Mendoza, Juris Renier C.

LLB 2 7:00PM-9:00PM TH/8:00-900PM FR

Administrative Law, Election Law, Atty. Gonzalo D. Malig-on Jr.
and Law on Public Officers

Topic: JURISDICTION OF COMELEC

Title: CIRILO ROY G. MONTEJO vs. COMMISSION ON ELECTIONS
Citation: G.R. No. 118702 March 16, 1995

FACTS:
Petitioner Cerilo Roy Montejo, representative of the first district of Leyte, pleads
for the annulment of Section 1 of Resolution no. 2736, redistricting certain
municipalities in Leyte, on the ground that it violates the principle of equality
of representation.

The province of Leyte with the cities of Tacloban and Ormoc is composed of 5
districts. The 3rd district is composed of: Almeria, Biliran, Cabucgayan,
Caibiran, Calubian, Culaba, Kawayan, Leyte, Maripipi, Naval, San Isidro,
Tabango and Villaba.

Biliran, located in the 3rd district of Leyte, was made its subprovince by virtue
of Republic Act No. 2141 Section 1 enacted on 1959. Said section spelled out
the municipalities comprising the subprovince: Almeria, Biliran, Cabucgayan,
Caibiran, Culaba, Kawayan, Maripipi and Naval and all the territories
comprised therein.

On 1992, the Local Government Code took effect and the subprovince of Biliran
became a regular province. (The conversion of Biliran into a regular province
was approved by a majority of the votes cast in a plebiscite.) As a consequence
of the conversion, eight municipalities of the 3rd district composed the new
province of Biliran. A further consequence was to reduce the 3rd district to five
municipalities (underlined above) with a total population of 146,067 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 and on December 29, 1994, it promulgated the assailed
resolution where, among others, it transferred the municipality of Capoocan of
the 2nd district and the municipality of Palompon of the 4th district to the 3rd
district of Leyte.

ISSUE/S:
Whether or not the unprecedented exercise by the COMELEC of the legislative
power of redistricting and reapportionment is valid.

RULING:
No. It is not valid.

Section 1 of Resolution no. 2736 is annulled and set aside.

The deliberations of the members of the Constitutional Commission shows that

COMELEC was denied the major power of legislative apportionment as it itself
exercised the power. Regarding the first elections after the enactment of the
1987 constitution, it is the Commission who did the reapportionment of the
legislative districts and for the subsequent elections, the power was given to
the Congress.

Also, respondent COMELEC relied 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. Said ordinance states that:

Section 2: The Commission on Elections is hereby empowered to make minor

adjustments to the reapportionment herein made.

Section 3 : Any province that may hereafter be createdThe number of

Members apportioned to the province out of which such new province was
created or where the city, whose population has so increases, 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.

Minor adjustments does not involve change in the allocations per district.
Examples include error in the correct name of a particular municipality or
when a municipality in between which is still in the territory of one assigned
district is forgotten. And 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 is to
adjust the number of members (not municipalities.)