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Republic of the Philippines

SUPREME COURT
Manila

EN BANC

G.R. No. 118702 March 16, 1995

CIRILO ROY G. MONTEJO, petitioner,

vs.
COMMISSION ON ELECTIONS, respondent.

SERGIO A.F. APOSTOL, intervenor.

PUNO, J.:

More than political fortunes are at stake in the case at bench. Petitioner Cirilo Roy G. Montejo,
representing the First District of Leyte, pleads for the annulment of section 1 of Resolution No. 2736
of the COMELEC, redistricting certain municipalities in Leyte, on the ground that it violates the
principle of equality of representation. To remedy the alleged inequity, petitioner seeks to transfer
the municipality of Tolosa from his district to the Second District of the province. Intervenor Sergio
A.F. Apostol, representing the Second District, vigorously opposed the inclusion of Tolosa in his
district. We gave due course to the petition considering that, at bottom, it involves the validity of the
unprecedented exercise by the COMELEC of the legislative power of redistricting and
reapportionment.

The province of Leyte with the cities of Tacloban and Ormoc is composed of five (5) legislative
districts.1

The first district2 covers Tacloban City and the municipalities of Alangalang, Babatngon, Palo, San
Miguel, Sta. Fe, Tanauan and Tolosa.
The second district3 is composed of the municipalities of Barugo, Barauen, Capoocan, Carigara,
Dagami, Dulag, Jaro, Julita, La Pat, Mayorga, MacArthur, Pastrana, Tabontabon, and Tunga.

The third district4 is composed of the municipalities of Almeria, Biliran, Cabucgayan, Caibiran,
Calubian, Culaba, Kawayan, Leyte, Maripipi, Naval, San Isidro, Tabango, and Villaba.

The fourth district5 is composed of Ormoc City and the municipalities of Albuera, Isabel, Kananga,
Matagob, Merida, and Palompon.

The fifth district6 is composed of the municipalities of Abuyog, Bate, Baybay, Hilongos, Hindang,
Inopacan, Javier, Mahaplag, and Matalom.

Biliran, located in the third district of Leyte , was made its sub-province by virtue of Republic Act No.
2141 Section 1 of the law spelled out enacted on April 8, 1959.7

Section 1 of the law spelled out the municipalities comprising the sub-province, viz.: "Almeria, Biliran,
Cabucgayan, Caibiran, Culaba, Kawayan, Maripipi and Naval and all the territories comprised
therein."

On January 1, 1992, the Local Government Code took effect. Pursuant to its Section 462, the sub-
province of Biliran became a regular province. It provides:

Existing sub-provinces are hereby converted into regular

provinces upon approval by a majority of the votes cast in a
plebiscite to be held in the sub-provinces and the original
provinces directly affected. The plebiscite shall be conducted
by the COMELEC simultaneously with the national elections
following the effectivity of this code. The new legislative
districts created as a result of such conversion shall continue
to be represented in Congress by the duly-elected
representatives of the original districts out of which said new
provinces or districts were created until their own
representatives shall have been elected in the next regular
congressional elections and qualified.

The conversion of Biliran into a regular province was approved by a majority of the votes cast in a
plebiscite held on May 11, 1992. As a consequence of the conversion, eight (8) municipalities of the
Third District composed the new province of Biliran, i.e., Almeria, Biliran, Cabucgayan, Caibiran,
Culaba, Kawayan, Maripipi, and Naval. A further consequence was to reduce the Third District to
five (5) municipalities with a total population of 145,067 as per the 1990 census.

