Sema vs.

COMELEC
Municipal Corporation Creation of LGUs by Autonomous Regions (ARMM) Population
Requirement
The Province of Maguindanao is part of ARMM. Cotabato City is part of the province of
Maguindanao but it is not part or ARMM because Cotabato City voted against its inclusion in a
plebiscite held in 1989. Maguindanao has two legislative districts. The 1
st
legislative district
comprises of Cotabato City and 8 other municipalities.
A law (RA 9054) was passed amending ARMMs Organic Act and vesting it with power to create
provinces, municipalities, cities and barangays. Pursuant to this law, the ARMM Regional Assembly
created Shariff Kabunsuan (Muslim Mindanao Autonomy Act 201) which comprised of the
municipalities of the 1
st
district of Maguindanao with the exception of Cotabato City.
For the purposes of the 2007 elections, COMELEC initially stated that the 1
st
district is now only
made of Cotabato City (because of MMA 201). But it later amended this stating that status quo
should be retained however just for the purposes of the elections, the first district should be called
Shariff Kabunsuan with Cotabato City this is also while awaiting a decisive declaration from
Congress as to Cotabatos status as a legislative district (or part of any).
Sema was a congressional candidate for the legislative district of S. Kabunsuan with Cotabato
(1
st
district). Later, Sema was contending that Cotabato City should be a separate legislative district
and that votes therefrom should be excluded in the voting (probably because her rival Dilangalen
was from there and D was winning in fact he won). She contended that under the Constitution,
upon creation of a province (S. Kabunsuan), that province automatically gains legislative
representation and since S. Kabunsuan excludes Cotabato City so in effect Cotabato is being
deprived of a representative in the HOR.
COMELEC maintained that the legislative district is still there and that regardless of S. Kabunsuan
being created, the legislative district is not affected and so is its representation.
ISSUE: Whether or not RA 9054 is unconstitutional. Whether or not ARMM can create validly LGUs.
HELD: RA 9054 is unconstitutional. The creation of local government units is governed by Section
10, Article X of the Constitution, which provides:
Sec. 10. No province, city, municipality, or barangay may be created, divided, merged, abolished or
its boundary substantially altered except in accordance with the criteria established in the local
government code and subject to approval by a majority of the votes cast in a plebiscite in the political
units directly affected.
Thus, the creation of any of the four local government units province, city, municipality or barangay
must comply with three conditions. First, the creation of a local government unit must follow the
criteria fixed in the Local Government Code. Second, such creation must not conflict with any
provision of the Constitution. Third, there must be a plebiscite in the political units affected.
There is neither an express prohibition nor an express grant of authority in the Constitution for
Congress to delegate to regional or local legislative bodies the power to create local government
units. However, under its plenary legislative powers, Congress can delegate to local legislative
bodies the power to create local government units, subject to reasonable standards and provided no
conflict arises with any provision of the Constitution. In fact, Congress has delegated to provincial
boards, and city and municipal councils, the power to create barangays within their jurisdiction,
subject to compliance with the criteria established in the Local Government Code, and the plebiscite
requirement in Section 10, Article X of the Constitution. Hence, ARMM cannot validly create Shariff
Kabunsuan province.
Note that in order to create a city there must be at least a population of at least 250k, and that a
province, once created, should have at least one representative in the HOR. Note further that in
order to have a legislative district, there must at least be 250k (population) in said district. Cotabato
City did not meet the population requirement so Semas contention is untenable. On the other hand,
ARMM cannot validly create the province of S. Kabunsuan without first creating a legislative district.
But this can never be legally possible because the creation of legislative districts is vested solely in
Congress. At most, what ARMM can create are barangays not cities and provinces.
















