LAMBERTO MACIAS, LORENZO TEVES, FAUSTO DUGENIO, ROGACIANO MERCADO and MARIANO PERDICES, petitioners, s!

T"E COMMISSION ON ELECTIONS and VICENTE GELLA in #is Capa$it% as Nationa& Treas'rer, respondents! FACTS( Petitioners request that respondent officials be presented from implementing Republic Act 3040 that apportions representative districts. They alleged that said RA unconstitutional and void because: a! it "as passed by the #ouse of Representatives "ithout printed final copies of the bill having been furnished the $embers at least three calendar days prior to its passage% b! it "as approved more than three years after the return of the last census of our population% and c! it apportioned districts "ithout regard to the number of inhabitants of the several provinces. The respondents aver they "ere merely complying "ith their duties under the statute& "hich they presume and allege to be constitutional. Respondent 'ational Treasurer further avers that petitioners have no personality to bring this action% that a duly certified copy of the la" creates the presumption of its having been passed in accordance "ith the requirements of the (onstitution distribution of printed bills included!% that the )irector of the (ensus submitted an official report on the population of the Philippines in 'ovember *+,0& "hich report became the basis of the bill% and that the Act complies "ith the principle of proportional representation prescribed by the (onstitution. ISSUES( -.' RA 3040 violates the principle of proportional representative stipulated in the (onstitution. "ELD Republic Act 'o. 3040 that gave provinces "ith less number of inhabitants more representative districts than those "ith bigger population is declared invalid because it violates the principle of proportional representation prescribed by the (onstitution. The (onstitution directs that the one hundred t"enty $embers of the #ouse of Representatives /shall be apportioned among the several provinces as nearly as may be according to the number of their respective inhabitants./ After hearing the parties and considering their memoranda& The (ourt issued a resolution& stating that RA 3040 violates the (onstitution in several "ays namely: a! it gave (ebu seven members& "hile Ri0al "ith a bigger number of inhabitants got four only% b! it gave $anila four members& "hile (otabato "ith a bigger population got three only% . . .1 /The constitutionality of a statute forming a delegate district or apportioning delegates for the house of delegates is a 2udicial question for the courts& although the statute is an e3ercise of political po"er./