To remedy the resulting inequality in the distribution of inhabitants, voters and municipalities in the
province of Leyte, respondent COMELEC held consultation meetings with the incumbent
representatives of the province and other interested parties. On December 29, 1994, it promulgated
Resolution No. 2736 where, among others, it transferred the municipality of Capoocan of the Second
District and the municipality of Palompon of the Fourth District to the Third District of Leyte. The
composition of the First District which includes the municipality of Tolosa and the composition of the
Fifth District were not disturbed. After the movement of municipalities, the composition of the five (5)
legislative districts appeared as follows:

First District: Population Registered

Voters
 (1990) (1994)

1. Tacloban City, 137,190 81,679

2. Alangalang, 33,375 20,543
3. Babatngon, 17,795 9,929
4. Palo, 38,100 20,816
5. San Miguel, 13,438 8,167
6. Sta. Fe, 12,119 7,497
7. Tanauan and, 38,033 22,357
8. Tolosa; 13,299 7,700
———— ————
TOTAL 303,349 178,688

Second District: Population Registered

Voters
(1990) (1994)

1. Barugo, 23,817 13,237

2. Barauen, 46,029 23,307
3. Carigara 38,863 22,036
4. Dagami, 25,606 16,519
5. Dulag, 33,020 19,375
6. Jaro, 31,727 17,139
7. Julita, 9,944 6,196
8. La Paz, 14,311 9,003
9. Mayorga, 10,530 5,868
10. Mac Arthur, 13,159 8,628
11. Pastrana, 12,565 7,348
12. Tabontabon, and 7,183 4,419
13. Tunga; 5,413 3,387
———— ————
TOTAL 272,167 156,462

Third District: Population Registered

Voters
(1990) (1994)

1. Calubian, 25,968 16,649

2. Leyte, 32,575 16,415
3. San Isidro, 24,442 14,916
4. Tabango, 29,743 15,48
5. Villaba, 32,339 21,227
6. Capoocan, and 23,687 13,595
7. Palompon; 45,745 27,474
———— ————
TOTAL 214,499 125,763

Fourth District: Population Registered

Voters
(1990) (1994)

1. Ormoc City, 129,456 75,140

 2. Albuera, 32,395 17,493
3. Isabel, 33,389 21,889
4. Kananga, 36,288 19,873
5. Matagob, 15,474 9,407
6. Merida, and 22,345 12,474
———— ————
TOTAL 269,347 155,995

Fifth District: Population Registered

Voters
(1990) (1994)

1. Abuyog, 47,265 28,682

2. Bato, 28,197 116,13
3. Baybay, 82,281 47,923
4. Hilongos, 48,617 26,871
5. Hindang, 16,272 9,659
6. Inopacan, 16,894 10,401
7. Javier, 18,658 11,713
8. Mahaplag, and 22,673 13,616
9. Matalom 28,291 16,247
———— ————
TOTAL 309,148 181,242

Petitioner Montejo filed a motion for reconsideration calling the attention of respondent COMELEC,
among others, to the inequitable distribution of inhabitants and voters between the First and Second
Districts. He alleged that the First District has 178,688 registered voters while the Second District
has 156,462 registered voters or a difference of 22,226 registered voters. To diminish the difference,
he proposed that the municipality of Tolosa with 7,7000 registered voters be transferred from the
First to the Second District. The motion was opposed by intervenor, Sergio A.F. Apostol.
Respondent Commission denied the motion ruling that: (1) its adjustment of municipalities involved
the least disruption of the territorial composition of each district; and (2) said adjustment complied
with the constitutional requirement that each legislative district shall comprise, as far as practicable,
contiguous, compact and adjacent territory.

In this petition, petitioner insists that Section I of Resolution No. 2736 violates the principle of
equality of representation ordained in the Constitution. Citing Wesberry v. Sanders,8 he argues that
respondent COMELEC violated "the constitutional precept that as much as practicable one man's
vote in a congressional election is to be worth as much as another's." The Solicitor General, in his
Comment, concurred with the views of the petitioner. The intervenor, however, opposed the petition
on two (2) grounds: (1) COMELEC has no jurisdiction to promulgate Resolution No. 2736; and (2)
assuming it has jurisdiction, said Resolution is in accord with the Constitution. Respondent
COMELEC filed its own Comment alleging that it acted within the parameters of the Constitution.

