Tobias vs Abalos Gr No. L-114783. December 8, 1994

Facts:

            Petitioners assail the constitutionality of RA 7675, “An Act Converting the municipality of Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong”.

            Prior to the enactment of the assailed statute, the Munnicipalities of Mandaluyong and San Juan belonged to only one legislative district. Hon. Ronaldo Zamora, the incumbent congressional representative of this legislative district, sponsored the bill which eventually became RA 7675, President Ramis signed it into law.

            Pursuant to Local Government Code of 1991, a plebiscite was held. The people of Mandaluyong were asked whether they approved the conversion. The turnout at the plebiscite was only 14.41% of the voting population. Nevertheless, 18,621 voted “yes” whereas 7, 911 voted “no”. By virtue of these results, RA 7675 was deemed ratified in effect.

            Petitioners contention were that RA 7675, specifically Article VIII, Section 46 thereof, is unconstitutional. They alleged that it contravenes the “one subject – one bill” rule. They also alleged that the subject law embraced two principal subjects, namely: 1. the conversion of Mandaluyong into a highly urbanized city; and 2. the division of the congressional district of San Juan/Mandaluyong into two separate districts.

            Petitioners argue that the division has resulted in an increase in the composition of the House of Representative beyond that provided in the Constitution. Furthermore, petitioners contend that said division was not made pursuant to any census showing that the subject municipalities have attained the minimum population requirements.

Issue:

1.      Whether or not RA 7675 is unconstitutional.

2.     Whether or not the number of the members of the House of Representative may increase.

3.     Whether or not the subject law has resulted in gerrymandering.

Ruling:

1.      No.

The conversion of Mandaluyong into a highly urbanized city with a population of not less than 250, 000 indubitably ordains compliance with the “one city – one representative” as provided in Article VI, Section 5, par.3 of the Constitution.

The creation of separate congressional district for Mandaluyong is not a subject separate and distinct from the subject of its conversion into a highly urbanized city but is a natural ang logical consequence of its conversion into a highly urbanized city. It should be given a practical rather than a technical construction. It should be sufficient compliance with such requirement if the title expresses the general subject and all provisions are germane to that general subject. It suffices if the title should serve the purpose of the constitutional demand that it inform the legislators, the persons interested in the subject of the bill and the public, of the nature, scope and consequence of the proposed law and its operation.

2.     Yes.

The Constitution clearly provides that the House of Representatives shall be composed of not more than 250 members, unless otherwise provided by law. The present composition of the Congress may be increased, if Congress itself so mandates through a legislative enactment.

3.     No.

Gerrymandering is the practice of creating legislative districts to favor a particular candidate or party. It should be noted that Rep. Zamora, the author of the assailed law, is the incumbent representative of the former San Juan/Mandaluyong district, having consistently won in both localities. By dividing San Juan/Mandaluyong, Rep. Zamora’s constituency has in fact been diminished, which development could hardly be considered as favorable to him.

Petition dismissed.