Sema v. COMELEC, G.R. 177597, (2008)

ISSUE:  Whether or not the Congress can delegate to the Regional Assembly the power to create provinces 

FACTS:  On August 28, 2006, the ARMM Regional Assembly, exercising its power to create provinces under Section 19 of RA 9054, enacted Muslim Mindanao Autonomy Act No. 201 creating the Province of Shariff Kabunsuan. On May 10, 2007, the COMELEC issued Resolution 7902 renaming the legislative district combining the said provice with Cotabato as "Shariff Kabunsuan Province with Cotabato City." Sema, here petitioner, questioned the Resolution combining the Shariff Kabunsuan and Cotabato CIty into a single legislative district. 

DECISION:  Section 19, Article VI of RA 9054 is UNCONSTITUTIONAL insofar as it grants to the Regional Assembly of the Autonomous Region in Muslim Mindanao the power to create provinces and cities. Thus, SC declares VOID Muslim Mindanao Autonomy Act No. 201 creating the Province of Shariff Kabunsuan. COMELEC Resolution 7902 is VALID. 

RATIO DECIDENDI:  SC ruled that Section 19, RA 9054, insofar as it grants to the Regional Assembly the power to create provinces and cities, is void. Only Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts, a power only Congress can exercise under Section 5, Article VI of the Constitution.