Saturday, January 03, 2009 [ manilatimes.net ]
The Supreme Court has affirmed the constitutionality of the law that created the second district of Cagayan de Oro City and increased its representation at the House of Representatives from one to two.
The Court en banc, in a 24-page decision penned by Associate Justice Arturo Brion, dismissed for lack of merit the petition filed by a certain Rogelio Z. Bagabuyo seeking to prevent the Commission on Elections (Comelec) from implementing Resolution No. 7837 on the ground that Republic Act (R.A.) 9371 is unconstitutional.
R.A.9371 increased Cagayan de Oro’s legislative district from one to two, starting with the May 2007 election. The constituents of each district would elect their own representative to Congress as well as eight members of the Sangguniang Panglungsod.
In asking for the nullification of R.A. 9371 and Resolution No. 7837, the petitioner argued that Comelec cannot implement R.A. 9371 without providing for the rules, regulations and guidelines for the conduct of a plebiscite which is indispensable for the division or conversion of a local government unit.
But the High Tribunal dismissed it, pointing out that R.A. 9371 is, on its face, purely and simply a reapportionment legislation passed in accordance with the authority granted to Congress under Article VI, Section 5(4) of the Constitution.
“Thus, the plebiscite requirement that applies to the division of a province, city, municipality or barangay under the Local Government Code should not apply to and be a requisite for the validity of a legislative apportionment or reapportionment,” the Court said.
“Cagayan de Oro City politically remains a single unit and its administration is not divided along territorial lines. Its territory remains completely whole and intact; there is only the addition of another legislative district and the delineation of the city into two districts for purposes of representation in the House of Representatives,” the SC said.
As such, the SC stressed, “Article X, Section 10 of the Constitution does not come into play and no plebiscite is necessary to validly apportion Cagayan de Oro City into two districts.”
The High Court also rejected, as “largely unsubstantiated,” Bagabuyo’s contention that there is a resulting inequality in the division of Cagayan de Oro City into two districts because the barangays in the first district are mostly rural barangays while the second district is mostly urban.
“But even if backed up by proper proof, we cannot question the division on the basis of the difference in the barangays’ levels of development or developmental focus as these are not part of the constitutional standards for legislative apportionment or reapportionment. What the components of the two districts of Cagayan de Oro would be is a matter for the lawmakers to determine as a matter of policy. In the absence of any grave abuse of discretion or violation of the established legal parameters, this Court cannot intrude into the wisdom of these policies,” the SC ruled.
At present, Rep. Rufus Rodriguez represents the second district of Cagayan de Oro, with the First District represented by Rep. Rolando Uy.
R.A. 9371 emanated from House Bill No. 5859, authored and filed by former Rep. Constantino Jaraula of Cagayan de Oro.
Records showed that Bagabuyo, a private lawyer, filed the petition against the Comelec on March 27, 2007.
On 10 April 2008, the petitioner amended the petition to include as respondents: Executive Secretary Eduardo Ermita; the secretary of the Department of Budget and Management; the chairman of the Commission on Audit; the Mayor and the members of the Sangguniang Panglungsod of Cagayan de Oro City; and its Board of Canvassers.--William B. Depasupil
