Sema v. Commission on Elections
NEW DOCTRINEFacts
The Antecedents: The Province of Maguindanao was originally apportioned into two legislative districts. The first district included Cotabato City and eight municipalities. The Autonomous Region in Muslim Mindanao (ARMM) was created under Republic Act No. 6734, as amended by Republic Act No. 9054. Cotabato City, though geographically within the first district of Maguindanao, voted against inclusion in the ARMM and is part of Region XII. The ARMM Regional Assembly enacted Muslim Mindanao Autonomy Act No. 201 (MMA Act 201), creating the Province of Shariff Kabunsuan from eight municipalities of Maguindanao's first legislative district. Subsequently, three more municipalities were added to Shariff Kabunsuan, leaving only the second legislative district for the remaining municipalities of Maguindanao. Procedural History: Following the creation of Shariff Kabunsuan, the Sangguniang Panlungsod of Cotabato City requested clarification from the Commission on Elections (COMELEC) regarding the city's status. The COMELEC, in Resolution No. 07-0407, maintained the status quo, treating Cotabato City as part of Shariff Kabunsuan in the First Legislative District of Maguindanao, pending congressional action. However, for the 2007 elections, COMELEC Resolution No. 7845 stated that Maguindanao's first legislative district comprised only Cotabato City due to MMA Act 201. Subsequently, COMELEC Resolution No. 7902, the subject of these petitions, amended Resolution No. 07-0407 by renaming the district as "Shariff Kabunsuan Province with Cotabato City (formerly First District of Maguindanao with Cotabato City)." These consolidated petitions challenge the validity of COMELEC Resolution No. 7902. The Petition: The consolidated petitions seek to annul COMELEC Resolution No. 7902. Petitioner Bai Sandra S. A. Sema argues that Shariff Kabunsuan is entitled to its own representative in Congress and that the COMELEC usurped Congress's power to reapportion legislative districts. Petitioner Perfecto F. Marquez contends that Cotabato City should not be combined with Shariff Kabunsuan into a single legislative district. The petitions also raise the constitutionality of Section 19, Article VI of Republic Act No. 9054, which grants the ARMM Regional Assembly the power to create provinces, and the validity of MMA Act 201. The core arguments revolve around whether the ARMM Regional Assembly can create provinces and whether such creation automatically entitles a new province to its own legislative district without an act of Congress.
Issue(s)
(A) Preliminarily, whether the writs of Certiorari, Prohibition, and Mandamus are proper to test the constitutionality of COMELEC Resolution No. 7902, and whether respondent Dilangalen’s proclamation mooted the petition in G.R. No. 177597. (B) Whether Section 19, Article VI of Republic Act No. 9054 (RA 9054), delegating to the ARMM Regional Assembly the power to create provinces, cities, municipalities and barangays, is constitutional. (C) If Section 19, Article VI of RA 9054 is constitutional, whether a province created by the ARMM Regional Assembly under MMA Act 201 is entitled to one representative in the House of Representatives without need of a national law creating a legislative district for such province. (D) Whether COMELEC Resolution No. 7902 is valid for maintaining the status quo in the first legislative district of Maguindanao despite the creation of the Province of Shariff Kabunsuan.
Ruling
The petitions are denied. Section 19, Article VI of RA 9054 is declared UNCONSTITUTIONAL insofar as it grants to the Regional Assembly of the Autonomous Region in Muslim Mindanao the power to create provinces and cities. Consequently, Muslim Mindanao Autonomy Act No. 201 creating the Province of Shariff Kabunsuan is declared VOID. COMELEC Resolution No. 7902 is declared VALID.
Ratio Decidendi
On Issues (A): The Court held that while Certiorari and Mandamus might not be strictly applicable as the COMELEC acted administratively, the writ of Prohibition is a proper remedy to test the constitutionality of election laws, rules, and regulations. The proclamation of respondent Dilangalen did not moot the petition because the case involved the validity of COMELEC Resolution No. 7902, the constitutionality of MMA Act 201, and Section 19, Article VI of RA 9054, which have implications beyond the specific election. On Issue (B): The Court ruled that Section 19, Article VI of RA 9054 is unconstitutional insofar as it grants the ARMM Regional Assembly the power to create provinces and cities. The creation of local government units is governed by Section 10, Article X of the Constitution, requiring compliance with criteria in the Local Government Code and subject to a plebiscite. While Congress can delegate the power to create local government units, the creation of provinces and cities inherently involves the creation of legislative districts. The power to create or reapportion legislative districts is vested exclusively in Congress under Section 5, Article VI of the Constitution. Since the ARMM Regional Assembly cannot create legislative districts, it cannot create provinces or cities, as these would require corresponding legislative districts. On Issue (C): The Court clarified that a province created by a regional law, unlike one created by an Act of Congress, does not automatically gain a legislative district by operation of the Constitution. The case of Felwa v. Salas was distinguished because it involved provinces created by a national law enacted by Congress. Furthermore, allowing the ARMM Regional Assembly to create provinces without regard to population requirements could lead to disproportionate representation and an increase in the House membership beyond the constitutional limit, undermining the principle of proportional representation and the tri-branch system of government. Cotabato City itself, with a population below 250,000, could not constitute a legislative district on its own. On Issue (D): The Court found COMELEC Resolution No. 7902 to be valid. Since MMA Act 201 was declared void for being unconstitutional, the Province of Shariff Kabunsuan was never validly created. Therefore, the COMELEC's action in preserving the status quo of the first legislative district of Maguindanao, which included Cotabato City, was a correct and constitutional measure pending the enactment of appropriate legislation by Congress.
Main Doctrine
The power to create provinces and cities, which inherently involves the creation of legislative districts, is vested exclusively in Congress and cannot be delegated to regional assemblies like the ARMM Regional Assembly. Consequently, Muslim Mindanao Autonomy Act No. 201, which created the Province of Shariff Kabunsuan, is void.