Tobias vs. Abalos
Tobias vs. Abalos
Abalos
“Section 5 (1). The House of Representatives shall be composed of not
Invoking their rights as taxpayers and as residents of more than two hundred and fifty members, unless otherwise fixed by
Mandaluyong, herein petitioners assail the unconstitutionality law, who shall be elected from legislative districts apportioned among
of Republic Act No. 7675, otherwise known as “An Act the provinces, cities, and the Metropolitan Manila area in accordance
Converting the Municipality of Mandaluyong into a Highly with the number of their respective inhabitants, and on the basis of a
Urbanized City to be Known as the City of Mandaluyong.” Prior uniform and progressive ratio, and those who, as provided by law, shall
to the enactment of the assailed statute, the municipalities of be elected through a party list system of registered national, regional
Mandaluyong and San Juan belonged to only one legislative and sectoral parties or organizations. ” Section 5(4). Within three years
district. following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standard provided
in this section.”
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 2.Whether the assailed law has resulted in an increase in the
in the next national elections after the passage of this Act. The composition of the House of Representatives beyond that
remainder of the former legislative district of San provided in Article VI, Sec. 5 (1) And
Juan/Mandaluyong shall become the new legislative district of
San Juan with its first representative to be elected at the same 3.Whether the Section 49 has the effect of preempting the
election.” right of Congress to reapportion legislative districts
pursuant to Sec. 5 (4) as afforested.
Pursuant to the Local Government Code of 1991, a plebiscite
was held on April 10, 1994. The people of Mandaluyong were HELD: 1. a liberal construction of the “one title-one subject”
asked whether they approved of the conversion of the rule should be given a practical rather than a technical
Municipality of Mandaluyong into a highly urbanized city as construction. It should be sufficient compliance with such
provided under R.A. No. 7675. The turnout at the plebiscite was requirement if the title expresses the general subject and all the
only 14.41% of the voting population. Nevertheless, 18,621 provisions are germane to that general subject.” the title should
voted “yes” whereas 7,911 voted “no.” By virtue of these serve the purpose of the constitutional demand that it inform the
results, R.A. No. 7675 was deemed ratified and in effect. 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.
Issues:
2. Mandaluyong and San Juan had each attained the minimum
requirement of 250,000 inhabitants to justify their separation
1.Whether the provision of R.A. No. 7675 is that it into two legislative districts, the same does not suffice to strike
contravenes the “one subject-one bill” rule, according to Art
down the validity of R.A. No. 7675. the present limit of 250
VI Section 26 (1). Every bill passed by the Congress shall
members is not absolute. The Constitution clearly provides that
embrace only one subject which shall be expressed in the title
the House of Rep. shall be composed of not more than 250
thereof.”
members, “unless otherwise provided by law.”
3. San Juan should have been made to participate in the
two principal subjects, namely: (1) the conversion of plebiscite on R.A. No. 7675 as the same involved a change in
Mandaluyong into a highly urbanized city; and (2) the division their legislative district. The contention is bereft of merit since A
of the congressional district of San Whether the stated subject is plebiscite for creating a new province should include the
not germane to the subject matter of R.A. No. 7675 since the participation of the residents of the mother province for the
said law treats of the conversion of Mandaluyong into a highly plebiscite to conform to the constitutional requirements. (Tan vs.
urbanized city, as expressed in the title of the law. Therefore, Commission on Elections,) The inhabitants of San Juan, which
since Section Juan/Mandaluyong into two separate districts. And used to be part of the congressional district together with
treats of a subject distinct from that stated in the title of the law, Mandaluyong, were properly excluded from the plebiscite on the
the “one subject-one bill” rule has not been complied with. conversion of Mandaluyong into a highly urbanized city since
Petitioners’ second and third objections involve Article VI, the matter of separate district representation was only
Sections 5 (1) and (4) of the Constitution, which provide, to wit: ancillary thereto as they had nothing to do with the change of
status of neighboring Mandaluyong.