Case Digest: Bagabuyo v Comelec, 573 SCRA 290 (2008)

FACTS:  On October 10, 2006, Cagayan de Oro’s then Congressman Constantino G. Jaraula filed and sponsored House Bill No. 5859:   An Act Providing for the Apportionment of the Lone Legislative District of the City of Cagayan De Oro or RA No. 9371. It increased Cagayan de Oro’s legislative district from one to two. For the election of May 2007, CDO’s voters would be classified as belonging to either the first or the second district, depending on their place of residence. On March 13, 2007, COMELEC promulgated a resolution implementing the said act. Bagabuyo filed a petition at the Supreme Court asking for the nullification of RA 9371 and Resolution No. 7837 on constitutional grounds. Petitioner argued that COMELEC cannot implement a law without the commencement of a plebiscite which is indispensable for the division and conversion of a local govt. unit. 

ISSUE:  Whether or not the law, of which pertains to the legislative apportionment of a city, involve the division and conversion of a local government unit, necessitating a plebiscite 

DECISION:  Dismissed 

RATIO DECIDENDI:  The Court upheld respondent’s arguments saying that such law only increased the representation of CDO in the House of Representatives and Sangguniang Panglungsod. Creation, division, merger, abolition, and alteration of boundaries under Art. X Sec. 10 requires the commencement of a plebiscite , while legislative apportionment or reapportionment under Art. VI, Sec.5 need not. There was also no change in CDO’s territory, population, income and classfication