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8/4/2019 Tobias v. ABalos
http://slidepdf.com/reader/full/tobias-v-abalos 1/1
Section 5
Tobias v. Abalos
G.R. No. 114783, December 8, 2994
Ponente: J. Bidin
Facts
The petitioners, residents of Mandaluyong City petitioned
the legality of Republic Act 7675 “An Act converting the
Municipality of Mandaluyong into highly urbanized city.
Prior to the said amendment municipalities of San Juan and
Mandaluyong belong to one legislative district.
Petitioner Tobias assailed the constitutionality of the said
law invoking their rights to be consulted as part of San Juan
Municipality.
Petitioners argued that R.A. 7675 violates the minimum
requirements of establishing a legislative district with a
population of 250,000 and that the additional district will
violate the number of required congressmen as mandated
by the law which pegged at 250 congressmen or as maybe
provided by the law.
Petitioners also argued that the Act violated the one subject
title and that the insertion of adding a separate legislative
district under Section 49 of the said act is not germane to
the act which covert the municipality of mandaluyong to a
highly urbanized city.
ISSUE
WON additional district will violate the number of required
congressmen as mandated by the law which pegged at 250
congressmen
WON R.A. 7675 violates the minimum requirements of
establishing a legislative district with a population of
250,000
WON the Act violated the one subject title and that the
insertion of adding a separate legislative district under
Section 49 of the said act is not germane to the act which
covert the municipality of mandaluyong to a highly
urbanized city.
Held
On the first issue the court held no, it does not violate the
required number of congressmen which is pegged at 250
members. The present constitution clearly provides that
house of representatives maybe increased, if the congress
itself so mandates to legislative enactment
By the reason stated above, it will be absurd for the
congress to be pre-empted to fix the reapportionment and
just stunned itself to the minimum requirements. It was the
Congress itself which drafted, deliberated upon and enacted
the assailed law.
No, it does not violate the one-subject rule of the law as
mandated under Section 26 (1), Art VI of the constitution.
For the creation of a separate legislative district of
Mandaluyong is not a subject separate and distinct from the
subject of conversion of Mandaluyong into a highly
urbanized city, but it is a natural and a logical consequence
of its conversion.