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HERMIE M. HERRERA v. COMELEC

FACTS:

In this case, petitioners, as taxpayers, filed a petition for certiorari to annul and set aside Resolution No. 2950 issued by the Commission on Elections (COMELEC) on November 3, 1997. Resolution No. 2950 amended previous resolutions on the districting and adjustment of Sangguniang Panlalawigan and Panglungsod seats in connection with the May 11, 1998 elections. Specifically, petitioners challenged the portion of the resolution that divided the Province of Guimaras into two provincial districts and apportioned eight elective Sangguniang Panlalawigan seats for the province.

In support of their petition, petitioners questioned the manner in which the province was divided into districts, asserting that the districts do not comprise a compact, contiguous and adjacent area. They also argued that the "consultative meeting" mentioned in the resolution did not truly represent the sentiment of the voters of the province. Moreover, petitioners claimed that the apportionment of the province into two districts was inequitable and that there was disparity in the ratio of the number of voters represented by a Board Member.

Petitioners proposed an alternative redistricting of the province, which they argued was more in accordance with the law and the Constitution. Under their proposal, the province would be divided into a first district with 63,002 voters and a second district with 63,468 voters, resulting in a more balanced ratio of one Board member per 15,000 voters in the first district and per 15,696 voters in the second district.

The division of provinces into districts and the apportionment of elective members of the Sangguniang Panlalawigan by district are provided for by law. Republic Act No. 6636 states that fourth class provinces shall have eight Sangguniang Panlalawigan members. Additionally, Republic Act No. 7166 mandates the division of provinces with only one legislative district into two districts for electing Sangguniang Panlalawigan members, with each district comprising a compact, contiguous and adjacent territory, and the number of seats being equitably apportioned between the districts. As the Province of Guimaras is classified as a fourth class province with only one legislative district, it should be divided into two provincial districts.

ISSUES:

  1. Whether the division of the Province of Guimaras into two provincial districts is valid.

  2. Whether the apportionment of Sangguniang Panlalawigan seats in the Province of Guimaras is equitable.

RULING:

  1. The division of the Province of Guimaras into two provincial districts is valid. Under Republic Act No. 7166, a province with only one legislative district should be divided into two provincial districts for purposes of electing the members of the Sangguniang Panlalawigan. The division must be made as nearly as practicable according to the number of inhabitants, each district comprising a compact, contiguous, and adjacent territory. In this case, the province was divided into two districts based on the result of consultative meetings and the recommendation of the Provincial Election Supervisor, which were conducted with the participation of elected officials, barangay captains, political party representatives, and other interested parties. There is no showing that the division was made arbitrarily or without basis.

  2. The apportionment of Sangguniang Panlalawigan seats in the Province of Guimaras is not equitable. Under Republic Act No. 6636, a fourth-class province should have eight Sangguniang Panlalawigan members. However, in this case, the Commission on Elections allocated eight seats to the Province of Guimaras but divided them into two districts with different ratios of voters per board member. Petitioners propose a redistricting scheme that results in a more equitable ratio for each district. The Court holds that the proposed redistricting is more in accordance with the law and the Constitution.

PRINCIPLES:

  • A province with only one legislative district should be divided into two provincial districts for purposes of electing the members of the Sangguniang Panlalawigan, as provided under Republic Act No. 7166.

  • The division of a province into districts should be done as nearly as practicable according to the number of inhabitants, with each district comprising a compact, contiguous, and adjacent territory.

  • The apportionment of Sangguniang Panlalawigan seats in a province should be equitable, in accordance with the law and the Constitution.