We find section 1 of Resolution No. 2736 void.

While the petition at bench presents a significant issue, our first inquiry will relate to the constitutional
power of the respondent COMELEC9 to transfer municipalities from one legislative district to another
legislative district in the province of Leyte. The basic powers of respondent COMELEC, as enforcer
and administrator of our election laws, are spelled out in black and white in section 2(c), Article IX of
the Constitution. Rightly, respondent COMELEC does not invoke this provision but relies on the
Ordinance appended to the 1987 Constitution as the source of its power of redistricting which is
traditionally regarded as part of the power to make laws. The Ordinance is entitled "Apportioning the
Seats of the House of Representatives of the Congress of the Philippines to the Different Legislative
Districts in Provinces and Cities and the Metropolitan Manila Area." Its substantive sections state:

Sec. 1. For purposes of the election of Members of the House of

Representatives of the First Congress of the Philippines under the
Constitution proposed by the 1986 Constitutional Commission and
subsequent elections, and until otherwise provided by law, the Members
thereof shall be elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila Area as follows:

xxx xxx xxx

Sec. 2. The Commission on Elections is hereby empowered to make minor

adjustments of the reapportionment herein made.

Sec. 3. 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
or such number of Members as it may be entitled to on the basis of the
number of its inhabitants and according to the standards set forth in
paragraph (3), Section 5 of Article VI of the Constitution. The number of
Members apportioned to the province out of which such new province was
created or where the city, whose population has so increased, is
geographically located shall be correspondingly adjusted by the Commission
on Elections but such adjustment shall not be made within one hundred and
twenty days before the election. (Emphasis supplied)

The Ordinance was made necessary because Proclamation No. 3 10 of President Corazon C. Aquino,
ordaining the Provisional Constitution of the Republic of the Philippines, abolished the Batasang
Pambansa. 11 She then exercised legislative powers under the Provisional Constitution.12

The Ordinance was the principal handiwork of then Commissioner Hilario G. Davide, Jr., 13 now a
distinguished member of this Court. The records reveal that the Constitutional Commission had to
resolve several prejudicial issues before authorizing the first congressional elections under the 1987
Constitution. Among the vital issues were: whether the members of the House of Representatives
would be elected by district or by province; who shall undertake the apportionment of the legislative
districts; and, how the apportionment should be made.14 Commissioner Davide, Jr. offered three (3)
options for the Commission to consider: (1) allow President Aquino to do the apportionment by law;
(2) empower the COMELEC to make the apportionment; or (3) let the Commission exercise the
power by way of an Ordinance appended to the Constitution. 15 The different dimensions of the
options were discussed by Commissioners Davide, Felicitas S. Aquino and Blas F. Ople. We quote
the debates in extenso, viz.:16

xxx xxx xxx

MR. PADILLA. Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Jamir). Commissioner Padilla is recognized.

MR. PADILLA. I think I have filed a very simple motion by way of amendment
by substitution and this was, I believe, a prior or a proposed amendment.
Also, the chairman of the Committee on the Legislative said that he was
proposing a vote first by the Chamber on the concept of whether the election
is by province and cities on the one hand, or by legislative districts on the
other. So I propose this simple formulation which reads: "FOR THE FIRST
ELECTION UNDER THIS CONSTITUTION THE LEGISLATIVE DISTRICTS
SHALL BE APPORTIONED BY THE COMMISSION ON ELECTIONS." I
hope the chairman will accept the proposed amendment.

SUSPENSION OF SESSION

MR. DAVIDE. The effect is, more or less, the same insofar as the
apportionment is concerned, but the Bernas-Sarmiento et al. proposal would
also provide for a mandate for the apportionment later, meaning after the first
election, which will in effect embody what the Commission had approved,
reading as follows: "Within three years following the return of every census,
the Congress shall make a reapportionment of legislative districts based on
the standards provided in this section."

So, Mr. Presiding Officer, may I request for a suspension of the session, so
that all the proponents can work together.

