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    53 Herrera Vs COMELEC

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    A M I R A
    The COMELEC did not gravely abuse its discretion in issuing Resolution No. 2950 which divided the Province of Guimaras, Philippines into two provincial districts. The municipalities in each district were compact, contiguous and adjacent. Consultative meetings were held with representatives from all interested parties. The apportionment of Sangguniang Panlalawigan seats between the two districts complied with relevant laws regarding classification of provinces and division into legislative districts.

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    53 Herrera Vs COMELEC

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    A M I R A
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    The COMELEC did not gravely abuse its discretion in issuing Resolution No. 2950 which divided the Province of Guimaras, Philippines into two provincial districts. The municipalities in each district were compact, contiguous and adjacent. Consultative meetings were held with representatives from all interested parties. The apportionment of Sangguniang Panlalawigan seats between the two districts complied with relevant laws regarding classification of provinces and division into legislative districts.

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    The COMELEC did not gravely abuse its discretion in issuing Resolution No. 2950 which divided the Province of Guimaras, Philippines into two provincial districts. The municipalities in each district were compact, contiguous and adjacent. Consultative meetings were held with representatives from all interested parties. The apportionment of Sangguniang Panlalawigan seats between the two districts complied with relevant laws regarding classification of provinces and division into legislative districts.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    151 views2 pages

    53 Herrera Vs COMELEC

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    A M I R A
    The COMELEC did not gravely abuse its discretion in issuing Resolution No. 2950 which divided the Province of Guimaras, Philippines into two provincial districts. The municipalities in each district were compact, contiguous and adjacent. Consultative meetings were held with representatives from all interested parties. The apportionment of Sangguniang Panlalawigan seats between the two districts complied with relevant laws regarding classification of provinces and division into legislative districts.

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    53. HERRERA VS.

    COMELEC

    EN BANC
    HERMIE M. HERRERA, DONABELLA T. SORONGON, JULIO T. TAMAYOR,
    EDELJULIO R. ROMERO, petitioners, v. THE COMMISSION ON
    ELECTIONS, respondent.
    G.R. No. 131499 | November 17, 1999
    PURISIMA, J.

    FACTS:

    In its Resolution no. 68, the Sangguniang Panlalawigan of Guimaras requested the
    COMELEC to have the province subdivided into two provincial districts. Acting upon
    the request, the Provincial Election Supervisor conducted two consultative meetings
    with the provincial and municipal officials, barangay captains, barangay kagawads,
    representatives of all political parties, and other interested parties. A consensus was
    reached in favor of the division as follows:

    1. First District shall be composed of the Municipalities of Jordan


    Buenavista and San Diego with three (3) Sangguniang Panlalawigan
    Members, and

    2. The Second District shall be composed of the Municipalities of Jordan,


    Nueva Valencia and Sibunag with three (3) Sangguniang
    Panlalawigan Members.

    The Provincial Election Supervisor issued a Memorandum recommending the


    division of the Province of Guimaras into two (2) provincial districts. The Bureau of
    Local Government Finance of the Department of Finance issued Memorandum
    Circular No. 97-1 reclassifying several provinces including the Province of Guimaras,
    which was reclassified from fifth class to fourth class province which allotted eight (8)
    Sangguniang Panlalawigan seats to the Province of Guimaras below:

    Guimaras - 1st district (Buenavista and San Lorenzo)= 3 seats


    - 2nd district (Jordan, Nueva Valencia, and Sibunag)= 5 seats.

    The petitioners questioned Resolution No. 2950, pointing out that:


    1. the districts do not comprise a compact, contiguous and adjacent area.
    2. the consultative meetings did not express the true sentiment of the voters of
    the province.
    3. the apportionment of the two districts are not equitable.
    4. there is disparity in the ratio of the number of voters that a Board Member
    represents.

    ISSUE:

    Whether or not the COMELEC committed a grave abuse of discretion in issuing


    Resolution No. 2950?
    53. HERRERA VS. COMELEC

    RULING:

    NO, COMELEC did not gravely abuse its discretion.

    WHEREFORE, for lack of merit the petition under consideration is hereby


    DISMISSED. No pronouncement as to costs. SO ORDERED.

    RATIO:

    1. The municipalities belonging to each district are compact, contiguous and


    adjacent. Contiguous and adjacent means adjoining, nearby, abutting, having
    a common border, connected, and/or touching along boundaries often for
    considerable distances. On its face, the map of Guimaras shows that the
    municipalities grouped together are contiguous or adjacent.

    2. There were two consultative meetings held by the Office of the Provincial
    Election Supervisor. As required by COMELEC Resoluiton No. 2313, all
    interested parties were duly notified and represented.

    3. Under Republic Act 6636, a 4th class province shall have 8 Sangguniang
    Panlalawigan members. Also, under Republic Act 7166, provinces with 1
    legislative district shall be divided into 2 districts for purposes of electing the
    members of the Sangguniang Panlalawigan. The province of Guimaras, being
    a 4th class province and having only 1 legislative district, shall have 8
    Sangguniang Panlalawigan members and 2 districts.

    4. Under Republic Act 7166 and COMELEC Resolution No. 2313, the basis for
    division shall be the number of inhabitants of the province concerned not the
    number of listed or registered voters. The districting of the Province of
    Guimaras was based on the official 1995 Census of Population as certified by
    the National Statistics Office.

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