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Aldaba

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Aldaba v. COMELEC Topic: Legislative Apportionment January 25, 2010 G.R.

No/s 188078 CARPIO, J

- Doctrine: a city must first attain the 250,000 population, and thereafter, in the immediately following election, such
city shall have a district representative.
- This is an original action for Prohibition to declare unconstitutional Republic Act No. 9591 (RA 9591), creating a
legislative district for the city of Malolos, Bulacan, for violating the minimum population requirement for the
creation of a legislative district in a city.

Þ Before 1 May 2009, the province of Bulacan was represented in Congress through four legislative districts. 1 May 2009, RA
9591 lapsed into law, amending Malolos' City Charter,[2] by creating a separate legislative district for the city.
Þ At the time the legislative bills for RA 9591 were filed in Congress in 2007 the population of Malolos City was 223,069.
Þ The population of Malolos City on 1 May 2009 is a contested fact but there is no dispute that House Bill No. 3693 relied on
an undated certification issued by a Regional Director of the National Statistics Office (NSO) that "the projected
population of the Municipality of Malolos will be 254,030 by the year 2010 using the population growth rate of 3.78
between 1995 to 2000.

Issue: 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 of Malolos in time for the 10 May 2010 elections. — NO

Ruling:
- The 1987 Constitution requires that for a city to have a legislative district, the city must have "a population of at least
two hundred fifty thousand." The only issue here 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 of Malolos in time for the 10
May 2010 elections. If not, then RA 9591 creating a legislative district in the City of Malolos is unconstitutional
- 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 the 10 May 2010 elections.
- Clearly, there is no official record that the population of the City of Malolos will be at least 250,000, actual or
projected, prior to the 10 May 2010 elections, the immediately following election after the supposed attainment of
such population. 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 the 1987 Constitution.
- We grant the petition and declare RA 9591 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

DETAILED FACTS:
- Before 1 May 2009, the province of Bulacan was represented in Congress through four legislative districts.
- First Legislative District comprised of the city of Malolos and the municipalities of Hagonoy, Calumpit, Pulilan, Bulacan,
and Paombong.
- On 1 May 2009, RA 9591 lapsed into law, amending Malolos' City Charter,[2] by creating a separate legislative district for
the city.
- At the time the legislative bills for RA 9591 were filed in Congress in 2007 the population of Malolos City was 223,069.
- The population of Malolos City on 1 May 2009 is a contested fact but there is no dispute that House Bill No. 3693 relied on
an undated certification issued by a Regional Director of the National Statistics Office (NSO) that "the projected
population of the Municipality of Malolos will be 254,030 by the year 2010 using the population growth rate of 3.78
between 1995 to 2000."
- Petitioners, taxpayers, registered voters and residents of Malolos City, filed this petition contending that RA 9591 is
unconstitutional for failing to meet the minimum population threshold of 250,000 for a city to merit representation
in Congress as provided under Section 5(3), Article VI of the 1987 Constitution and Section 3 of the Ordinance appended
to the 1987 Constitution.

DETAILED RULING:
- First, certifications on demographic projections can be issued only if such projections are declared official by the
National Statistics Coordination Board (NSCB).
- Second, certifications based on demographic projections can be issued only by the NSO Administrator or his designated
certifying officer.
- Third, intercensal population projections must be as of the middle of every year.
- The Certification of Regional Director Miranda does not state that the demographic projections he certified have been
declared official by the NSCB
- Even if the growth rate is compounded yearly, the population of Malolos of 223,069 as of 1 August 2007 will grow to only
249,333 as of 1 August 2010.
- 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 the 10 May 2010 elections.
- Compliance with constitutional standards on the creation of legislative districts is important because the "aim of
legislative apportionment is 'to equalize population and voting power among districts.’

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