THE PRESIDING OFFICER (Mr. Jamir). The session is suspended.

It was 3:33 p.m.

RESUMPTION OF SESSION

At 3:40 p.m., the session was resumed.

THE PRESIDING OFFICER (Mr. Jamir). The session is resumed.

Commissioner Davide is recognized.

MR. DAVIDE. Mr. Presiding Officer, as a compromise, I wonder if the

Commission will allow this. We will just delete the proposed subparagraph (4)
and all the capitalized words in paragraph (5). So that in paragraph (5), what
would be left would only be the following: "Within three years following the
return of every census, the Congress shall make a reapportionment of
legislative districts based on the standards provided in this section."

But we shall have an ordinance appended to the new Constitution indicating

specifically the following: "FOR PURPOSES OF THE ELECTION OF
MEMBERS OF THE HOUSE OF REPRESENTATIVES IN THE FIRST
CONGRESSIONAL ELECTION IMMEDIATELY FOLLOWING THE
RATIFICATION OF THIS CONSTITUTION PROPOSED BY THE 1986
CONSTITUTIONAL COMMISSION AND SUBSEQUENT ELECTIONS AND
UNTIL OTHERWISE PROVIDED BY LAW, THE MEMBERS OF THE
HOUSE OF REPRESENTATIVES SHALL BE ELECTED FROM
LEGISLATIVE DISTRICTS APPORTIONED AMONG THE PROVINCES,
CITIES AND THE METROPOLITAN MANILA AREA AS FOLLOWS."
And what will follow will be the allocation of seats to Metropolitan Manila
Area, to the provinces and to the cities, without indicating the municipalities
comprising each of the districts. Then, under Section 2, we will mandate the
COMELEC to make the actual apportionment on the basis of the number of
seats provided for and allocated to each province by us.

MS. AQUINO. Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Jamir). Commissioner Aquino is

recognized.

MS. AQUINO. I have to object to the provision which will give mandate to
COMELEC to do the redistricting. Redistricting is vitally linked to the baneful
practices of cutting up areas or spheres of influence; in other words,
gerrymandering. This Commission, being a nonpartisan, a nonpolitical
deliberative body, is in the best possible situation under the circumstances to
undertake that responsibility. We are not wanting in expertise and in time
because in the first place, the Committee on the Legislative has prepared the
report on the basis of the recommendation of the COMELEC.

MR. OPLE. Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Jamir). Commissioner Ople is recognized.

MR. OPLE. I would like to support the position taken by Commissioner

Aquino in this respect. We know that the reapportionment of provinces and
cities for the purpose of redistricting is generally inherent in the constituent
power or in the legislative power. And I would feel very uncertain about
delegating this to a quasi-judicial body even if it is one of the constitutional
offices created under this Constitution. We have the assurance of
Commissioner Davide, as chairman of the Committee on the Legislative, that
even given the very short time remaining in the life of this Commission, there
is no reason why we cannot complete the work of reapportionment on the
basis of the COMELEC plan which the committee has already thoroughly
studied and which remains available to the Constitutional Commission.

So, I support the position taken by Commissioner Aquino, Mr. Presiding

Officer. I think, it is the safest, the most reasonable, and the most workable
approach that is available to this Commission.

THE PRESIDING OFFICER (Mr. Jamir). What does Commissioner Davide

say:

MR. DAVIDE. The issue now is whether this body will make the
apportionment itself or whether we will leave it to the COMELEC. So, there
arises, therefore, a prejudicial question for the body to decide. I would
propose that the Commission should now decide what body should make the
apportionment. Should it be the Commission or should it be the COMELEC?
And the Committee on the Legislative will act accordingly on the basis of the
decision.

MR. BENGZON. Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Jamir). Commissioner Bengzon is
recognized.

