G.R. No. 177597 & G.R. No. 178628 July 16, 2008
BAI SANDRA S. A. SEMA, Petitioner, vs. COMMISSION ON ELECTIONS and DIDAGEN P. DILANGALEN, Respondents. x – – – – – – – – – – – – – – – – – – – – – – -x G.R. No. 178628 PERFECTO F. MARQUEZ, Petitioner, vs. COMMISSION ON ELECTIONS, Respondent.

FACTS

The Autonomous Region in Muslim Mindanao (ARMM) Regional Assembly enacted Muslim Mindanao Autonomy Act No. 201 , creating the Province of Shariff Kabunsuan from municipalities within the first legislative district of Maguindanao. Cotabato City, while part of that first legislative district for congressional representation, is geographically outside the ARMM and the Province of Maguindanao. Following the creation of Shariff Kabunsuan, the COMELEC issued Resolution No. 7902, which treated Cotabato City as part of the legislative district of the new province for electoral purposes.
Petitioner Sema, a candidate for Representative of “Shariff Kabunsuan with Cotabato City,” challenged this resolution. She argued that the creation of Shariff Kabunsuan entitled it to its own separate legislative district, thereby excluding Cotabato City, and that the COMELEC usurped congressional power by effectively reapportioning districts. The COMELEC defended its action as an administrative measure to maintain the status quo pending congressional action.

ISSUE

The core issue is whether the ARMM Regional Assembly, in creating the Province of Shariff Kabunsuan, could also create a legislative district for the House of Representatives, and consequently, whether the COMELEC acted without jurisdiction in issuing Resolution No. 7902.

RULING

The Supreme Court granted the petitions and nullified COMELEC Resolution No. 7902. The Court held that the ARMM Regional Assembly’s power to create provinces under its organic act, R.A. No. 9054 , does not include the power to create legislative districts for the national Congress. The power to create or reapportion legislative districts is exclusively vested in Congress under Section 5, Article VI of the Constitution . This power is legislative and national in character, and cannot be delegated to a regional body.
The creation of Shariff Kabunsuan did not automatically create a new congressional district. Consequently, the pre-existing first legislative district of Maguindanao, as defined by the ordinance appended to the Constitution, remained legally operative. This district continued to be composed of its original territory, which included Cotabato City. Therefore, the COMELEC acted without jurisdiction when it issued Resolution No. 7902, as it effectively altered the composition of a legislative district—a power reserved solely to Congress. The COMELEC’s role is to enforce laws on apportionment, not to legislate or modify them.