Sec 2 5 art ixc 1987 constitution political parties

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Unformatted text preview: condition is not absolute) 3. Each city with a population of at least 250,000 or each province shall at least have one representative. 4. representative under his new party or organization. Legislative districts shall be re‐ apportioned by Congress within 3 years after the return of each census (Senator Aquino III v. COMELEC, G.R. No. 189793, April 7, 2010. Note: GR: There must be proportional representation according to the number of their constituents/inhabitants XPN: In one city‐one representative/one province‐ one representative rule. Note: Where a town is converted to a highly urbanized city with a population of not less than 250, 000, the creation of a separate congressional district is in keeping with the one city‐one representative/one province‐one representative rule. A city which has exceeded the number of 250, 000 inhabitants is entitled to one representative. Q: What is the reason for such rule? A: The underlying principle behind the rule for apportionment is the concept of equality of representation which is a basic principle of republicanism. One man’s vote should carry as much weight as the vote of every other man. Note: Section 5 provides that the House shall be composed of not more than 250 members unless otherwise provided by law. Thus, Congress itself may by law increase the composition of the HR. (Tobias v. Abalos, G.R. No. L‐114783, December 8, 1994) As such, when one of the municipalities of a congressional district is converted to a city large enough to entitle it to one legislative district, the incidental effect is the splitting of district into two. The incidental arising of a new district in this manner need not be preceded by a census. (Tobias v. Abalos, G.R. No. L‐114783, December 8, 1994) Q: How should the reapportionment be made? A: Reapportionment can be made thru a special law. (Mariano, Jr. vs. COMELEC, G.R. No. 118577, March 7, 1995) 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. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. D...
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