Tobias v.

Abalos

Nature: Petition to render RA 7675 unconstitutional Facts: RA 7675 is an act entitled Converting the municipality of Mandaluyong into a highly urbanized city of Mandaluyong. Prior to the Act, Mandaluyong and San Juan shared the same legislative district. At the plebiscite to vote for the Act, there was a mere 14.41% turnout, but, due to the fact that 18,621 said yes and 7,911 said no, act was then ratified. Petitioners now claim that RA 7675 Art VIII Sec 49 is unconstitutional and violative of 3 specific provisions of the Const.

1. Violates one-subject-one-bill rule (Sec 26(1) of Art VI) - Accdg to petitioners, there are two subjects involved in the RA namely the
conversion of Mandaluyong into a city and the division of congressional districts of San Juan and Mandaluyong. - The title necessarily includes and contemplates subjects treated under Sec 49 re: creation of separate congressional districts for Mandaluyong - Apply the practical rather than the technical construction of the law 2. Violates Art VI, Sec 5(1) and 4 of Constitution a) accdg to petitioners, it was not shown whether the municipalities (now divided), attained minimum population requirements. - It enjoys presumption of having passed through regular congressional processes including due consideration by members of the minimum requirements for establishments of the separate districts. - Not required that all laws emanating from legislative must contain all relevant data considered by Congress in enactment. b) accdg to petitioners, division of districts increased composition of House of Representatives. - present limit of 250 not absolute, hence the clause unless otherwise provided by law - composition of Congress may increase if Congress itself mandates it thru legislative enactment 3. RA pre-empted rights of Congress to reapportion legislative districts - CONGRESS WAS THE ONE WHO DRAFTED AND DELIBERATED UPON AND ENACTED ASSAILED LAW IN SEC 49!!! Additional complaints:

1. How come San Juan residents did not participate in plebiscite?

Because plebiscite had nothing to do with them.

2. RA promotes gerrymandering (creating legislative districts to

favor a particular candidate). NO because Ronaldo Zamora, author of the assailed law is the incumbent representative of former San Juan/Mandaluyong district and yet, the RA DIMINISHED his constituency. Ruling: PETITION DISMISSED