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CIRILO ROY G. MONTEJO v. COMELEC

FACTS:

In this case, there are three separate petitions filed by different parties, all challenging the validity of section 1 of Resolution No. 2736 of the COMELEC, which involved the redistricting of certain municipalities in Leyte. The petitioners argue that the redistricting violates the principle of equality of representation.

Petitioner Cirilo Roy G. Montejo represents the First District of Leyte and seeks to transfer the municipality of Tolosa from his district to the Second District. Intervenor Sergio A.F. Apostol, who represents the Second District, opposes the inclusion of Tolosa in his district.

The Supreme Court gives due course to the case as it involves the validity of the COMELEC's exercise of legislative power in redistricting. The province of Leyte consists of five legislative districts, and the redistricting was done to address the inequality in the distribution of inhabitants, voters, and municipalities resulting from the conversion of Biliran into a separate province. Resolution No. 2736 transferred certain municipalities, including Capoocan and Palompon, to different districts.

Petitioner Montejo files a motion for reconsideration, alleging the inequitable distribution of inhabitants and voters between the First and Second Districts.

In another petition, petitioner Arturo Tolentino seeks to declare Section 1 of Resolution No. 2736 void. He argues that there is a difference of 22,226 registered voters between the First and Second Districts, and he proposed transferring the municipality of Tolosa to minimize the difference. However, his motion is opposed by Intervenor Apostol. The COMELEC denies Tolentino's motion, stating that the redistricting aims to minimize disruption and follows constitutional requirements.

During a session of the Constitutional Commission, the proposal for the apportionment of legislative districts is being discussed. The Bernas-Sarmiento et al. proposal suggests that the apportionment be done after the first election, within three years following the return of every census. The session is suspended to allow proponents of different proposals to work together and is later resumed.

ISSUES:

  1. Whether the apportionment of legislative districts should be delegated to the Commission on Elections (COMELEC) or be undertaken by the Constitutional Commission itself.

  2. Whether the Constitutional Commission can complete the work of reapportionment within the remaining time.

  3. Whether the Constitutional Commission denied the COMELEC the power of legislative apportionment

  4. Whether the COMELEC is empowered to make minor adjustments on the apportionment

  5. Whether the Commission on Elections (COMELEC) has the authority to transfer municipalities from one legislative district to another.

  6. Whether the transfer of the municipalities of Capoocan and Palompon to the Third District of Leyte is valid.

RULING:

  1. The apportionment of legislative districts should be undertaken by the Constitutional Commission itself. Delegating this responsibility to the COMELEC would raise concerns about gerrymandering. The Constitutional Commission, being a nonpartisan and nonpolitical deliberative body, is best suited for this task.

  2. The Constitutional Commission can complete the work of reapportionment within the remaining time. The Committee on the Legislative has already prepared a report based on the recommendation of the COMELEC and has apportioned the whole country into various districts. This report can be appended to the Constitution.

  3. The Constitutional Commission denied the COMELEC the major power of legislative apportionment as it itself exercised the power.

  4. The COMELEC is only empowered to make minor adjustments on the apportionment made by the Constitutional Commission.

  5. The COMELEC does not have the authority to transfer municipalities from one legislative district to another. The power granted by the law is limited to adjusting the number of members apportioned to a province, not transferring municipalities.

  6. The transfer of the municipalities of Capoocan and Palompon to the Third District of Leyte is invalid. The COMELEC committed grave abuse of discretion when it promulgated the resolution that authorized the transfer.

PRINCIPLES:

  • Redistricting is vitally linked to gerrymandering and should be undertaken by a nonpartisan and nonpolitical body.

  • Reapportionment of legislative districts is generally inherent in the legislative power or the constituent power.

  • The Constitutional Commission has the expertise and time to complete the work of reapportionment.

  • The delegation of reapportionment to the COMELEC raises concerns and uncertainties.

  • The Constitutional Commission has the authority to exercise the power of legislative apportionment.

  • The COMELEC can only make minor adjustments on the apportionment.

  • The power to reapportion legislative districts rests with Congress.

  • The validity of a legislative apportionment is a justiciable question.