Bai Sandra Sema vs. COMELEC
Posted on September 10, 2012
G.R. No. 177597
July 16, 2008
Facts:
On August 28, 2006, the ARMM Regional Assembly, exercising its power to create provinces
under Sec.19, Art.VI of RA 9054, enacted Muslim Mindanao Autonomy Act No. 201 (MMA Act
201) creating the province of Shariff Kabunsuan in the first district ofMaguindanao.
The voters of Maguindanao ratified Shariff Kabunsuans creation in a plebiscite held on October 29,
2006.
On February 6, 2007, the Sangguniang Panlungsod of Cotabato City passed Resolution No. 3999
requesting the COMELEC to clarify the status of Cotabato City in view of the conversion of the
First District of Maguindanao into a regular province under MMA Act 201.
In an answer to Cotabato Citys query, the COMELEC issued Resolution No. 07-0407 maintaining
the status quo with Cotabato City as part of Shariff Kabunsuan in the FirstLegislative District of
Maguindanao.
However, in preparation for the May 14, 2007 elections, the COMELEC promulgated Resolution No.
7845 stating that Maguindanaos first legislative district is composed only of Cotabato City because
of the enactment of MMA Act No. 201. On May 10, 2007, the COMELEC issued Resolution No.
7902 amending Resolution No. 07-0407 by renaming the legislative district in question as Shariff
Kabunsan Province with Cotabato City.
Sema, who was a candidate for Representative of Shariff Kabunsuan with Cotabato City prayed for
the nullification of Resolution No. 7902 and the exclusion from the canvassing of votes cast in
Cotabato for that office. Sema contended that Shariff Kabunsuan is entitled to one representative in
Congress under Sec. 5(3), Art. VI of the Constitution and Sec.3 of the Ordinance appended to the
Constitution.
Issues:
1. Whether Sec. 19, Art. VI of RA 9054 delegating to the ARMM Regional Assembly the power to
create provinces, cities, municipalities and barangays is constitutional.
2. Whether a province created under Sec. 19, Art.VI of RA 9054 is entitled to one representative in
the House of Representatives without need of a national law creating a legislative district for such
province.
Held:
1.Sec.19, Art.VI of RA 9054 is UNCONSTITUTIONAL, insofar as it grants to the ARMM Regional
Assembly the power to create provinces and cities,for being contrary to Sec. 5
ofArt.VI and Sec.20 of Art. X of the Constitution, as well as Sec.3 of the Ordinance appended to the
Constitution.
The creation of LGUs is governed by Sec.10, Art.X of the Constitution:
No province, city, municipality, or barangay may be created, divided, merged, abolished or its
boundary substantially altered except in accordance with the criteria established in the local
government code (LGC) and subject to approval by a majority of the votes cast in a plebiscite in the
political units directly affected.
Thus, the creation of any LGU must comply with 3 conditions: First, the creation of an LGU must
follow the criteria fixed in the LGC. Second, such creation must not conflict with any provision of
the Constitution. Third, there must be a plebiscite in the political units affected.
There is neither an express prohibition nor an express grant of authority in the Constitution
for Congress to delegate to regional/legislative bodies the power to create LGUs.However, under
its plenary powers, Congress can delegate to local legislative bodies the power to create LGUs
subject to reasonable standards and provided no conflict arises with any provisions of the
Constitution. In fact, the delegation to regional legislative bodies of the power to create
municipalities and barangays is constitutional, provided the criteria established in the LGC and the
plebiscite requirement in Sec. 10, Art. X of the Constitution is complied.
However, the creation of provinces is another matter. Under the LGC, only x x x an Act of
Congress can create provinces, cities, or municipalities.
According to, Sec. 5 (3), Art.VI of the Constitution:
Each City with a population of at least 250,000, or each province, shall have at least 1
representative in the House of Representatives.
Similarly, Sec. 3 of the Ordinance appended to the Constitution provides,
Any province that may hereafter be created, or any city whose population may hereafter increase to
more than 250,000 shall be entitled in the immediately following election to at least 1 Member.
Thus, only Congress can create provinces and cities because the creation of provinces and cities
necessarily includes the creation of legislative districts, a power only Congress can exercise
under Sec. 5, Art.VI of the Constitution and Sec.3 of the Ordinance appended to the Constitution.
2.Legislative Districts are created or reapportioned only by an act of Congress. Under the
Constitution, the power to increase the allowable membership in the House of Representatives, and
to apportion legislative districts, is vested exclusively in Congress.
Sec. 5 (1), Art.VI of the Constitution vests Congress the power to increase the allowable membership
in the House of Representatives. Sec. 5 (4) empowers Congress to reapportion legislative
districts. The power to reapportion legislative districts necessarily includes the power to create
legislative districts out of existing ones.Congress exercises these powers through a law the
Congress itself enacts, not through a law enacted by regional/local legislative bodies. The power of
redistricting xxx is traditionally regarded as part of the power (of Congress) to make laws, and is
thus vested exclusively in (it) [Montejo v. COMELEC, 242 SCRA 415 (1995)].
An inferior legislative body cannot change the membership of the superior legislative body
which created it. Congress is a national legislature, and any changes in its membership through the
creation of legislative districts must be embodied in national law.
The power to create or reapportion legislative districts cannot be delegated by Congress but
must be exercised by Congress itself. Even the ARMM Regional Assembly recognizes this.
The ARMM cannot create a province without a legislative district because the Constitution
mandates that every province shall have a legislative district.
But this can never be legally possible because the creation of legislative districts is vested solely in
Congress.
Moreover, the ARMM Regional Assembly cannot enact a law creating a national office because Sec.
20, Art.X of the Constitution expressly provides that the legislative powers of regional assemblies are
limited only within its territorial jurisdiction. (Nothing in Sec. 20, Art.X of the Constitution
authorizes autonomous regions to create/apportion legislative districts for Congress.)
It is axiomatic that organic acts of autonomous regions cannot prevail over the Constitution.
Since the ARMM Regional Assembly has no legislative power to enact laws relating to national
elections, it cannot create a legislative district whose representative is elected in national elections.
At most, what ARMM can create are barangays not cities and provinces.




