A no under eo no 205 the national telecommunications

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Unformatted text preview: es because the creation of the same necessarily includes the creation of legislative districts, a power only Congress can exercise under Section 5 Art. VI of the Constitution and Section 3 of the Ordinance appended to it. (Bai Sandra S.A. Sema v. COMELEC, et al. G.R. No. 178628, July 18, 2008) Q: Considering the legislative power validly delegated to the ARMM Regional Assembly, what is the limitation of such that prevents the same to create legislative districts? A: The ARMM Regional Assembly cannot enact a law creating a national office like the office of a district representative of Congress because the legislative powers of the ARMM Regional Assembly operate only within its territorial jurisdiction as provided in Section 20 Art. X of the Constitution. (Sema v. COMELEC, G.R. No. 178628, July 16, 2008) Q: Congress enacted a law creating the legislative district of Malolos based on a certification of the demographic projection from NSO stating that by 2010, Malolos is expected to reach the population of 250,000, hence entitling it to one legislative district. Is the law valid? A: No. Congress cannot establish a new legislative district based on a projected population of the National statistics Office (NSO) to meet the population requirement of the Constitution in the reapportionment of legislative districts. A city that has attained a population of 250,000 is entitled to a legislative district only in the “immediately following election.” In short, a city must first attain the 250,000 population, and thereafter, in the immediately following election, such city shall have a district representative. There is no showing in the present case that the City of Malolos has attained or will attain a population of 250,000, whether actual or projected, before May 10, 2010 elections. Thus, the City of Malolos is not qualified to have a legislative district of its own under Section 5(3), Article VI of the 1987 Constitution and Section 3 of the Ordinance appended to the1987 186 Constitution. (Aladaba v. Comelec, G.R. No. 188078, Jan. 25, 2010) Q: Congres...
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This document was uploaded on 03/12/2014.

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