ROGELIO Z. BAGABUYO, petitioner,vs. COMMISSION ON ELECTIONS, respondent.

G.R. No. 176970 December 8, 2008

FACTS:
On October 10, 2006, Cagayan de Oros then Congressman Constantino G. Jaraula filed and sponsored House Bill No. 5859:
An Act Providing for the Apportionment of the Lone Legislative District of the City of Cagayan De Oro.[3] This law eventually
became Republic Act (R.A.) No. 9371.[4] It increased Cagayan de Oros legislative district from one to two. For the election
of May 2007, Cagayan de Oros voters would be classified as belonging to either the first or the second district, depending
on their place of residence. The constituents of each district would elect their own representative to Congress as well as
eight members of the Sangguniang Panglungsod.
BGABUYO COMELEC
1)Argued that the COMELEC cannot implement 1) the petitioner did not respect the hierarchy of courts, as the
R.A. No. 9371 without providing for the rules, Regional Trial Court (RTC) is vested with concurrent jurisdiction over
regulations and guidelines for the conduct of a cases assailing the constitutionality of a statute;
plebiscite which is indispensable for the division 2) R.A. No. 9371 merely increased the representation of Cagayan de
or conversion of a local government unit. Oro City in the House of Representatives and Sangguniang
2)Prayed for the issuance of an order directing Panglungsod pursuant to Section 5, Article VI of the 1987 Constitution;
the respondents to cease and desist from 3) the criteria established under Section 10, Article X of the 1987
implementing R.A. No. 9371 and COMELEC Constitution only apply when there is a creation, division, merger,
Resolution No. 7837, and to revert instead to abolition or substantial alteration of boundaries of a province, city,
COMELEC Resolution No. 7801 which provided municipality, or barangay; in this case, no such creation, division,
for a single legislative district for Cagayan de merger, abolition or alteration of boundaries of a local government unit
Oro. took place; and 4) R.A. No. 9371 did not bring about any change in
Cagayan de Oros territory, population and income classification; hence,
no plebiscite is required.
ISSUE HELD RATIO
Whether or not a No, a plebiscite is not RA 9371 merely increased the representation of Cagayan de Oro City in
plebiscite was required in the case at the House of Representatives and Sangguniang Panglungsod pursuant
required in the case bar. to Section 5, Article VI of the 1987 Constitution; the criteria established
at bar under Section 10, Article X of the 1987 Constitution only apply when
there is a creation, division, merger, abolition or substantial alteration
of boundaries of a province, city, municipality, or barangay; in this
case, no such creation, division, merger, abolition or alteration of
boundaries of a local government unit took place; and R.A. No. 9371
did not bring about any change in Cagayan de Oros territory,
population and income classification; hence, no plebiscite is required.
What happened here was a reapportionment of a single legislative
district into two legislative districts.
Before, Cagayan de Oro had only one congressman and 12 city council
members citywide for its population of approximately 500,000. By
having two legislative districts, each of them with one congressman,
Cagayan de Oro now effectively has two congressmen, each one
representing 250,000 of the citys population. This easily means better
access to their congressman since each one now services only 250,000
constituents as against the 500,000.
ART 6. Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members,
unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and
the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those
under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to
party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious
sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with
a population of at least two hundred fifty thousand, or each province, shall have at least one representative.
(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative
districts based on the standards provided in this section.
ART 10. Section 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.
Reapportionment is the realignment or change in legislative districts brought about by changes in population and
mandated by the constitutional requirement of equality of representation
Section 1 of R.A. No. 9371 apportioned the Citys barangays as follows:
Legislative Districts The lone legislative district of the City of Cagayan De Oro is hereby apportioned to
commence in the next national elections after the effectivity of this Act. Henceforth, barangays Bonbon,
Bayabas, Kauswagan, Carmen, Patag, Bulua, Iponan, Baikingon, San Simon, Pagatpat, Canitoan, Balulang,
Lumbia, Pagalungan, Tagpangi, Taglimao, Tuburan, Pigsag-an, Tumpagon, Bayanga, Mambuaya,
Dansulihon, Tignapoloan and Bisigan shall comprise the first district while barangays Macabalan, Puntod,
Consolacion, Camaman-an, Nazareth, Macasandig, Indahag, Lapasan, Gusa, Cugman, FS Catanico, Tablon,
Agusan, Puerto, Bugo, and Balubal and all urban barangays from Barangay 1 to Barangay 40 shall comprise
the second district.[5]