MR. BENGZON. Apropos of that, I would like to inform the body that I believe
the Committee on the Legislative has precisely worked on this matter and
they are ready with a list of apportionment. They have, in fact, apportioned
the whole country into various districts based on the recommendation of the
COMELEC. So they are ready with the list and if this body would wish to
apportion the whole country by district itself, then I believe we have the time
to do it because the Committee on the Legislative is ready with that particular
report which need only to be appended to the Constitution. So if this body is
ready to accept the work of the Committee on the Legislative we would have
no problem. I just would like to give that information so that the people here
would be guided accordingly when they vote.

MR. RODRIGO. Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Jamir) Commissioner Rodrigo is

recognized.

MR. RODRIGO. I just would like to ask Commissioner Davide some

questions.

THE PRESIDING OFFICER (Mr. Jamir). Commissioner Davide may yield if

he so desires.

MR. DAVIDE. Gladly.

MR. RODRIGO. Will this apportionment which we are considering apply only
to the first election after the enactment of the Constitution?

MR. DAVIDE. On the basis of the Padilla proposal, it will be for the first
election; on the basis of the Sarmiento proposal, it will only apply to the first
election.

MR. RODRIGO. And after that, Congress will have the power to reapportion.

MR. DAVIDE. Yes.

MR. RODRIGO. So, if we attach this to the Constitution — the

reapportionment based on the COMELEC study and between the approval of
the Constitution and the first election — the COMELEC no longer has the
power to change that even a bit.

xxx xxx xxx

THE PRESIDING OFFICER (Mr. Jamir) Commissioner Regalado is

recognized.

MR. REGALADO. May I address a clarificatory question to Commissioner

Davide?
THE PRESIDING OFFICER (Mr. Jamir). Gentleman will please proceed.

MR. REGALADO. On the basis of the Commissioner's proposed

apportionment and considering the fact that there will be a corresponding
reduction to 183 seats, would there be instances representation of under
non-representation?

MR. DAVIDE. None at all, Mr. Presiding Officer. I can assure the
Commission that there will be no case of inequitable distribution. It will come
out to be one for every 350 to 400,000 inhabitants.

MR. REGALADO. And that would be within the standard that we refer.

MR. DAVIDE. Yes, Mr. Presiding Officer.

MR. REGALADO. Thank you.

MR. RAMA. Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Jamir). The Floor Leader is recognized.

MR. RAMA. The parliamentary situation is that there was a motion by

Commissioner Sarmiento to mandate COMELEC to do the redistricting. This
was also almost the same motion by Commissioner Padilla and I think we
have had some kind of meeting of minds. On the other hand, there seems to
be a prejudicial question, an amendment to the amendment as suggested by
Commissioner Aquino, that instead of the COMELEC, it should be this
Commission that shall make the redistricting. So may I ask Commissioner
Aquino, if she insists on that idea, to please formulate it into a motion so we
can vote on that first as an amendment to the amendment.

THE PRESIDING OFFICER (Mr. Jamir).Commissioner Aquino is recognized.

MS . AQUINO. The motion is for this Commission to undertake the

apportionment of the legislative districts instead of the proposal that
COMELEC be given the mandate to undertake the responsibility.

xxx xxx xxx

MR. SARMIENTO. May I be clarified, Mr. Presiding Officer. Is it the motion or

the proposed amendment?

THE PRESIDING OFFICER (Mr. Jamir). The proposed amendment.

MR. SARMIENTO. May we move for the approval of this proposed

amendment which we substitute for paragraphs 4 and 5.

MR. DAVIDE. May I request that it should be treated merely as a motion to

be followed by a deletion of paragraph 4 because that should not really
appear as a paragraph in Section 5; otherwise, it will appear very ugly in the
Constitution where we mandate a Commission that will become functus
officio to have the authority. As a matter of fact, we cannot exercise that
authority until after the ratification of the new Constitution.

THE PRESIDING OFFICER (Mr. Jamir). What does Commissioner

Sarmiento say?

MR. SARMIENTO. It is accepted, Mr. Presiding Officer. So, may I move for
the approval of this proposed amendment.