Sema v COMELEC G.R. No. 177597 July 16, 2008.
Facts: On 28 August 2006, the ARMMs legislature, the ARMM Regional Assembly,
exercising its power to create provinces under Section 19, Article VI of RA 9054,
enacted Muslim Mindanao Autonomy Act No. 201 (MMA Act 201) creating the
Province of Shariff Kabunsuan composed of the eight municipalities in the first
district of Maguindanao. MMA Act 201 provides:

Later, three new municipalities were carved out of the original nine municipalities
constituting Shariff Kabunsuan, bringing its total number of municipalities to 11.
Thus, what was left of Maguindanao were the municipalities constituting its second
legislative district. Cotabato City, although part of Maguindanaos first legislative
district, is not part of the Province of Maguindanao.

On 6 February 2007, the Sangguniang Panlungsod of Cotabato City passed
Resolution No. 3999 requesting the COMELEC to clarify the status of Cotabato City
in view of the conversion of the First District of Maguindanao into a regular
province under MMA Act 201.

Resolution No. 07-0407, which adopted the recommendation of the COMELECs
Law Department under a Memorandum dated 27 February 2007, provides in
pertinent parts:

Considering the foregoing, the Commission RESOLVED, as it hereby resolves, to
adopt the recommendation of the Law Department that pending the enactment of
the appropriate law by Congress, to maintain the status quo with Cotabato City as
part of Shariff Kabunsuan in the First Legislative District of Maguindanao.

On 10 May 2007, the COMELEC issued Resolution No. 7902, subject of these
petitions, amending Resolution No. 07-0407 by renaming the legislative district in
question as Shariff Kabunsuan Province with Cotabato City (formerly First District of
Maguindanao with Cotabato City).


Issue: The petitions raise the following issues:
I. In G.R. No. 177597:
(A) Preliminarily
(1) whether the writs of Certiorari, Prohibition, and Mandamus are proper to
test the constitutionality of COMELEC Resolution No. 7902; and
(2) whether the proclamation of respondent Dilangalen as representative of
Shariff Kabunsuan Province with Cotabato City mooted the petition in G.R. No.
177597.

(B) On the merits
(1) whether Section 19, Article VI of RA 9054, delegating to the ARMM
Regional Assembly the power to create provinces, cities, municipalities and
barangays, is constitutional; and
(2) if in the affirmative, whether a province created by the ARMM Regional
Assembly under MMA Act 201 pursuant to Section 19, Article VI of RA 9054 is
entitled to one representative in the House of Representatives without need of a
national law creating a legislative district for such province.

II. In G.R No. 177597 and G.R No. 178628, whether COMELEC Resolution No.
7902 is valid for maintaining the status quo in the first legislative district of
Maguindanao (as Shariff Kabunsuan Province with Cotabato City [formerly First
District of Maguindanao with Cotabato City]), despite the creation of the Province
of Shariff Kabunsuan out of such district (excluding Cotabato City).



Held: WHEREFORE, we declare Section 19, Article VI of Republic Act No. 9054
UNCONSTITUTIONAL insofar as it grants to the Regional Assembly of the
Autonomous Region in Muslim Mindanao the power to create provinces and
cities. Thus, we declare VOID Muslim Mindanao Autonomy Act No. 201 creating the
Province of Shariff Kabunsuan. Consequently, we rule that COMELEC Resolution No.
7902 is VALID.


Ratio: The creation of any of the four local government units province, city,
municipality or barangay must comply with three conditions. First, the creation of a
local government unit must follow the criteria fixed in the Local Government
Code. Second, such creation must not conflict with any provision of the
Constitution. Third, there must be a plebiscite in the political units affected.

There is neither an express prohibition nor an express grant of authority in the
Constitution for Congress to delegate to regional or local legislative bodies the power
to create local government units. However, under its plenary legislative powers,
Congress can delegate to local legislative bodies the power to create local
government units, subject to reasonable standards and provided no conflict arises
with any provision of the Constitution. In fact, Congress has delegated to provincial
boards, and city and municipal councils, the power to create barangays within their
jurisdiction, subject to compliance with the criteria established in the Local
Government Code, and the plebiscite requirement in Section 10, Article X of the
Constitution. However, under the Local Government Code, only x x x an Act of
Congress can create provinces, cities or municipalities.

However, the creation of provinces and cities is another matter. Section 5 (3),
Article VI of the Constitution provides, Each city with a population of at least two
hundred fifty thousand, or each province, shall have at least one representative in
the House of Representatives. Similarly, Section 3 of the Ordinance appended to the
Constitution provides, Any province that may hereafter be created, or any city
whose population may hereafter increase to more than two hundred fifty thousand
shall be entitled in the immediately following election to at least one Member x x
x.

