Tobias Vs Abalos 239 SCRA 106
Tobias Vs Abalos 239 SCRA 106
GABRIEL,
and ROBERTO R. TOBIAS, JR. petitioners, vs. HON. CITY MAYOR BENJAMIN S.
ABALOS, CITY TREASURER WILLIAM MARCELINO, and THE SANGGUNIANG
PANLUNGSOD, all of the City of Mandaluyong, Metro Manila, respondents.
1994-12-08 | G.R. No. L-114783
DECISION
BIDIN, J.:
Invoking their rights as taxpayers and as residents of Mandaluyong, herein petitioners assail the
constitutionality of Republic Act No. 7675, otherwise known as "An Act Converting the Municipality of
Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong."
Prior to the enactment of the assailed statute, the municipalities of Mandaluyong and San Juan belonged to
only one legislative district. Hon. Ronaldo Zamora, the incumbent congressional representative of this
legislative district, sponsored the bill which eventually became R.A. No. 7675. President Ramos signed R.A.
No. 7675 into law on February 9, 1994.
Pursuant to the Local Government Code of 1991, a plebiscite was held on April 10, 1994. The people of
Mandaluyong were asked whether they approved of the conversion of the Municipality of Mandaluyong into a
highly urbanized city as provided under R.A. No. 7675. The turnout at the plebiscite was only 14.41% of the
voting population. Nevertheless, 18,621 voted "yes" whereas 7,911 voted "no." By virtue of these results, R.A.
No. 7675 was deemed ratified and in effect.
Petitioners now come before this Court, contending that R.A. No. 7675, specifically Article VIII, Section 49
thereof, is unconstitutional for being violative of three specific provisions of the Constitution.
Article VIII, Section 49 of R.A. No. 7675 provides:
"As a highly-urbanized city, the City of Mandaluyong shall have its own legislative district with the first
representative to be elected in the next national elections after the passage of this Act. The remainder of the
former legislative district of San Juan/Mandaluyong shall become the new legislative district of San Juan with
its first representative to be elected at the same election."
Petitioner's first objection to the aforequoted provision of R.A. No. 7675 is that it contravenes the "one
subject-one bill" rule, as enunciated in Article VI, Section 26 (1) of the Constitution, to wit:
"Sec. 26 (1). Every bill passed by the Congress shall embrace only one subject which shall be expressed in
the title thereof."
Petitioners allege that the inclusion of the assailed Section 49 in the subject law resulted in the latter
embracing two principal subjects, namely: (1) the conversion of Mandaluyong into a highly urbanized city; and
(2) the division of the congressional district of San Juan/Mandaluyong into two separate districts.
Petitioners contend that the second aforestated subject is not germane to the subject matter of R.A. No. 7675
since the said law treats of the conversion of Mandaluyong into a highly urbanized city, as expressed in the
title of the law. Therefore, since Section 49 treats of a subject distinct from that stated in the title of the law,
the "one subject-one bill" rule has not been complied with.
Petitioners' second and third objections involve Article VI, Sections 5 (1) and (4) of the Constitution, which
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provide, to wit:
"Sec. 5 (1). The House of Representatives shall be composed of not more than two hundred and fifty
members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be
elected through a party list system of registered national, regional and sectoral parties or organizations."
"Sec. 5(4). Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standard provided in this section."
Petitioners argue that the division of San Juan and Mandaluyong into separate congressional districts under
Section 49 of the assailed law has resulted in an increase in the composition of the House of Representatives
beyond that provided in Article VI, Sec. 5 (1) of the Constitution. Furthermore, petitioners contend that said
division was not made pursuant to any census showing that the subject municipalities have attained the
minimum population requirements. And finally, petitioners assert that Section 49 has the effect of preempting
the right of Congress to reapportion legislative districts pursuant to Sec. 5 (4) as aforecited.
The contentions are devoid of merit.
Anent the first issue, we agree with the observation of the Solicitor General that the statutory conversion of
Mandaluyong into a highly urbanized city with a population of not less than two hundred fifty thousand
indubitably ordains compliance with the "one city-one representative" proviso in the Constitution:
". . . Each city with a population of at least two hundred fifty thousand, or each province, shall have at least
one representative" (Article VI, Section 5 (3), Constitution).
Hence, it is in compliance with the aforestated constitutional mandate that the creation of a separate
congressional district for the City of Mandaluyong is decreed under Article VIII, Section 49 of R.A. No. 7675.
