ALDABA vs COMELEC

GR 188078 January 25, 2010 Mara

SUMMARY:

This is an original action for Prohibition to declare unconstitutional Republic Act No. 9591 (RA 9591), creating a legislative district for the cit of !alolos, "ulacan, for violating the #ini#u# population re$uire#ent for the creation of a legislative district in a cit because the population count used as basis for the addition of a legislative district %as based on the undated de#ographic pro&ected population of !alabon issued b 'ir Alberto !iranda of the N() %hich states that b ear *+1+ the population %ould be *5+,+++. ,ourt declares that pro&ection re$uire#ents should be strictl co#plied %ith, or should be based on actual figures instead, and the legislative seat shall be granted on the follo%ing election after its attain#ent.

DOCTRINE: FACTS: Before May 2009 the province of Bulacan was represented by four legislative districts. On May 1, 2009 R 9!91 has lapsed into law a"ending Malolos #ity #hapter which created the separate legislative district. t the ti"e R 9!91 was passed in #ongress the population of Malolos #ity was only 22$, 0%$ & while this fact is contested, there is no dispute that R 9!91 on the otherhand was based on an undated certification issued by the Regional Director of the National tatistics !ffice, 'ir lberto Miranda that the pro(ected population of Malabon would be 2!),0$0 by the year 2010 using the population growth rate of $.*+ fro" 199!,2000. -etitioners on the other filed this petition contending that R 9!91 is unconstitutional for failing to "eet the "ini"u" population threshold to "erit representation in #ongress as provided under .ection !/$0 rticle 12 of the 19+* #onstitution and .ection $ of the Ordinance appended in the 19+* #onstitution. O.3s position on the issue that the use of a pro(ected population is non (usticiable as it involves the wisdo" of the legislature to deter"ine co"pliance with the constitutional re4uire"ents.

ISSUE: 5he issue is whether the #ity of Maloloas has a population of at least 2!0,000 whether actual or pro(ected for the purpose of creating a legislative district in ti"e for the May 2010 elections, otherwise R 9!91 should be considered unconstitutional. HELD: 2t should be based on actual figures, and granted on the ne6t election after the attain"ent of such nu"ber. R 9!91 is unconstitutional. RATIO: ,ertification of Regional 'irector !iranda, which is based on demographic projections, is %ithout legal effect because Regional 'irector !iranda has no basis and no authorit to issue the ,ertification. The ,ertification is also void on its face because based on its o%n gro%th rate assu#ption, the population of !alolos %ill be less than *5+,+++ in the ear *+1+. -n addition, intercensal de#ographic pro&ections cannot be #ade for the entire ear. -n an event, a cit %hose population has increased to *5+,+++ is entitled to have a legislative district onl in the . immediately following electionafter the attain#ent of the *5+,+++ population (ection / of 01ecutive )rder No. 125dated / Nove#ber 1992 issued b President 3idel 4. Ra#os provides5 (0,T-)N /. 6uidelines on the -ssuance of ,ertification of Population si7es Pursuant to (ection 8, 29/, ::*, :5+, :5*, and :/1 of the Ne% ;ocal 6overn#ent ,ode. (a) The National (tatistics )ffice shall issue certification on data that it has collected and processed as %ell as on statistics that it has esti#ated. (b) 3or census ears, certification on population si7e %ill be based on actual population census

counts< %hile for the intercensal years, the certification will be made on the basis of a set of demographic projections or estimates declared official by the National Statistical Coordination Board (NSCB). (c) ,ertification of population census counts %ill be #ade as of the census reference date, such as !a 1, 199+, while those of intercensal population estimates will be as of middle of every year. (d) ,ertification of population si7e based on pro&ections #a specif the range %ithin %hich the true count is dee#ed li=el to fall. The range %ill correspond to the official lo% and high population pro&ections. (e) The s#allest geographic area for %hich a certification on population si7e #a be issued %ill be the baranga for census population counts, and the cit or #unicipalit for intercensal esti#ates. -f an ;6> %ants to conduct its o%n population census, during off?census ears, approval #ust be sought fro# the N(," and the conduct #ust be under the technical supervision of N() fro# planning to data processing. (f) ,ertifications of population si7e based on published census results shall be issued b the Provincial ,ensus )fficers or b the Regional ,ensus )fficers. Certifications based on projections or estimates, however, will be issued by the NS !dministrator or his designated certifying officer. (0#phasis supplied) -opulation pro(ection if used as a basis for the creation of a legislative district, should be based on credible sources. The ,ertification of Regional 'irector !iranda does not state that the de#ographic pro&ections he certified have been declared official b the N(,". The records of this case do not also sho% that the ,ertification of Regional 'irector !iranda is based on de#ographic pro&ections declared official b the N(,". he ,ertification, %hich states that the population of !alolos .%ill be *5:,+2+ b the ear *+1+,@ violates the re$uire#ent that intercensal de#ographic pro&ections shall be .as of the #iddle of ever ear.@ -n addition, there is no sho%ing that Regional 'irector !iranda has been designated b the N() Ad#inistrator as a certif ing officer for de#ographic pro&ections in Region ---. -n the absence of such official designation, onl the certification of the N() Ad#inistrator can be given credence b this ,ourt. "ased on a gro%th rate of 2.89A, the population of !alolos %ill gro% to onl *:9,2/5 as of 1 August *+1+. "ven if the growth rate is compounded yearly, the population of #alolos of $$%,&'( as of ) !ugust $&&* will grow to only $+(,%%% as of ) !ugust $&)& Based on .ection $ of the Ordinance appended to the 19+* #onstitution, the additional legislative seat shall only be granted in the election after the city has obtained the 2!0,000 population bench"ar7.
ny province that "ay be created, or any city whose population "ay hereafter increase to "ore than two hundred fifty thousand shall be entitled in the i ediatel! "#ll#$in% ele&ti#n t# at least #ne Me be' or such nu"ber of "e"bers as it "ay be entitled to on the basis of the nu"ber of its inhabitants and according to the standards set forth in paragraph /$0, .ection ! of rticle 12 of the #onstitution. 666. /8"phasis supplied0

)n the )(6Bs contention that ,ongressB choice of #eans to co#pl %ith the population re$uire#ent in the creation of a legislative district is nonC&usticiable, suffice it to sa that $uestions calling for &udicial determination of compliance %ith constitutional standards b other branches of the govern#ent a re fundamentally justiciable. The resolution of such $uestions falls %ithin the chec=ing function of this ,ourt under the 1998 ,onstitution to deter#ine %hether there has been a grave abuse of discretion a#ounting to lac= or e1cess of &urisdiction on the part of an branch or instru#entalit of the 6overn#ent. 5herefore the #ourt ,"C-!."S Republic Act No. 9591 /NC NS010/01 N!- for being violative of (ection 5(2), Article 4- of the 1998 ,onstitution and (ection 2 of the )rdinance appended to the 1998 ,onstitution.