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    Aldaba Vs COMELEC GR No. 188078 January 25, 2010

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    Dotecho Jzo Ey
    This document summarizes a Supreme Court case that ruled a law creating a separate legislative district for the city of Malolos, Bulacan to be unconstitutional. It provides background that Malolos was previously part of a multi-city legislative district for Bulacan province. A new law attempted to make Malolos its own single-city district based on a projected 2010 population of 254,030, but the Court ruled this projection invalid and found the actual population at the time to be below the 250,000 threshold required by the Constitution to qualify for a separate district. Therefore, the law creating the Malolos district was declared unconstitutional.

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    Aldaba Vs COMELEC GR No. 188078 January 25, 2010

    Uploaded by

    Dotecho Jzo Ey
    52 views1 page
    This document summarizes a Supreme Court case that ruled a law creating a separate legislative district for the city of Malolos, Bulacan to be unconstitutional. It provides background that Malolos was previously part of a multi-city legislative district for Bulacan province. A new law attempted to make Malolos its own single-city district based on a projected 2010 population of 254,030, but the Court ruled this projection invalid and found the actual population at the time to be below the 250,000 threshold required by the Constitution to qualify for a separate district. Therefore, the law creating the Malolos district was declared unconstitutional.

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    Aldaba vs COMELEC GR No. 188078 January 25, 2010

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    This document summarizes a Supreme Court case that ruled a law creating a separate legislative district for the city of Malolos, Bulacan to be unconstitutional. It provides background that Malolos was previously part of a multi-city legislative district for Bulacan province. A new law attempted to make Malolos its own single-city district based on a projected 2010 population of 254,030, but the Court ruled this projection invalid and found the actual population at the time to be below the 250,000 threshold required by the Constitution to qualify for a separate district. Therefore, the law creating the Malolos district was declared unconstitutional.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    52 views1 page

    Aldaba Vs COMELEC GR No. 188078 January 25, 2010

    Uploaded by

    Dotecho Jzo Ey
    This document summarizes a Supreme Court case that ruled a law creating a separate legislative district for the city of Malolos, Bulacan to be unconstitutional. It provides background that Malolos was previously part of a multi-city legislative district for Bulacan province. A new law attempted to make Malolos its own single-city district based on a projected 2010 population of 254,030, but the Court ruled this projection invalid and found the actual population at the time to be below the 250,000 threshold required by the Constitution to qualify for a separate district. Therefore, the law creating the Malolos district was declared unconstitutional.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    This is an original action for Prohibition to declare unconstitutional Republic Act No.

    9591 (RA 9591),


    creating a legislative district for the city of Malolos, Bulacan, for violating the minimum population
    requirement for the creation of a legislative district in a city.

    FACTS:

    Before 1 May 2009, the province of Bulacan was represented in Congress through four legislative
    districts. The First Legislative District comprised of the city of Malolos1 and the municipalities of
    Hagonoy, Calumpit, Pulilan, Bulacan, and Paombong. On 1 May 2009, RA 9591 lapsed into law,
    amending Malolos’ City Charter,2 by creating a separate legislative district for the city. At the time
    the legislative bills for RA 9591 were filed in Congress in 2007, namely, House Bill No. 3162 (later
    converted to House Bill No. 3693) and Senate Bill No. 1986, the population of Malolos City was
    223,069. The population of Malolos City on 1 May 2009 is a contested fact but there is no dispute
    that House Bill No. 3693 relied on an undated certification issued by a Regional Director of the
    National Statistics Office (NSO) that "the projected population of the Municipality of Malolos will be
    254,030 by the year 2010 using the population growth rate of 3.78 between 1995 to 2000.

    ISSUE:

    WON R.A 9591 is unconstitutional?

    HELD:
    We grant the petition and declare RA 9591 unconstitutional for being violative of Section 5(3), Article
    VI of the 1987 Constitution and Section 3 of the Ordinance appended to the 1987 Constitution

    The 1987 Constitution requires that for a city to have a legislative district, the city must have "a
    population of at least two hundred fifty thousand."5 The only issue here is whether the City of
    Malolos has a population of at least 250,000, whether actual or projected, for the purpose of
    creating a legislative district for the City of Malolos in time for the 10 May 2010 elections. If not,
    then RA 9591 creating a legislative district in the City of Malolos is unconstitutional.

    House Bill No. 3693 cites the undated Certification of Regional Director Alberto N. Miranda of Region
    III of the National Statistics Office (NSO) as authority that the population of the City of Malolos "will
    be 254,030 by the year 2010." The Certification states that the population of "Malolos, Bulacan as of
    May 1, 2000 is 175,291." The Certification further states that it was "issued upon the request of
    Mayor Danilo A. Domingo of the City of Malolos in connection with the proposed creation of Malolos
    City as a lone congressional district of the Province of Bulacan."6

    The Certification of Regional Director Miranda, which is based on demographic projections, is


    without legal effect because Regional Director Miranda has no basis and no authority to issue the
    Certification. The Certification is also void on its face because based on its own growth rate
    assumption, the population of Malolos will be less than 250,000 in the year 2010. In addition,
    intercensal demographic projections cannot be made for the entire year. In any event, a city whose
    population has increased to 250,000 is entitled to have a legislative district only in the "immediately
    following election"7 after the attainment of the 250,000 population.

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