Contrary to petitioners' assertion, the creation of a separate congressional district for Mandaluyong is not a
subject separate and distinct from the subject of its conversion into a highly urbanized city but is a natural and
logical consequence of its conversion into a highly urbanized city. Verily, the title of R.A. No. 7675. "An Act
Converting the Municipality of Mandaluyong Into a Highly Urbanized City of Mandaluyong" necessarily
includes and contemplates the subject treated under Section 49 regarding the creation of a separate
congressional district for Mandaluyong.
Moreover, a liberal construction of the "one title-one subject" rule has been invariably adopted by this court so
as not to cripple or impede legislation. Thus, in Sumulong v. Comelec (73 Phil. 288 [1941]), we ruled that the
constitutional requirement as now expressed in Article VI, Section 26(1) "should be given a practical rather
than a technical construction. It should be sufficient compliance with such requirement if the title expresses
the general subject and all the provisions are germane to that general subject."
The liberal construction of the "one title-one subject" rule had been further elucidated in Lidasan v. Comelec
(21 SCRA 496 [1967]), to wit:
"Of course, the Constitution does not require Congress to employ in the title of an enactment, language of
such precision as to mirror, fully index or catalogue all the contents and the minute details therein. It suffices if
the title should serve the purpose of the constitutional demand that it inform the legislators, the persons
interested in the subject of the bill and the public, of the nature, scope and consequences of the proposed law
and its operation" (emphasis supplied).
Proceeding now to the other constitutional issues raised by petitioners to the effect that there is no mention in
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the assailed law of any census to show that Mandaluyong and San Juan had each attained the minimum
requirement of 250,000 inhabitants to justify their separation into two legislative districts, the same does not
suffice to strike down the validity of R.A. No. 7675. The said Act enjoys the presumption of having passed
through the regular congressional processes, including due consideration by the members of Congress of the
minimum requirements for the establishment of separate legislative districts. At any rate, it is not required that
all laws emanating from the legislature must contain all relevant data considered by Congress in the
enactment of said laws.
As to the contention that the assailed law violates the present limit on the number of representatives as set
forth in the Constitution, a reading of the applicable provision, Article VI, Section 5 (1), as aforequoted, shows
that the present limit of 250 members is not absolute. The Constitution clearly provides that the House of
Representatives shall be composed of not more than 250 members, "unless otherwise provided by law." The
inescapable import of the latter clause is that the present composition of Congress may be increased, if
Congress itself so mandates through a legislative enactment. Therefore, the increase in congressional
representation mandated by R.A. No. 7675 is not unconstitutional.
Thus, in the absence of proof that Mandaluyong and San Juan do not qualify to have separate legislative
districts, the assailed Section 49 of R.A. No. 7675 must be allowed to stand.
As to the contention that Section 49 of R.A. No. 7675 in effect preempts the right of Congress to reapportion
legislative districts, the said argument borders on the absurd since petitioners overlook the glaring fact that it
was Congress itself which drafted, deliberated upon and enacted the assailed law, including Section 49
thereof. Congress cannot possibly preempt itself on a right which pertains to itself.
Aside from the constitutional objections to R.A. No. 7675, petitioners present further arguments against the
validity thereof.
Petitioners contend that the people of San Juan should have been made to participate in the plebiscite on R.A.
No. 7675 as the same involved a change in their legislative district. The contention is bereft of merit since the
principal subject involved in the plebiscite was the conversion of Mandaluyong into a highly urbanized city.
The matter of separate district representation was only ancillary thereto. Thus, the inhabitants of San Juan
were properly excluded from the said plebiscite as they had nothing to do with the change of status of
neighboring Mandaluyong.
Similarly, petitioners' additional argument that the subject law has resulted in "gerrymandering," which is the
practice of creating legislative districts to favor a particular candidate or party, is not worthy of credence. As
correctly observed by the Solicitor General, it should be noted that Rep. Ronaldo Zamora, the author of the
assailed law, is the incumbent representative of the former San Juan/Mandaluyong district, having
consistently won in both localities. By dividing San Juan/Mandaluyong, Rep. Zamora's constituency has in
fact been diminished, which development could hardly be considered as favorable to him.
WHEREFORE, the petition is hereby DISMISSED for lack of merit.
SO ORDERED.
Narvasa, C.J., Padilla, Regalado, Davide, Jr., Romero, Bellosillo, Quiason, Puno, Vitug, Kapunan and
Mendoza, JJ., concur.
Feliciano, JJ., is on leave.
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