8/4/2019 Tobias v. ABalos

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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.