Facts:
As
taxpayers and residents of mandaluyong, petitioners assail the
constitutionality of RA No. 7675 otherwise known as “An Act Converting the
Municipality of Mandaluyong into a Highly Urbanized City to be known as City of
Mandaluyong. Prior to the enactment of the statute, Mandaluyong and San Juan
belonged to one legislative district. Hon Congressional representative Hon.
Ronaldo Zamora sponsored the bill and signed by pres. Fidel Ramos becoming RA
No. 7675. A plebiscite was held on April 10, 1994. The turnout of the
plebiscite was only 14.41% of the voting population: 18, 621 voted “yes” while
7,911 voted “no”. Thus, RA 7675 was deemed ratified and in effect.
Issue:
1)
RA No 7675 specifically Art VIII Sec 49
thereof is unconstitutional for being violative of three specific provisions of
the Constitution. First objection is that it contravenes the “one-subject-one
bill” rule as enunciated in Art VI section 26(1) of the Constitution (every
bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.) this section embraces two principal subjects
1) the conversion of Mandaluyong into a HUC and 2) the division of the
congressional district of San Juan/Mandaluyong into two separate districts.
2)
Second and third objection involve Art
VI, Sec 5 (1) and (4) of the COnsti. Petitioners argue that division of San
Juan and Mandaluyong into separate congressional districts has resulted in
increase in the composition of the House of representatives and that it
preempts the right of Congress to reapportion legislatives districts pursuant
to Sec 5(4).
Held:
Contentions
are devoid of merit. The petition is
DISMISED for lack of merit.
Ratio:
1)
The creation of separate congressional
district for Mandaluyong is not a subject separate and distinct from the
subject of conversion into a HUC but is a natural and logical consequence of
its conversion into a HUC. A liberal construction of the “one title-one
subject” rule, it should be given a practical rather than a technical
construction. It should be sufficient compliance with such requirement is the title expresses the
general subject and all the provisions germane to that general subject
2)
Statutory conversion of Mandaluyong into
HUC with a population of not less than 250 thousand indubitably ordains
compliance with the one city, one representative proviso in the
constitution—the said Act enjoys the presumption of having passed through the
regular congressional processes including due consideration by the members of
Congress of the minimum requirements for the establishment of separate legislative
districts.
3)
The present limit of 250 members is not
absolute. The phrase “unless otherwise provided by law” indicates that
composition of Congress may be increased if Congress itself so mandates through
a legislative enactment—therefore increase is not unconstitutional
4)
Congress drafted and deliberated upon
and enacted the assailed law- Congress cannot possibly preempt itself on a
right which pertains to itself (reapportioning of legislative districts
5)
The principal subject involved in the
plebiscite was the conversion of Mandaluyong into a highly urbanized city—the
inhabitants of san juan were properly excluded from the said plebiscite as they
had nothing to do with the change of status of mandaluyong
6)
On the issue of GERRYMANDERING:
(practice of creating legislative districts to favor a particular candidate or
party)—rep Ronald Zamora, author of the law is the incumbent representative of
the former San Juan/mandaluyong district-by dividing the district his
constituency has in fact been diminished and not favorable to him
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