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    Benigno Aquino III vs. Commission On Elections: G.R. No. 189793, April 7, 2010

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    Ma Gabriellen Quijada-Tabuñag
    1) The case involved a petition to nullify Republic Act 9716 which reapportioned legislative districts in Camarines Sur province, creating a new district with a population of 176,383. 2) Petitioners argued this new district violated the constitution's minimum population requirement of 250,000 for new legislative districts. Respondents argued the petitioners did not have proper legal standing and used the wrong legal process. 3) The court ruled the act was constitutional, finding the constitution distinguishes between provinces and cities in terms of population requirements for new districts, with nothing mentioned for provinces. It also noted Camarines Sur's total population supported additional districts.

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    Benigno Aquino III vs. Commission On Elections: G.R. No. 189793, April 7, 2010

    Uploaded by

    Ma Gabriellen Quijada-Tabuñag
    64 views1 page
    1) The case involved a petition to nullify Republic Act 9716 which reapportioned legislative districts in Camarines Sur province, creating a new district with a population of 176,383. 2) Petitioners argued this new district violated the constitution's minimum population requirement of 250,000 for new legislative districts. Respondents argued the petitioners did not have proper legal standing and used the wrong legal process. 3) The court ruled the act was constitutional, finding the constitution distinguishes between provinces and cities in terms of population requirements for new districts, with nothing mentioned for provinces. It also noted Camarines Sur's total population supported additional districts.

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    Aquino v Comelec

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    1) The case involved a petition to nullify Republic Act 9716 which reapportioned legislative districts in Camarines Sur province, creating a new district with a population of 176,383. 2) Petitioners argued this new district violated the constitution's minimum population requirement of 250,000 for new legislative districts. Respondents argued the petitioners did not have proper legal standing and used the wrong legal process. 3) The court ruled the act was constitutional, finding the constitution distinguishes between provinces and cities in terms of population requirements for new districts, with nothing mentioned for provinces. It also noted Camarines Sur's total population supported additional districts.

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

    Benigno Aquino III vs. Commission On Elections: G.R. No. 189793, April 7, 2010

    Uploaded by

    Ma Gabriellen Quijada-Tabuñag
    1) The case involved a petition to nullify Republic Act 9716 which reapportioned legislative districts in Camarines Sur province, creating a new district with a population of 176,383. 2) Petitioners argued this new district violated the constitution's minimum population requirement of 250,000 for new legislative districts. Respondents argued the petitioners did not have proper legal standing and used the wrong legal process. 3) The court ruled the act was constitutional, finding the constitution distinguishes between provinces and cities in terms of population requirements for new districts, with nothing mentioned for provinces. It also noted Camarines Sur's total population supported additional districts.

    Copyright:

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

    Benigno Aquino III vs.

    Commission on Elections
    G.R. No. 189793, April 7, 2010

    Facts: The said case was filed by the petitioners by way of a Petition for Certiorari and
    Prohibition under Rule 65 of the Rules of Court. It was addressed to nullify and declared
    as unconstitutional, R.A. 9716 entitled An Act Reapportioning the Composition of the
    First (1st) and Second Legislative Districts (2nd) in the province of Camarines Sur and
    Thereby Creating a New Legislative District from such Reapportionment.

    Said Act originated from House Bill No. 4264, and it was enacted by President
    Macapagal-Arroyo. Effectuating the act, it has divided the existing four districts, and
    apportioned districts shall form additional district where the new first district shall be
    composed of 176,383 population count.

    Petitioners contend that the reapportionment runs afoul of the explicit constitutional
    standard with a minimum population of 250,000 for the creation of a legislative district
    under Section 5 (3), Article VI of the 1987 Constitution. It was emphasized as well by
    the petitioners that if population is less than that provided by the Constitution, it must be
    stricken-down for non-compliance with the minimum population requirement, unless
    otherwise fixed by law.

    Respondents have argued that the petitioners are guilty of two fatal technical effects:
    first, error in choosing to assail R.A. 9716 via the Remedy of Certiorari and Prohibition
    under Rule 65 of the Rules of Court. And second, petitioners have no locus standi (legal
    standing) to question the constitutionality of R.A. 9716.

    Issue: Whether or not Republic Act No. 9716 is unconstitutional and therefore null and
    void, or whether or not a population of 250,000 is an indispensable constitutional
    requirement for the creation of a new legislative district in a province.

    Held: It was ruled that the said Act is constitutional. The plain and clear distinction
    between a city and a province was explained under the second sentence of Section 5
    (3) of the Constitution. It states that a province is entitled into a representative, with
    nothing was mentioned about a population. While in cities, a minimum population of
    250,000 must first be satisfied. In 2007, Camarines Sur had a population of 1,693,821
    making the province entitled to two additional districts from the present of four. Based
    on the formulation of Ordinance, other than population, the results of the apportionment
    were valid. And lastly, other factors were mentioned during the deliberations of House
    Bill No. 4264.

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