Aldaba V Comelec 1r643m

Aldaba v. Commission on Elections Nature of the case: (Creating a legislative district for Malolos) action for Prohibition challenging the constitutionality of R.A. 9591.

Issues: -

Facts: -

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The assailed Republic Act 9591 would create a legislative district for Malolos City, Bulacan. House Bill No. 3693 cites undated certification of NSO Reg. Dir. Projecting a Malolos population to be 254,030 by year 2010. Certification also states Malolos population to be 175, 291 as of May 1, 2000 Petitioners claim the following: o A legislative district can only be created when a city has at least a population of 250,000 people according to Art 6, Section 5 (3) of the Constitution. o Since the projected 2010 population of 254,030 for Malolos was only issued by the National Statistics Office (NSO) Regional Director Alberto Miranda, it should have no legal effect. This is because an NSO Regional Director has no basis and authority to issue the certification. o Intercensal population projections should be as of the middle of the year. o The assumed growth rate projection would give Malolos less than 250,000 population for 2010. o Even if the growth rate projection was correct, a new legislative district would take effect only in the “immediately following election.”

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W/No RA 9591 is unconstitutional based on the provisions of Art 6 Sec 5(3) W/No a legislative district strictly requires a minimum population of 250,000 people

Held: RA 9591 is declared unconstitutional. Ratio: The 1987 Constitution requires that for a city to have a legislative district, the city must have “a population of at least 250,000.” The only issue here is whether the population of Malolos has a population of at least 250,000 whether actual or projected, for the purpose of creating a legislative district of Malolos. 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 May 10, 2010 elections. Also, the certification issued by General Regional Director Miranda stating that Malolos would have a 250,000 population by 2010 is without legal effect. First, certifications on demographic projections are declared official by the National Statistics Coordination Board (NSCB). Second, certifications can only be issued by the NSO or his designated istrative officer. Third, intercensal population projections must be as of the middle of the year.

Relevance to Consti Law: The overwhelming weight of authority is that district apportionment laws are subject to review by the courts. 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.”