MS. AQUINO. Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Jamir). Commissioner Aquino is

recognized.

MS. AQUINO. Would that require a two-thirds vote or a simple plurality to

adopt that motion?

THE PRESIDING OFFICER (Mr. Jamir). That will require a two-thirds vote.

MS. AQUINO. Thank you. Mr. Presiding Officer.

MR. SARMIENTO. May I restate the motion, Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Jamir) The Gentleman may proceed.

MR. SARMIENTO. May I move that this Commission do the reapportionment

legislative districts.

MS. AQUINO. Mr. Presiding Officer.

THE PRESIDING OFFICER (Mr. Jamir). What is the pleasure of

Commissioner Aquino?

MS. AQUINO. May I be clarified again on the motion. Is Commissioner

Sarmiento, therefore, adopting my motion? Would it not be right for him to
move that the COMELEC be mandated?

MR. SARMIENTO. No, we accepted the amendment. It is already the

Commission that will be mandated.

MS. AQUINO. So, the Gentlemen has accepted the amendment the
amendment.

Thank you.

MR. SARMIENTO. I am voting that this Commission do the reapportionment.

VOTING

THE PRESIDING OFFICER (Mr. Jamir). Let us proceed to vote.

 As many as are in favor, please raise their hand. (Several Members raised
their hand.)

As many as are against, please raise their hand. (No Member raised his
hand.)

The results show 30 votes in favor and none against; the motion is approved.

Clearly then, the Constitutional Commission denied to the COMELEC the major power of legislative
apportionment as it itself exercised the power. Section 2 of the Ordinance only empowered the
COMELEC "to make minor adjustments of the reapportionment herein made." The meaning of the
phrase "minor adjustments was again clarified in the debates 17 of the Commission, viz.:

xxx xxx xxx

MR. GUINGONA. This is just clarificatory, Mr. Presiding Officer. In Section 2,

the Commission on Elections is empowered to make minor adjustments on
the apportionment made here.

MR. DAVIDE. Yes, Mr. Presiding Officer.

MR. GUINGONA. We have not set any time limit for this.

MR. DAVIDE. We should not set a time limit unless during the period of
amendments a proposal is made. The authority conferred would be on minor
corrections or amendments, meaning to say, for instance, that we may have
forgotten an intervening municipality in the enumeration, which ought to be
included in one district. That we shall consider a minor amendment.

MR. GUINGONA. Thank you.

xxx xxx xxx

THE PRESIDING OFFICER (Mr. Romulo). Commissioner de Castro is

recognized.

MR. DE CASTRO. Thank you.

I was about to ask the committee the meaning of minor adjustment. Can it be
possible that one municipality in a district be transferred to another district
and call it a minor adjustment?

MR. DAVIDE. That cannot be done, Mr. Presiding Officer. Minor, meaning,
that there should be no change in the allocations per district. However, it may
happen that we have forgotten a municipality in between which is still in the
territory of one assigned district, or there may be an error in the correct name
of a particular municipality because of changes made by the interim
Batasang Pambansa and the Regular Batasang Pambansa. There were
many batas pambansa enacted by both the interim and the Regular
Batasang Pambansa changing the names of municipalities.
 MR. DE CASTRO. So, the minor adjustment may be made only if one of the
municipalities is not mentioned in the ordinance appended to, and it will be
up for the COMELEC now to adjust or to put such municipality to a certain
district.

MR. DAVIDE. Yes, Mr. Presiding Officer. For instance, we may not have the
data regarding a division of a municipality by the interim Batasang Pambansa
or the Regular Batasang Pambansa into two municipalities, meaning, a
mother municipality and the new municipality, but still actually these are
within the geographical district area.

MR. DE CASTRO. So the minor adjustment which the COMELEC cannot do

is that, if, for example, my municipality is in the First District of Laguna, they
cannot put that in any other district.

MR. DAVIDE. That is not even a minor correction. It is a substantive one.

MR. DE CASTRO. Thank you.

