-0407, renaming the district “Shariff Kabunsuan Province with Cotabato City.”
– Sema and Marquez filed consolidated petitions (G.R. Nos. 177597, 178628) challenging Resolution No. 7902 and seeking nullification and special elections.
Issues Presented
- Properness of certiorari, prohibition, mandamus and mootness by proclamation.
- Constitutionality of Section 19, Art. VI of RA 9054—delegation to ARMM Assembly of power to create provinces, cities, municipalities, barangays.
- Whether a province created by ARMM Assembly is entitled to its own congressional district absent a national law.
- Validity of COMELEC Resolution No. 7902 maintaining the status quo.
Preliminary Rulings
– Writ of Prohibition: appropriate to test constitutionality of election regulations.
– Proclamation of respondent Dilangalen did not moot the petitions because Resolution No. 7902’s validity affects future elections and ARMM’s legislative powers.
Delegation of Power to Create Provinces
– Section 10, Art. X (1987 Const.) requires creation of local government units per Local Government Code (RA 7160) criteria and plebiscite approval.
– Congress may delegate creation of provinces and cities to ARMM Assembly under its plenary legislative power; such delegation must comply with constitutional limits.
– ARMM Organic Act (RA 9054, Sec. 19) delegated creation of provinces, cities, municipalities, barangays to Regional Assembly, subject to LGC criteria and plebiscite.
Exclusive Authority over Legislative Districts
– Section 5, Art. VI (1987 Const.) vests in Congress exclusively the power to fix House membership and reapportion legislative districts; each province must have at least one representative; membership not to exceed two hundred fifty unless otherwise fixed by law.
– Creation of a province inherently requires creation of a legislative district; therefore only Congress can validly create or reapportion congressional districts.
– ARMM Assembly lacks power to create new legislative districts for provinces or cities.
Court’s Ruling
– Section 19, Art. VI of RA 9054 is unconstitutional insofar as it grants ARMM Assembly power to create p
Case Syllabus (G.R. No. 177597)
Background and Facts
- The 1987 Constitution’s Ordinance apportioned two legislative districts for Maguindanao, with the first district comprising Cotabato City and eight municipalities.
- Maguindanao is part of the Autonomous Region in Muslim Mindanao (ARMM), created under Republic Act No. 6734 as amended by RA 9054; Cotabato City, though in the first district, remained outside ARMM after a 1989 plebiscite.
- On August 28, 2006, the ARMM Regional Assembly enacted MMA Act No. 201 creating the Province of Shariff Kabunsuan out of eight Maguindanao municipalities; it provided that, “except as may be provided by national law, the existing legislative district, which includes Cotabato City, shall remain.”
- Three additional municipalities were later carved out, bringing Shariff Kabunsuan’s total to eleven; Maguindanao was left with its second district municipalities.
- A plebiscite on October 29, 2006 ratified Shariff Kabunsuan’s creation; Cotabato City’s status was clarified by Cotabato City Resolution No. 3999 (Feb. 6, 2007).
- COMELEC Resolution No. 07-0407 (Mar. 6, 2007) maintained “status quo” with Cotabato City as part of Shariff Kabunsuan in Maguindanao’s first district pending national law; Resolution No. 7845 (Mar. 29, 2007) treated Cotabato City as the lone first-district component.
- On May 10, 2007, COMELEC Resolution No. 7902 renamed the district “Shariff Kabunsuan Province with Cotabato City (formerly First District of Maguindanao with Cotabato City).”
Procedural History
- G.R. No. 177597: Bai Sandra S. A. Sema, a 2007 candidate for Representative of “Shariff Kabunsuan with Cotabato City,” filed for certiorari, prohibition, and mandamus to annul COMELEC Resolution No. 7902 and exclude Cotabato City votes.
- G.R. No. 178628: Perfecto F. Marquez, a Cotabato City resident, sought declaratory relief and writs of prohibition and mandamus to compel a special election for Maguindanao’s first district with Cotabato City.
- Respondents COMELEC and Dilangalen raised estoppel, mootness, and jurisdictional objections; parties submitted comments, replies, and memoranda on (a) proper remedy, (b) mootness by proclamation, (c) constitutionality of Section 19, Art. VI of RA 9054, and (d) entitlement of ARMM-created provinc