LEARN MORE...

156679162_case_for_political_law_legislative_dept.doc

Content type

User Generated

Uploaded By

Nffvtazragrkcreg96

Pages

Showing Page:

1/12

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 ofTolosa 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.

The first district

covers Tacloban City and the municipalities of Alangalang, Babatngon, Palo, San

Miguel, Sta. Fe, Tanauan and Tolosa.

The second district

is composed of the municipalities of Barugo, Barauen, Capoocan, Carigara,

Dagami, Dulag, Jaro, Julita, La Pat, Mayorga, MacArthur, Pastrana, Tabontabon, and Tunga.

The third district

is composed of the municipalities of Almeria, Biliran, Cabucgayan, Caibiran,

Calubian, Culaba, Kawayan, Leyte, Maripipi, Naval, San Isidro, Tabango, and Villaba.

The fourth district

is composed of Ormoc City and the municipalities of Albuera, Isabel, Kananga,

Matagob, Merida, and Palompon.

The fifth district

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.

Showing Page:

2/12

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 Tolosaand 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)

Showing Page:

3/12

End of Preview - Want to read all 12 pages?

Access Now

Unformatted Attachment Preview

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 ofTolosa?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 district?2?covers Tacloban City and the municipalities of Alangalang, Babatngon, Palo, San Miguel, Sta. Fe, Tanauan and?Tolosa. The second district?3?is composed of the municipalities of Barugo, Barauen, Capoocan, Carigara, Dagami, Dulag, Jaro, Julita, La Pat, Mayorga, MacArthur, Pastrana, Tabontabon, and Tunga. The third district?4?is composed of the municip ...
Purchase document to see full attachment