CONSTITUTIONAL LAW 1

LEOVILLO C. AGUSTIN VS. ROMEO EDU

Petitioner: Leovillo Agustin

Respondent: Hon. Romeo
Transportation Commissioner)
Makes manufacturers and dealers
Edu (Land
instant millionaires at the expense of car
owners who are compelled to by a set of
the so-called device;

FACTS:
Letter of Instruction No. 229 was issued
by President Marcos, requiring owners,
users, or drivers of motor vehicles to
have at least (1) pair of early warning
device;
The Land Transportation Commissioner
shall cause Reflectorized Triangular
Early Warning Devices, to be prepared
and issued registered owners of motor
vehicles;
And shall promulgate such rules and
regulations necessary or appropriate to
carry into effect then instruction;
PETITIONERS CONTENTIONS:
Letter of Instruction clearly violates the
provisions and delegation of police
power;
ISSUE: Whether or not assailed Letter of
Instruction is void and unconstitutional for
infringement of the fundamental principle of non-
delegation of legislative power.
RULING: No. Petition is far from meritorious and
must be dismissed. It is equally without any
support well-defined legal doctrines.
In Edu v. Erica, To avoid the taint of unlawful
delegation, there must be a standard, which
implies at the very least that the legislature itself
determines matters of principle and lays down
fundamental policy, marks maps out its
boundaries and specifies the public agency to
apply it.
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ROBERT TOBIAS VS. BENJAMIN ABALOS
Petitioner: Robert V. Tobias
Respondent: Hon. City Major Bejamin S. Abalos
FACTS:
Municipalities of Mandaluyong and San
Juan belonged to one legislative district;
R.A No. 7675 An Act Converting the
Municipality of Mandaluyong into a
Highly Urbanized City was enacted;
Provided under Article VIII, Section 49 of
R.A 7675:
As a highly-urbanized city, the City of
Mandaluyong shall have its own
legislative district with the first
representative to be elected in the next
national elections after the passage of
this Act. The remainder of the former
legislative district of San
Juan/Mandaluyong shall become the
new legislative district of San Juan with
its first representative to be elected at the
same election.
PETITIONERS CONTENTIONS:
The division of San Juan and
Mandaluyong into separate
congressional districts under Sec. 49
increased the composition of the House
of Representatives
Article VI, Section 5 (1) of the
Constitution:
The House of Representative shall be
composed of not more than 250
members, unless otherwise fixed by
law
Said division was not made pursuant to
any census showing that the subject
municipalities have attained the
minimum population requirements
(Article VI, Section 5 (3) of the
Constitution,
Each city with a population of at least two
hundred fifty thousand..);
ISSUE: Whether or not R.A 7675 is
unconstitutional for violating Section 5 under
Article VI of the Constitution.
RULING: No. The contentions are devoid of
merit. The present limit of 250 members is not
absolute. The Constitution clearly provides that
the House of Representatives shall be composed
of not more than 250 members unless otherwise
provided by law. Thus, the Congress may be
increased, if the Congress itself so mandates
through a legislative enactment.
Furthermore, the issue raised that there is not
mention in the assailed law of any census to show
that Mandaluyong and San Juan had each
attained the minimum requirement of 250,000
inhabitants does not strike down the validity of
R.A 7675. The act enjoys the presumption of
having passed through the regular congressional
processes, including due consideration by the
members of the Congress of the minimum
requirements for establishment of separate
legislative district. At any rate, it is not required
that all laws emanating from the legislature must
contain all relevant data considered by Congress
in the enactment of said laws.
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ROGELIO BAGABUYO V. COMMISSION ON ELECTIONS
Petitioner: Rogelio Bagabuyo
Respondent: Commission on Elections
FACTS:
R.A. 9371, An Act Providing for the
Apportionment of the Lone Legislative
District of the City of Cagayan De Oro,
increased Cagayan de Oros legislative
district from one to two.
COMELEC promulgated Resolution No.
7837 implementing R.A 9371:
Petitioner filed against the COMELEC,
asking to nullify 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.
.
PETITIONERS CONTENTIONS:
Cagayan de Oro Citys reapportionment
under R.A No. 9371 falls within the
meaning of creation, division, merger,
abolition, or substantial alteration of
boundaries of cities.
The distribution of the legislative districts
is unequal. District 1 has only 93,719
registered voters while District 2 has 127,
071 registered voters.
ISSUE: (a) Whether or not R.A 9371 provide for
the legislative reapportionment of Cagayan de
Oro or does it involve the division and conversion
of a local government unit
(b)Whether or not R.A 9371 violates the equality
of representation doctrine.
TERMS:
Legislative reapportionment realignment or
change in legislative districts brought about by
changes in population and mandated by the
constitutional requirement of equality of
representation.
Legislative district a political unit but not a
political subdivision through which functions of
the government are carried out. Has not legal
personality.
Local government units instrumentality of the
state in carrying out the functions of government.
Division of a local government unit requires
plebiscite under the Local Government Code.
RULING:
(a) The law did not gave the effect of dividing the
City of Cagayan de Oro into political and
corporate units and territories. Rather than divide
the city either territorially or as a corporate entity,
the effect is merely to enhance the voter
representation by giving each city voter more and
greater say, both in Congress and in the
Sangguniang Panglungsod.
(b) The law clearly provides that the basis for
districting shall be the number of the inhabitants
of a city or province, not the number of registered
voters therein. Therefore, Cagayan de Oros first
district has a population of 254,644 while the
second district has 299, 322 residents.
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BAI SANDRA S. A. SEMA V. COMMISSION ON ELECTIONS

Petitioner: Bai Sandra S. A. Sema Cotabato is being deprived of a

representative in the HOR.
Respondent: Commission on Elections
COMELEC maintained that the
legislative district is still there and that
regardless of S. Kabunsuan being
FACTS: created, the legislative district is not
affected and so is its representation
The Province of Maguindanao is part of
ARMM. Cotabato City is part of the .
province of Maguindanao but it is not part
of ARMM because Cotabato City voted
against its inclusion in a plebiscite held in ISSUE: Whether or not R.A 9054 delegating the
1989. Maguindanao has two legislative power to create provinces, cities, municipalities
districts. The 1st legislative district and barangays is constitutional.
comprises of Cotabato City and 8 other
municipalities.
A law (RA 9054) was passed creating RULING: No. The law is unconstitutional.
Shariff Kabunsuan which comprised of Legislative Districts are created or reapportioned
the municipalities of the 1st district of only by an act of Congress. The creation of the
Maguindanao with the exception of ARMM and the grant of legislative powers to its
Cotabato City. Regional Assembly did not divest Congress of its
For the purposes of the 2007 elections, exclusive authority to create legislative districts.
COMELEC issued Resolution 7845
stating that the 1st district is now only
made of Cotabato City (because of MMA
201). But it later amended with
Resolution No. 7924, stating that status
quo should be retained; however, just for
the purposes of the elections, the first
district should be called Shariff
Kabunsuan with Cotabato City this is
also while awaiting a decisive declaration
from Congress as to Cotabatos status as
a legislative district (or part of any).
Bai Sandra Sema was a congressional
candidate for the legislative district of S.
Kabunsuan with Cotabato (1stdistrict).
Later, Sema was contending that
Cotabato City should be a separate
legislative district and that votes
therefrom should be excluded in the
voting (probably because her rival
Dilangalen was from there and D was
winning in fact he won). She contended
that under the Constitution, upon creation
of a province (S. Kabunsuan), that
province automatically gains legislative
representation and since S. Kabunsuan
excludes Cotabato City so in effect