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    Aquino Vs COMELEC - GR 189793 April 7, 2010

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    Dyan
    The petitioners filed a case to nullify a law that reapportioned legislative districts in Camarines Sur province, arguing it violated the constitutional requirement of a minimum population of 250,000 for new districts. Respondents argued petitioners used the wrong legal action and lacked legal standing. The court ruled the law was constitutional, noting the constitution only requires provinces be apportioned into districts and does not mention a population minimum for provincial districts, unlike city districts. It found Camarines Sur's population justified the additional districts.

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    Aquino Vs COMELEC - GR 189793 April 7, 2010

    Uploaded by

    Dyan
    531 views1 page
    The petitioners filed a case to nullify a law that reapportioned legislative districts in Camarines Sur province, arguing it violated the constitutional requirement of a minimum population of 250,000 for new districts. Respondents argued petitioners used the wrong legal action and lacked legal standing. The court ruled the law was constitutional, noting the constitution only requires provinces be apportioned into districts and does not mention a population minimum for provincial districts, unlike city districts. It found Camarines Sur's population justified the additional districts.

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    Aquino vs COMELEC_GR 189793 April 7, 2010

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    The petitioners filed a case to nullify a law that reapportioned legislative districts in Camarines Sur province, arguing it violated the constitutional requirement of a minimum population of 250,000 for new districts. Respondents argued petitioners used the wrong legal action and lacked legal standing. The court ruled the law was constitutional, noting the constitution only requires provinces be apportioned into districts and does not mention a population minimum for provincial districts, unlike city districts. It found Camarines Sur's population justified the additional districts.

    Copyright:

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    Download as doc, pdf, or txt
    531 views1 page

    Aquino Vs COMELEC - GR 189793 April 7, 2010

    Uploaded by

    Dyan
    The petitioners filed a case to nullify a law that reapportioned legislative districts in Camarines Sur province, arguing it violated the constitutional requirement of a minimum population of 250,000 for new districts. Respondents argued petitioners used the wrong legal action and lacked legal standing. The court ruled the law was constitutional, noting the constitution only requires provinces be apportioned into districts and does not mention a population minimum for provincial districts, unlike city districts. It found Camarines Sur's population justified the additional districts.

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    of 1

    Facts: The said case was filed by the petitioners by way of a Petition for Certiorari and Prohibition under

    Rule 65 of the Rules of Court. It was addressed to nullify and declared as unconstitutional, R.A. 97 6 entitled !An Act Reapportionin" the Co#position of the $irst % st& and 'econd (e"islati)e *istricts %+nd& in the pro)ince of Ca#arines 'ur and Thereby Creatin" a ,ew (e"islati)e *istrict fro# such Reapportion#ent.'aid Act ori"inated fro# .ouse /ill ,o. 0+60, and it was enacted by President 1acapa"al2Arroyo. 3ffectuatin" the act, it has di)ided the e4istin" four districts, and apportioned districts shall for# additional district where the new first district shall be co#posed of 76,565 population count. Petitioners contend that the reapportion#ent runs afoul of the e4plicit constitutional standard with a #ini#u# population of +57,777 for the creation of a le"islati)e district under 'ection 5 %5&, Article 8I of the 967 Constitution. It was e#phasi9ed as well by the petitioners that if population is less than that pro)ided by the Constitution, it #ust be stric:en2down for non2co#pliance with the #ini#u# population re;uire#ent, unless otherwise fi4ed by law. Respondents ha)e ar"ued that the petitioners are "uilty of two fatal technical effects< first, error in choosin" to assail R.A. 97 6 )ia the Re#edy of Certiorari and Prohibition under Rule 65 of the Rules of Court. And second, petitioners ha)e no locus standi to ;uestion the constitutionality of R.A. 97 6. Issue< =hether or not Republic Act ,o. 97 6 is unconstitutional and therefore null and )oid, or whether or not a population of +57,777 is an indispensable constitutional re;uire#ent for the creation of a new le"islati)e district in a pro)ince. Held< It was ruled that the said Act is constitutional. The plain and clear distinction between a city and a pro)ince was e4plained under the second sentence of 'ection 5 %5& of the Constitution. It states that a pro)ince is entitled into a representati)e, with nothin" was #entioned about a population. =hile in cities, a #ini#u# population of +57,777 #ust first be satisfied. In +777, Ca#'ur had a population of ,695,6+ #a:in" the pro)ince entitled to two additional districts fro# the present of four. /ased on the for#ulation of >rdinance, other than population, the results of the apportion#ent were )alid. And lastly, other factors were #entioned durin" the deliberations of .ouse /ill ,o. 0+60.

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