A 7160 note any city municipality or barangay may by

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Unformatted text preview: s enacted a law reapportioning the composition of the Province of Camarines Sur and created legislative districts thereon. Aquino challenged the law because it runs afoul to the constitutional requirement that there must be 250,000 population create a legislative districts. Comelec argued that the mention requirement does not apply to provinces. Is the 250,000 population standard an indispensible requirement for the creation of a legislative district in provinces? A: No. Section 5(3), Article VI of the 1987 Constitution which requires 250,000 minimum population requirement apply only for a city to be entitled to a representative but not for a province. The provision draws a plain and clear distinction between the entitlement of a city to a district on one hand, and the entitlement of a province to a district on the other. For while a province is entitled to at least a representative, with nothing mentioned about population, a city must first meet a population minimum of 250,00 in order to be similarly situated. (Aquino and Robredo v. Comelec, G.R. No. 189793, April 7, 2010) Q: Congress passed a law providing for the apportionment of a new legislative district in CDO City. The COMELEC subsequently issued a resolution implementing said law. B now assails the resolution, contending that rules for the conduct of a plebiscite must first be laid down, as part of the requirements under the Constitution. According to B, the apportionment is a conversion and division of CDO City, falling under Section 10 Art X of the Constitution, which provides for the rule on creation, division, merger, and abolition of LGUs. Decide. A: There is no need for a plebiscite. CDO City politically remains a single unit and its administration is not divided along territorial lines. Its territory remains whole and intact. Thus, Section 10 Art. X of the Constitution does not come into play. (Bagabuyo v. COMELEC, G.R. No. 17690, Dec. 8 2008) POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATI...
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This document was uploaded on 03/12/2014.

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