Sema vs. Commission on Elections, et al.

Only Congress can create provinces and cities because the creation of such local government units necessarily includes the power to create legislative districts, which is exclusively vested in Congress by the Constitution and cannot be delegated to regional or local legislative bodies.

The 1987 Constitution apportioned the Province of Maguindanao into two legislative districts, with Cotabato City (part of Region XII, not the ARMM) included in the first district. The ARMM was established under RA 6734 and later strengthened by RA 9054 (the Organic Act). In 2006, the ARMM Regional Assembly enacted MMA Act No. 201, creating the Province of Shariff Kabunsuan from eight municipalities of Maguindanao's first district, leaving Cotabato City geographically isolated from the remaining municipalities of Maguindanao.

N/A. The cases were filed directly with the SC as special civil actions for certiorari, prohibition, and mandamus; no lower court proceedings are detailed.

• G.R. No. 177597: Petitioner Sema was a candidate for Representative of "Shariff Kabunsuan with Cotabato City" in the May 14, 2007 elections. She sought to nullify COMELEC Resolution No. 7902 and exclude votes from Cotabato City, arguing Shariff Kabunsuan was entitled to its own legislative district under Section 5(3), Article VI of the Constitution.
• G.R. No. 178628: Petitioner Marquez, a taxpayer and resident of Cotabato City, sought writs of prohibition and mandamus to compel the COMELEC to conduct special elections for the "First District of Maguindanao with Cotabato City," arguing Cotabato City was deprived of representation.
• MMA Act No. 201: Enacted by the ARMM Regional Assembly on August 28, 2006, creating Shariff Kabunsuan from nine municipalities (later increased to eleven) of Maguindanao's first district. The Act explicitly stated that the existing legislative district including Cotabato City shall remain "except as may be provided by national law."
• COMELEC Resolutions:
  • Resolution No. 07-0407 (March 6, 2007): Maintained the status quo with Cotabato City as part of the district.
  • Resolution No. 7845 (March 29, 2007): Stated Maguindanao's first district comprised only Cotabato City.
  • Resolution No. 7902 (May 10, 2007): Renamed the district as "Shariff Kabunsuan Province with Cotabato City (formerly First District of Maguindanao with Cotabato City)."
  • Plebiscite: The creation of Shariff Kabunsuan was ratified on October 29, 2006.
  • Population Data: As of the 2000 census, Cotabato City had a population of 163,849, below the 250,000 threshold required for a city to have its own representative under Section 5(3), Article VI.

• Sema:
  • Section 5(3), Article VI and Section 3 of the Ordinance appended to the Constitution automatically entitle every province to at least one representative; thus, Shariff Kabunsuan should have its own district without need of a national law.
  • COMELEC Resolution No. 7902 was issued without or in excess of jurisdiction and usurped Congress' power to reapportion districts.
  • Cites Felwa v. Salas for the principle that legislative districts come into existence by operation of the Constitution when a province is created.
• Marquez:
  • Cotabato City voters were deprived of a representative because the city cannot be joined with Shariff Kabunsuan (an ARMM province) to form one district while Cotabato City is not part of the ARMM.
  • Seeks special elections for Cotabato City as the lone First District of Maguindanao.

• COMELEC (initially):
  • Resolution No. 7902 was an administrative measure, not quasi-judicial, thus certiorari was improper.
  • Sema's petition was mooted by the proclamation of respondent Didagen P. Dilangalen as winner.
  • Later changed position (through the OSG) to join Sema in arguing Section 19 is constitutional and that Section 5(3), Article VI is self-executing.
• COMELEC (finally):
  • Joined respondent Dilangalen to argue Section 19, Article VI of RA 9054 is unconstitutional because it contravenes Section 10 and Section 6, Article X of the Constitution.
• Dilangalen:
  • Sema is estopped from questioning the resolution because she filed her Certificate of Candidacy for "Shariff Kabunsuan including Cotabato City."
  • The power to create provinces under Section 19 is unconstitutional because the Constitution does not grant autonomous regions this power, and it violates the Equal Protection Clause by allowing lower standards for creation.
  • Only Congress can create legislative districts; the ARMM Regional Assembly cannot.
  • Cotabato City cannot constitute a legislative district alone due to insufficient population (below 250,000).

• Procedural Issues:
  • Whether the writ of prohibition is the proper remedy to test the constitutionality of COMELEC Resolution No. 7902.
  • Whether the proclamation of respondent Dilangalen mooted the petition in G.R. No. 177597.
• Substantive Issues:
  • Whether Section 19, Article VI of RA 9054, delegating to the ARMM Regional Assembly the power to create provinces and cities, is constitutional.
  • Whether a province created by the ARMM Regional Assembly under Section 19 is entitled to one representative in the House of Representatives without a national law creating a legislative district.
  • Whether COMELEC Resolution No. 7902 is valid for maintaining Cotabato City as part of the legislative district with Shariff Kabunsuan (formerly First District of Maguindanao).

