I.

II.
III.

Short Title: BAGABUYO v. COMELEC

Full Title: Rogelio Z. Bagabuyo (Bagabuyo) versus Commission on Elections
(COMELEC) G.R. No. 176970, December 8, 2008, J. Brion
Statement of Facts:

On October 10, 2006, Cagayan de Oros then Congressman Constantino G. Jaraula filed
House Bill No. 5859 which eventually became R.A. No. 9371. On March 13, 2007, COMELEC
promulgated Resolution No. 7837 implementing R.A. 9371. It provides the increase of Cagayan
de Oros legislative district from one to two.
IV.

Statement of the Case

On March 27, 2007, Petitioner Bagabuyo filed a petition against the COMELEC asking
for the nullification of R.A. 9371 and Resolution No. 7837. Bagabuyo argued that the
COMELEC cannot implement said law without providing for the rules, regulations and
guidelines for the conduct of a plebiscite which is indispensible for the division of a local
governmental unit.
V.

Issues

Whether or not R.A. 9371 merely provides for the legislative reapportionment of
Cagayan de Oro City, or does it involve the division and conversion of a local government unit.
VI.

Ruling

Yes, it provides only for legislative reapproportionment. Legislative apportionment is the

allocation of seats in a legislative body in proportion to the population of a State, county or
other subdivision to equalize population and voting power among districts. Reapportionment, on
the other hand, is the realignment or change in the legislative districts brought about by changes
in the population.
Pursuant to Article VI, Sec. 5 and Article X, Section 10 of the 1987 Constitution, the
Legislature is entitled to (1) make an apportionment and reapportionment of legislative districts
and (2) create, divide, merge, abolish local government units and alter boundaries of local
governments, respectively. However, the difference between the two acts is that the LATTER
requires a plebiscite while the FORMER does not.
The rationale behind it is legislative districts are mere political units. They have (1) no
legal personality that can be created or dissolved and have (2) no capacity to act. They merely
delineate the areas occupied by the people who will choose a representative in their national
affairs. Thus, a plebiscite is not required.
On the other hand, local government units are political and corporate units. They are an
(1) instrument of the state in carrying the functions of the government and an (2) agency of the

community in the administration of local affairs. In light of said roles, it is necessary to secure
the consent of the people through a plebiscite.
However, in the case at bar, R.A. 9371 merely increases the legislative district of
Cagayan de Oro through legislative reapportionment. Meaning, Cagayan de Oros territory
remains completely whole and intact; there is only an addition of another legislative district.
VII.

Dispositive Portion

Wherefore, petition is DISMISSED for lack of merit.