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Sema V Comelec

The document discusses the consolidated petition by Sema to annul COMELEC Resolution 7902, which recognized Cotabato City as part of Shariff Kabunsuan province. The ruling determined that the creation of Shariff Kabunsuan was unconstitutional as it violated provisions regarding legislative districts and representation, as Cotabato City did not meet the population requirement for a separate representative. Consequently, the COMELEC's resolution was upheld as valid, confirming the status of Cotabato City within the first legislative district of Maguindanao.

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Mary grace Apostol
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12 views2 pages

Sema V Comelec

The document discusses the consolidated petition by Sema to annul COMELEC Resolution 7902, which recognized Cotabato City as part of Shariff Kabunsuan province. The ruling determined that the creation of Shariff Kabunsuan was unconstitutional as it violated provisions regarding legislative districts and representation, as Cotabato City did not meet the population requirement for a separate representative. Consequently, the COMELEC's resolution was upheld as valid, confirming the status of Cotabato City within the first legislative district of Maguindanao.

Uploaded by

Mary grace Apostol
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1.

sema v comelec

facts :

Its all about the consolidated petition to annul resolution 7902 of comelec which
states that cotobato city is part of the province of shariff kabunsuan.
the province of maguindanao was composed of 2 legislative districts which
cotobato was in the first district with other 8 municipalities. Where maguindanao was
part of ARMM under RA 9054, but cotobato was not part of ARMM but of region 12.
under sec 19 art 6 of RA 9054 ARMM has power to create provinces in which
MMA was enacted and created Shariff kabunsuan with 8 municipalities in the 1st
district then later on turns to 11.
Sema who was a candidate in elections for representative of shariff with
cotobato wants to nullify comelec resolution 7902 because he claimed shariff was
entitled to one representative that it takes control the power and acting beyond its
power of congress to create or reapportion legislative districts.

issue:
won sec 19 art 6 of ra 9054 ARMM's power to create provinces is constitutional
and if its entitled to one representative in the house of representative
won the comelec's status quo in the first legislative district despite creation of
shariff kabunsuan

ruling
under sec 5 art 6 states that house of representatives shall not be composed of
not more than 250 members unless otherwise fixed by law and it was also stated that
each district would at least have 250k population for them to have one representative
which cotobato city did not qualify because its population is just below 250k and the
congress was empower to reapportion or create legislative district out of an existing
one.
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.

In addition, Comelec preserved the geographic and legislative district of the first
district of maguindanao with cotobato city and complies with section 5 art 6 and sec
20 of art 10 and sec 1 of the sadi ordinance.

wherefore, RA 9054 unconstittional for giving ARMM power to create provinces


and cities and voided MMA for creating shariff kabunsuan. Comelec resolution 7902
is valid.

art 6 sec 5 (3)


Each legislative district shall comprise, as far as practicable, contiguous,
compact and adjacent territory. Each city with a population of at least two hundred
fifty thousand, or each province, shall have at least one representative.

On May 10, 2007, the COMELEC issued Resolution No. 7902 (subject of these
cases), amending Resolution No. 07-0407 by renaming the legislative district in
question as “Shariff Kabunsuan Province with Cotabato City (formerly First District
of Maguindanao with Cotabato City).”

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.27 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.

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