• Procedural:
  • Yes, the writ of prohibition is appropriate to test the constitutionality of election laws, rules, and regulations even if issued administratively.
  • No, the proclamation of Dilangalen did not moot the petition because the case involves the validity of COMELEC resolutions and the constitutionality of MMA Act 201, which affects future elections and the ARMM's legislative powers.
• Substantive:
  • Section 19, Article VI of RA 9054 is unconstitutional insofar as it grants the ARMM Regional Assembly the power to create provinces and cities. The creation of provinces and cities necessarily involves the creation of legislative districts because the Constitution mandates that every province and every city with at least 250,000 population shall have at least one representative. The power to create legislative districts is vested exclusively in Congress and cannot be delegated to a regional legislative body.
  • No, a province created by the ARMM Regional Assembly is NOT entitled to a representative without a national law. Only Congress can trigger the creation of a legislative district by operation of the Constitution through a national law creating the province. The ARMM Regional Assembly cannot create national offices (House seats).
  • COMELEC Resolution No. 7902 is valid. Since MMA Act 201 is void, the Province of Shariff Kabunsuan does not exist. The status quo—Cotabato City remaining part of the First District of Maguindanao—is the only constitutional arrangement possible, as Cotabato City cannot stand alone due to its population.

• Inherent Link Between Province Creation and District Creation — The creation of a province (or a city with 250,000+ population) inherently involves the creation of a legislative district because Section 5(3), Article VI guarantees each such unit at least one representative. Therefore, the power to create provinces cannot be separated from the power to create legislative districts.
• Non-Delegability of Legislative Power to Create Districts — The power to create or reapportion legislative districts is vested exclusively in Congress under Section 5, Article VI of the Constitution. This power cannot be delegated to regional or local legislative bodies because it involves the composition of the national legislature.
• Limitations on Regional Autonomy — The ARMM Regional Assembly's legislative powers operate only within its territorial jurisdiction and subject to the Constitution and national laws (Section 20, Article X). It cannot create national offices or affect the composition of the House of Representatives.
• Self-Executing Nature of District Entitlement — While Section 5(3), Article VI is self-executing in that a province is entitled to a representative, the entitlement is triggered only by an act of Congress creating the province, not by an act of a regional assembly.

• "The power to create a province, or a city with a population of 250,000 or more, requires also the power to create a legislative district. Even the creation of a city with a population of less than 250,000 involves the power to create a legislative district because once the city's population reaches 250,000, the city automatically becomes entitled to one representative."
• "An inferior legislative body, created by a superior legislative body, cannot change the membership of the superior legislative body."
• "Only an act of Congress can trigger the creation of a legislative district by operation of the Constitution. Thus, only Congress has the power to create, or trigger the creation of, a legislative district."
• "It would be anomalous for regional or local legislative bodies to create or reapportion legislative districts for a national legislature like Congress."

• Felwa v. Salas — Distinguished. The SC held that Felwa applies only when the province is created by Congress itself through a national law, not by a regional assembly. The "operation of the Constitution" principle applies only to acts of Congress.
• Montejo v. COMELEC — Cited for the principle that the power of redistricting is part of the power to make laws and is vested exclusively in Congress.
• Tobias v. Abalos and Mariano v. COMELEC — Cited by Justice Tinga to show that Congress can increase House membership through special laws (city charters), but this power is non-delegable.

• Section 5(1), Article VI of the 1987 Constitution — Vests in Congress the power to fix the number of House members (not more than 250) by law.
• Section 5(3), Article VI of the 1987 Constitution — Mandates that each province and each city with at least 250,000 population shall have at least one representative.
• Section 5(4), Article VI of the 1987 Constitution — Requires Congress to reapportion legislative districts within three years after every census.
• Section 10, Article X of the 1987 Constitution — Requires creation of local government units to follow criteria in the Local Government Code and subject to plebiscite.
• Section 20, Article X of the 1987 Constitution — Lists the legislative powers of autonomous regions, notably excluding the power to create legislative districts for Congress.
• Section 19, Article VI of RA 9054 — The provision delegating to the ARMM Regional Assembly the power to create provinces, cities, municipalities, and barangays.
• Section 3 of the Ordinance appended to the 1987 Constitution — Provides that any province created shall be entitled to at least one member in the immediately following election.
• Section 461 of RA 7160 (Local Government Code) — Prescribes the requisites for creation of provinces (income, land area/population).

• Justice Tinga (Separate Opinion - Concurring in the result, Dissenting on the reasoning) — Joined by Ynares-Santiago, Azcuna, Chico-Nazario, Leonardo-De Castro, and Brion, JJ. Argued that Section 19 of RA 9054 is constitutional insofar as it delegates the power to create provinces to the ARMM Regional Assembly (no constitutional prohibition exists, and this furthers local autonomy). However, he concurred in denying the petitions because the power to create legislative districts is a separate, non-delegable power vested exclusively in Congress under Section 5(1), Article VI (fixing House membership). Thus, Shariff Kabunsuan exists as a validly created province but has no legislative district until Congress creates one by law. He criticized the majority for annihilating the province instead of simply denying it a separate congressional seat.

N/A. (Justice Tinga's opinion, while critical of the majority's reasoning, concurs in the result of denying the petitions.)