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VICTORINO B. ALDABA v. COMELEC

FACTS:

This case involves the constitutionality of Republic Act No. 9591 (RA 9591), which created a legislative district for the city of Malolos, Bulacan. Prior to the enactment of RA 9591, the province of Bulacan was represented in Congress through four legislative districts. However, on May 1, 2009, RA 9591 was passed, creating a separate legislative district for the city of Malolos. The petitioners, who are taxpayers, registered voters, and residents of Malolos City, filed a petition contending that RA 9591 is unconstitutional for failing to meet the minimum population requirement of 250,000 for a city to merit representation in Congress. The issue in this case is whether the city of Malolos has a population of at least 250,000, whether actual or projected, for the purpose of creating a legislative district for the city. The petitioners argue that the population projections relied upon by House Bill No. 3693, which created the legislative district, were based on an undated certification issued by a Regional Director of the National Statistics Office (NSO) without proper authority and were void on their face. The Court ultimately ruled in favor of the petitioners and declared RA 9591 unconstitutional for violating the minimum population requirement in the Constitution.

ISSUES:

  1. Whether or not Republic Act No. 9591 (RA 9591) is unconstitutional for failing to meet the minimum population threshold of 250,000 for a city to merit representation in Congress.

  2. Whether or not the Certification issued by the Regional Director of the National Statistics Office is valid and sufficient to support the creation of a legislative district for the City of Malolos.

RULING:

  1. Yes, RA 9591 is unconstitutional for being violative of Section 5(3), Article VI of the 1987 Constitution and Section 3 of the Ordinance appended to the 1987 Constitution.

  2. The Certification issued by the Regional Director of the National Statistics Office is invalid and insufficient to support the creation of a legislative district for the City of Malolos.

PRINCIPLES:

  • For a city to have a legislative district, it must have a population of at least 250,000, whether actual or projected.

  • Certifications on demographic projections can only be issued if such projections are declared official by the National Statistics Coordination Board.

  • Certifications based on demographic projections can only be issued by the NSO Administrator or his designated certifying officer.

  • Intercensal population projections must be as of the middle of every year.

  • A city whose population has increased to 250,000 is entitled to have a legislative district only in the "immediately following election" after the attainment of the 250,000 population.