Clearly, a province cannot be created without a legislative district because it will
violate Section 5 (3), Article VI of the Constitution as well as Section 3 of the
Ordinance appended to the Constitution. For the same reason, a city with a
population of 250,000 or more cannot also be created without a legislative district.

This textual commitment to Congress of the exclusive power to create or
reapportion legislative districts is logical. Congress is a national legislature and any
increase in its allowable membership or in its incumbent membership through the
creation of legislative districts must be embodied in a national law. Only Congress
can enact such a law. It would be anomalous for regional or local legislative bodies
to create or reapportion legislative districts for a national legislature like Congress.
An inferior legislative body, created by a superior legislative body, cannot change the
membership of the superior legislative body.


In view of certiorari and mandamus
The purpose of the writ of Certiorari is to correct grave abuse of discretion by
any tribunal, board, or officer exercising judicial or quasi-judicial functions. On the
other hand, the writ of Mandamus will issue to compel a tribunal, corporation,
board, officer, or person to perform an act which the law specifically enjoins as a
duty.


In view of mootness
There is also no merit in the claim that respondent Dilangalens proclamation as
winner in the 14 May 2007 elections for representative of Shariff Kabunsuan
Province with Cotabato City mooted this petition. This case does not concern
respondent Dilangalens election. Rather, it involves an inquiry into the validity of
COMELEC Resolution No. 7902, as well as the constitutionality of MMA Act 201 and
Section 19, Article VI of RA 9054. Admittedly, the outcome of this petition, one way
or another, determines whether the votes cast in Cotabato City for representative of
the district of Shariff Kabunsuan Province with Cotabato City will be included in the
canvassing of ballots. However, this incidental consequence is no reason for us not
to proceed with the resolution of the novel issues raised here. The Courts ruling in
these petitions affects not only the recently concluded elections but also all the
other succeeding elections for the office in question, as well as the power of the
ARMM Regional Assembly to create in the future additional provinces.


In view of the Felwa case
As further support for her stance, petitioner invokes the statement in Felwa that
when a province is created by statute, the corresponding representative district
comes into existence neither by authority of that statute which cannot provide
otherwise nor by apportionment, but by operation of the Constitution, without a
reapportionment.

First. The issue in Felwa, among others, was whether Republic Act No. 4695 (RA
4695), creating the provinces of Benguet, Mountain Province, Ifugao, and Kalinga-
Apayao and providing for congressional representation in the old and new provinces,
was unconstitutional for creating congressional districts without the apportionment
provided in the Constitution.

Thus, the Court sustained the constitutionality of RA 4695 because (1) it validly
created legislative districts indirectly through a special law enacted by Congress
creating a province and (2) the creation of the legislative districts will not result in
breaching the maximum number of legislative districts provided under the 1935
Constitution. Felwa does not apply to the present case because in Felwa the new
provinces were created by a national law enacted by Congress itself. Here, the new
province was created merely by a regional law enacted by the ARMM Regional
Assembly.

What Felwa teaches is that the creation of a legislative district by Congress does
not emanate alone from Congress power to reapportion legislative districts, but also
from Congress power to create provinces which cannot be created without a
legislative district. Thus, when a province is created, a legislative district is created by
operation of the Constitution because the Constitution provides that each province
shall have at least one representative in the House of Representatives.

Moreover, if as Sema claims MMA Act 201 apportioned a legislative district to
Shariff Kabunsuan upon its creation, this will leave Cotabato City as the lone
component of the first legislative district of Maguindanao. However, Cotabato City
cannot constitute a legislative district by itself because as of the census taken in
2000, it had a population of only 163,849.

Second. Semas theory also undermines the composition and independence of the
House of Representatives. Under Section 19, Article VI of RA 9054, the ARMM
Regional Assembly can create provinces and cities within the ARMM with or without
regard to the criteria fixed in Section 461 of RA 7160, namely: minimum annual
income of P20,000,000, and minimum contiguous territory of 2,000 square
kilometers or minimum population of 250,000. The following scenarios thus become
distinct possibilities:

It is axiomatic that organic acts of autonomous regions cannot prevail over the
Constitution. Section 20, Article X of the Constitution expressly provides that the
legislative powers of regional assemblies are limited [w]ithin its territorial
jurisdiction and subject to the provisions of the Constitution and national laws, x x
x. The Preamble of the ARMM Organic Act (RA 9054) itself states that the ARMM
Government is established within the framework of the Constitution. This follows
Section 15, Article X of the Constitution which mandates that the ARMM shall be
created x x x within the framework of this Constitution and the national sovereignty
as well as territorial integrity of the Republic of the Philippines.