Case Digest: Senator Aquino III & Robredo v. COMELEC, et al. (Justice Carpio's Dissenting Opinion)
G.R. No. 189793 : April 7, 2010
SENATOR BENIGNO SIMEON C. AQUINO III and MAYOR JESSE ROBREDO, Petitioners, v. COMMISSION ON ELECTIONS represented by its Chairman JOSE A.R. MELO and its Commissioners, RENE V. SARMIENTO, NICODEMO T. FERRER, LUCENITO N. TAGLE, ARMANDO VELASCO, ELIAS R. YUSOPH AND GREGORIO LARRAZABAL, Respondents.
DISSENTING OPINION
CARPIO,J.:
The assailed Republic Act No. 9716 (RA 9716) is unconstitutional for being utterly repugnant to the clear and precise "standards" prescribed in Section 5, Article VI of the 1987 Constitution for the creation of legislative districts. Section 5(4)of Article VI mandates that "Congress shall make a reapportionment of legislative districts based on the standards" fixed in Section 5. These constitutional standards, as far as population is concerned, are:
SENATOR BENIGNO SIMEON C. AQUINO III and MAYOR JESSE ROBREDO, Petitioners, v. COMMISSION ON ELECTIONS represented by its Chairman JOSE A.R. MELO and its Commissioners, RENE V. SARMIENTO, NICODEMO T. FERRER, LUCENITO N. TAGLE, ARMANDO VELASCO, ELIAS R. YUSOPH AND GREGORIO LARRAZABAL, Respondents.
DISSENTING OPINION
CARPIO,J.:
The assailed Republic Act No. 9716 (RA 9716) is unconstitutional for being utterly repugnant to the clear and precise "standards" prescribed in Section 5, Article VI of the 1987 Constitution for the creation of legislative districts. Section 5(4)of Article VI mandates that "Congress shall make a reapportionment of legislative districts based on the standards" fixed in Section 5. These constitutional standards, as far as population is concerned, are:
(1) proportional representation;
(2) minimum population of 250,000 per legislative district;
(3) progressive ratio in the increase of legislative districts as the population base increases; and
(4) uniformity in apportionment of legislative districts "in provinces, cities, and the Metropolitan Manila area."
The assailed RA 9716 grossly violates these constitutional standards.