Consistent with the limits of its power to make minor adjustments, Section 3 of the Ordinance did not
also give the respondent COMELEC any authority to transfer municipalities from one legislative
district to another district. The power granted by Section 3 to the respondent COMELEC is
to adjust the number of members (not municipalities) "apportioned to the province out of which such
new province was created. . . ."

Prescinding from these premises, we hold that respondent COMELEC committed grave abuse of
discretion amounting to lack of jurisdiction when it promulgated section 1 of its Resolution No. 2736
transferring the municipality of Capoocan of the Second District and the municipality of Palompon of
the Fourth District to the Third District of Leyte.

It may well be that the conversion of Biliran from a sub-province to a regular province brought about
an imbalance in the distribution of voters and inhabitants in the five (5) legislative districts of the
province of Leyte. This imbalance, depending on its degree, could devalue a citizen's vote in
violation of the equal protection clause of the Constitution. Be that as it may, it is not proper at this
time for petitioner to raise this issue using the case at bench as his legal vehicle. The issue involves
a problem of reapportionment of legislative districts and petitioner's remedy lies with Congress.
Section 5(4), Article VI of the Constitution categorically gives Congress the power to reapportion,
thus: "Within three (3) years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section." In Macias
v. COMELEC, 18 we ruled that the validity of a legislative apportionment is a justiciable question. But
while this Court can strike down an unconstitutional reapportionment, it cannot itself make the
reapportionment as petitioner would want us to do by directing respondent COMELEC to transfer the
municipality of Tolosa from the First District to the Second District of the province of Leyte.

IN VIEW WHEREOF, section 1 of Resolution No. 2736 insofar as it transferred the municipality of
Capoocan of the Second District and the municipality of Palompon of the Fourth District to the Third
District of the province of Leyte, is annulled and set aside. We also deny the Petition praying for the
transfer of the municipality of Tolosa from the First District to the Second District of the province of
Leyte. No costs.

SO ORDERED.
Narvasa, C.J., Feliciano, Padilla, Bidin, Regalado, Davide, Jr., Romero, Bellosillo, Melo, Quiason,
Vitug, Kapunan, Mendoza and Francisco, JJ., concur.

Footnotes

1 Ordinance Appended to the Constitution.

2 Represented by Congressman Cirilo Roy G. Montejo.

3 Represented by Congressman Sergio A.F. Apostol.

4 Represented by Congressman Alberto S. Veloso.

5 Represented by Congressman Carmelo J. Locsin.

6 Represented by Congressman Eriberto V. Loreto.

7 Section 9, Article XVIII of the Constitution provides:

"A sub-province shall continue to exist and operate until it is converted into a
regular province or until its component municipalities are reverted to the
mother province."

8 376 US 1. See also Reynolds v. Sims, 377 US 533; WMCA, Inc. v.

Lomenzo, 377 US 633, Maryland Commission For Fair Representation v.
Tawes, 377 US 656, etc.

9 The power of the respondent COMELEC to redistrict does not appear to

have been disputed by the parties in the proceedings below.

10 Promulgated March 26, 1986 and otherwise known as Freedom

Constitution.

11 See Article I, Section 3 of Proclamation No. 3.

12 See Section 1, Article II of Provisional Constitution.

13 He was the Chairman of the Committee on the Legislative. The other co-
sponsors of the Ordinance, introduced in the Commission as Resolution No.
551, were Commissioners Azcuna, Sumulong, Calderon, Alonto, Jamir,
Lerum, Guingona, Abubakar, Rodrigo, Aquino, Concepcion, de los Reyes,
Jr., Garcia and Treñas.

14 Record of Constitutional Commission, October 9, 1986 session, p. 686.

15 Ibid, p. 687.

16 Ibid, pp. 692-694, 700.

 17 Records of Constitution Commission, Session of October 13, 1986, pp.
950-951.

18 No. L-18684, September 14, 1961, 3 SCRA 1.

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