Herrera vs. Commission on Elections

The Commission on Elections does not commit grave abuse of discretion in apportioning Sangguniang Panlalawigan districts when it bases its division on the number of inhabitants according to the official census rather than the number of registered voters, and when the grouped municipalities comprise a compact, contiguous, and adjacent territory. The Court ruled that under R.A. 7166 and COMELEC Resolution No. 2131, the statutory basis for districting is the number of inhabitants, not registered voters, and that municipalities touching along boundaries satisfy the contiguity requirement.

Following the addition of the municipalities of San Lorenzo and Sibunag to the Province of Guimaras, the Sangguniang Panlalawigan requested that the province be subdivided into two provincial districts. The Bureau of Local Government Finance subsequently reclassified Guimaras from a fifth-class to a fourth-class province, which, pursuant to R.A. 6636, increased its allotment of elective Sangguniang Panlalawigan members to eight. Consequently, COMELEC needed to divide the province into two districts to apportion these seats.

• Request for Districting: The Sangguniang Panlalawigan of Guimaras passed Resolution No. 68 on March 25, 1996, requesting COMELEC to divide the province into two provincial districts due to the addition of two new municipalities.
• Consultative Meetings: The Provincial Election Supervisor conducted consultative meetings on August 21 and October 2, 1996, with elected officials, barangay captains, and representatives of political parties and other sectors. A unanimous consensus was reached via secret balloting to create a First District (Buenavista and San Lorenzo) and a Second District (Jordan, Nueva Valencia, and Sibunag), with three members each.
• Reclassification: On April 30, 1997, the Department of Finance reclassified Guimaras from a fifth-class to a fourth-class province, entitling it to eight elective Sangguniang Panlalawigan members under R.A. 6636.
• COMELEC Resolution No. 2950: On November 3, 1997, COMELEC issued Resolution No. 2950, dividing Guimaras into two districts and apportioning eight seats: First District (Buenavista and San Lorenzo; population 56,218; 3 seats) and Second District (Jordan, Nueva Valencia, and Sibunag; population 70,252; 5 seats).
• Petitioners' Proposed Alternative: Petitioners proposed an alternative districting based on the number of registered voters rather than inhabitants: First District (Buenavista and Jordan; 63,002 voters; 4 seats) and Second District (Nueva Valencia, Sibunag, and San Lorenzo; 63,468 voters; 4 seats), which would yield a more equitable ratio of voters per board member.

• Petitioners argued that the apportionment under Resolution No. 2950 was inequitable and resulted in a disparity of representation, citing a ratio of one board member per 18,739 voters in the first district versus one per 14,050 voters in the second district.
• Petitioners maintained that the districts did not comprise a compact, contiguous, and adjacent area as required by law.
• Petitioners contended that the consultative meetings did not express the true sentiment of the voters because the inhabitants were not properly represented.
• Petitioners proposed an alternative districting based on the number of registered voters to achieve a more equitable ratio of voters to board members.

• Respondent COMELEC argued that the districting was based on the number of inhabitants as certified by the National Statistics Office, in accordance with R.A. 7166 and COMELEC Resolution No. 2131, rather than the number of registered voters.
• Respondent maintained that the municipalities grouped together in each district were contiguous and adjacent, satisfying the legal requirements for districting.
• Respondent asserted that the consultative meetings were properly conducted with notice to all interested parties, and that attendance sheets demonstrated valid representation, refuting petitioners' claims.

• Procedural Issues:
  • Whether the Commission on Elections committed grave abuse of discretion in issuing Resolution No. 2950.
• Substantive Issues:
  • Whether the apportionment of Sangguniang Panlalawigan districts must be based on the number of registered voters rather than the number of inhabitants.
  • Whether the municipalities grouped together under Resolution No. 2950 comprise a compact, contiguous, and adjacent territory.
  • Whether the consultative meetings conducted by the Provincial Election Supervisor validly expressed the sentiment of the voters of the province.

• Procedural:
  • The Court found no grave abuse of discretion on the part of the Commission on Elections and dismissed the petition for certiorari.
• Substantive:
  • The Court ruled that the basis for division into districts is the number of inhabitants, not the number of registered voters. Under R.A. 7166 and COMELEC Resolution No. 2131, COMELEC properly relied on the official 1995 Census of Population certified by the National Statistics Office.
  • The Court found that the municipalities comprising the First District (Buenavista and San Lorenzo) are contiguous and adjacent, sharing a common border, and thus satisfy the requirement that each district comprise a compact, contiguous, and adjacent territory.
  • The Court held that the consultative meetings were valid, as documentary evidence and attendance sheets demonstrated that all interested parties were duly notified and represented, belying petitioners' claims of inadequate representation.

• Basis of Apportionment for Sangguniang Panlalawigan Districts — The division of provinces into Sangguniang Panlalawigan districts must be based on the number of inhabitants as determined by the official census, not the number of registered voters. The Court applied this by affirming COMELEC's use of the 1995 Census of Population over petitioners' proposed voter-based ratio.
• Contiguity and Adjacency in Districting — For purposes of Sangguniang Panlalawigan districting, "contiguous" and "adjacent" mean adjoining, nearby, abutting, having a common border, connected, and/or touching along boundaries often for considerable distances. The Court applied this by finding that the municipalities of Buenavista and San Lorenzo shared a common border and were therefore legally contiguous, notwithstanding petitioners' claims to the contrary.

• "Under R.A. 7166 and Comelec Resolution No. 2313, the basis for division into districts shall be the number of inhabitants of the province concerned and not the number of listed or registered voters as theorized upon by petitioners."
• "'Contiguous' and/or 'adjacent' means 'adjoining, nearby, abutting, having a common border, connected, and/or touching along boundaries often for considerable distances.'"

• Section 4, Republic Act No. 6636 — Provides that third and fourth class provinces shall have eight elective Sangguniang Panlalawigan members. The Court applied this provision to determine that Guimaras, as a reclassified fourth-class province, was entitled to eight elective members.
• Section 3(b), Republic Act No. 7166 — Provides that for provinces with only one legislative district, the Commission shall divide them into two districts for purposes of electing Sangguniang Panlalawigan members, as nearly as practicable according to the number of inhabitants, each district comprising a compact, contiguous, and adjacent territory, with seats equitably apportioned. The Court applied this provision to uphold COMELEC's districting based on inhabitants and contiguity.
• COMELEC Resolution No. 2131 — Provides rules and guidelines for the apportionment by district of members of the Sangguniang Panlalawigan in provinces with only one legislative district, requiring the use of census population data and consultation with local officials and sectors. The Court used this resolution to validate the consultative meetings and the use of census data over voter lists.

Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr., JJ.