Sema vs.

Comelec

Facts:
The ARMM Regional Assembly, exercising its power to create provinces under Sec. 19, Art. VI of RA No.
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, plus one. Later, 3
municipalities were carved out of the original 9, bringing its total number of 11 municipalities. Thus, what
was left of Maguindanao were the municipalities constituting its second legislative district. Cotabato City,
although part of Maguindanao’s first legislative district is not part of the Province of Maguindanao.

The Sangguniang Panlungsod of Cotabato City passed a resolution 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. In answer, Comelec issued a resolution maintaining the status quo with Cotabato City as part of
Shariff Kabunsuan in the First Legislative District of Maguindanao.

In preparation for the May 2007 elections, Comelec promulgated a resolution stating that Maguindanao’s
first legislative district is composed only of Cotabato City because of the enactment of MMA Act 201.
Later, Comelec issued Resolution No. 7902, which renamed the legislative district as “Shariff Kabunsuan
Province with Cotabato City” (formerly First District of Maguindanao with Cotabato City).

These consolidated petitions seek to annul Resolution No. 7902 of the Comelec treating Cotabato City as
part of the legislative district of the Province of Shariff Kabunsuan. In GR No. 177597, 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 canvassing of the votes cast in Cotabato City for that office,
contending that Shariff Kabunsuan is entitled to one representative in Congress under Sec. 5(3), Art. VI of
the Constitution, and that Comelec usurped Congress’ power to create or reapportion legislative districts.
In its Comment, Comelec contended that Sema’s prayer became moot with the proclamation of
respondent Dilangalen as representative of the legislative district of Shariff Kabunsuan Province with
Cotabato City.

Issues and Rulings:

Affirmative; 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." True, the COMELEC did not issue Resolution No. 7902 in the exercise of its
judicial or quasi-judicial functions. Nor is there a law which specifically enjoins the COMELEC to exclude
from canvassing the votes cast in Cotabato City for representative of "Shariff Kabunsuan Province with
Cotabato City." These, however, do not justify the outright dismissal of the petition in G.R. No. 177597
because Sema also prayed for the issuance of the writ of Prohibition and we have long recognized this
writ as proper for testing the constitutionality of election laws, rules, and regulations.
 (2) W/N the proclamation of respondent Dilangalen as representative of Shariff Kabunsuan
Province with Cotabato City mooted the petition of Sema

Negative; There is also no merit in the claim that respondent Dilangalen’s 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 Dilangalen’s 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 Court’s 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.

B. On the merits –
(1) W/N Sec. 19, Art. VI of RA No. 9054, delegating to the ARMM Regional Assembly the
power to create provinces, cities, municipalities, and barangays, is constitutional

Negative; 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. However, under the Local Government Code, "only x x x an Act of
Congress" can create provinces, cities or municipalities.
Under Section 19, Article VI of RA 9054, Congress delegated to the ARMM Regional Assembly the power
to create provinces, cities, municipalities and barangays within the ARMM. Congress made the delegation
under its plenary legislative powers because the power to create local government units is not one of the
express legislative powers granted by the Constitution to regional legislative bodies. In the present case,
the question arises whether the delegation to the ARMM Regional Assembly of the power to create
provinces, cities, municipalities and barangays conflicts with any provision of the Constitution.

There is no provision in the Constitution that conflicts with the delegation to regional legislative bodies
of the power to create municipalities and barangays, provided Section 10, Article X of the Constitution
is followed. 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. Thus, the power to create a province, or a city with a population of 250,000 or more,
requires also the power to create a legislative district. Even the creation of a city with a population of
less than 250,000 involves the power to create a legislative district because once the city’s population
reaches 250,000, the city automatically becomes entitled to one representative under Section 5 (3),
Article VI of the Constitution and Section 3 of the Ordinance appended to the Constitution. Thus, the
power to create a province or city inherently involves the power to create a legislative district.

For Congress to delegate validly the power to create a province or city, it must also validly delegate at the
same time the power to create a legislative district. The threshold issue then is, can Congress validly
delegate to the ARMM Regional Assembly the power to create legislative districts for the House of
Representatives? The answer is in the negative.

Under the present Constitution, as well as in past Constitutions, the power to increase the allowable
membership in the House of Representatives, and to reapportion legislative districts, is vested exclusively
in Congress.

Section 5 (1), Article VI of the Constitution vests in Congress the power to increase, through a law, the
allowable membership in the House of Representatives. Section 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 that Congress
itself enacts, and not through a law that regional or local legislative bodies enact. The allowable
membership of the House of Representatives can be increased, and new legislative districts of Congress
can be created, only through a national law passed by Congress. In Montejo v. COMELEC, we held that the
"power of redistricting x x x is traditionally regarded as part of the power (of Congress) to make laws," and
thus is vested exclusively in Congress.
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.

Nothing in Section 20, Article X of the Constitution authorizes autonomous regions, expressly or
impliedly, to create or reapportion legislative districts for Congress.

On the other hand, Section 3, Article IV of RA 9054 amending the ARMM Organic Act, provides, "The
Regional Assembly may exercise legislative power x x x except on the following matters: x x
x (k) National elections. x x x." 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. Whenever Congress enacts a law creating a legislative district, the first
representative is always elected in the "next national elections" from the effectivity of the law.

Neither the framers of the 1987 Constitution in adopting the provisions in Article X on regional
autonomy, nor Congress in enacting RA 9054, envisioned or intended these disastrous consequences
that certainly would wreck the tri-branch system of government under our Constitution. Clearly, 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.

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."

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."

The present case involves the creation of a local government unit that necessarily involves also the
creation of a legislative district. The Court will not pass upon the constitutionality of the creation of
municipalities and barangays that does not comply with the criteria established in Section 461 of RA 7160,
as mandated in Section 10, Article X of the Constitution, because the creation of such municipalities and
barangays does not involve the creation of legislative districts. We leave the resolution of this issue to an
appropriate case.

In summary, we rule that Section 19, Article VI of RA 9054, insofar as it grants to the ARMM Regional
Assembly the power to create provinces and cities, is void for being contrary to Section 5 of Article VI
and Section 20 of Article X of the Constitution, as well as Section 3 of the Ordinance appended to the
Constitution. 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
Section 5, Article VI of the Constitution and Section 3 of the Ordinance appended to the Constitution.
The ARMM Regional Assembly cannot create a province without a legislative district because the
Constitution mandates that every province shall have a legislative district. Moreover, the ARMM
Regional Assembly cannot enact a law creating a national office like the office of a district
representative of Congress because the legislative powers of the ARMM Regional Assembly operate
only within its territorial jurisdiction as provided in Section 20, Article X of the Constitution. Thus, we
rule that MMA Act 201, enacted by the ARMM Regional Assembly and creating the Province of Shariff
Kabunsuan, is void.