Digest Author: Cecille Mangaser

Cirilo Roy Montejo v. Commission on Elections

GR Number 118702
Petition: Petition to annul COMELEC Resolution No. 2736
Petitioner: Cirilo Roy G. Montejo
Respondent: Commission on Elections
Intervenor: Sergio A. F. Apostol
Ponente: Puno, J.
Date: March 16, 1995
Facts:
The province of Leyte, with the cities of Tacloban and Ormoc, is composed of five legislative
districts1. Biliran, located in the third district of Leyte, was made its sub-province by virtue of
RA 2141. When the Local Government Code took effect in 1992, the sub-province of Biliran
became a regular province. Consequently, the 8 municipalities of the Third District composed the
new province of Biliran, and the Third District was reduced to 5 municipalities 2. To remedy the
inequality in the distribution of inhabitants, the COMELEC held consultation meetings and
promulgated Resolution No. 2736. It transferred the municipality of Capoocan of the 2 nd District
and the municipality of Palompon of the 4th District to the 3rd District of Leyte.
Petitioner, representing the First District of Leyte, pleads for the annulment of Section 1 of
Resolution No. 2736 of COMELEC on the ground that it violates the principle of equality of
representation. Petitioner also seeks to transfer the municipality of Tolosa from his district to the
second district of the province (represented by Intervenor, Sergio Apostol).
Issue:
Whether or not the COMELEC had the constitutional power to transfer municipalities from one
legislative district to another legislative district.
Ruling:
No. The basic powers of COMELEC, as the enforcer and administrator of the election laws, are
spelled out in Section 2(c), Article IX of the Constitution. The Constitutional Commission denied
to the COMELEC the major power of legislative apportionment as itself exercised power.
Section 2 of the Ordinance only empowers COMELEC to make minor adjustments of the
reapportionments made. COMELEC committed grave abuse of discretion amounting to lack
of jurisdiction when it promulgated Section 1 of the Resolution. Section 5(4), Article VI of
the Constitution categorically gives the Congress the power to reapportion.
Dispositive:

1 First District: Tacloban City and municipalities of Alangalang, Babatngon, Palo, San Miguel, Sta. Fe, Tanauan and Tolosa; Second District:
Municipalities of Barugo, Barauen, Capoocan, Carigara, Dagami, Dulag, Jaro, Julita, La Paz, Mayorga, MacArthur, Pastrana, Tabontabon, amd
Tunga; Third District: Municipalities of Almeria, Biliran, Cabucgayan, Caibiran, Calubian, Culaba, Kawayan, Leyte, Maripipi, Naval, San
Isidro, Tabango, and Villaba; Fourth District: Ormoc City and the municipalities of Albuera, Isabel, Kananga, Matagob, Merida, and Palompon;
Fifth District: Municipalities of Abuyog, Bato, Baybay, Hilongos, Hindang, Inopacan, Javier, Mahaplag, and Matalom

2 With a total population of 145,067 as per the 1990 Census

Digest Author: Cecille Mangaser

Section 1 of COMELEC Resolution No. 2736 is annulled and set aside. The petition praying for
the transfer of the municipality of Tolosa from the 1 st District to the 2nd District of Leyte is
denied.