G.R. No. 188078 , March 15, 2010
VICTORINO B. ALDABA, CARLO JOLETTE S. FAJARDO, JULIO G. MORADA, and MINERVA ALDABA MORADA, Petitioners, vs. COMMISSION ON ELECTIONS, Respondent.

FACTS

Petitioners challenged the constitutionality of Republic Act No. 9591 (RA 9591), which created a legislative district for Malolos City. The Commission on Elections (COMELEC) filed a motion for reconsideration of the Court’s Decision dated January 25, 2010. The COMELEC argued that Congress’s reliance on population indicators, including a Certification from Alberto N. Miranda of the NSO projecting Malolos City’s 2010 population and other sources like a 2007 Census Progress Enumeration Report and certifications from the Malolos City Water District and the Liga ng Barangay, raised non-justiciable political questions. The COMELEC extended this non-justiciability argument to all these materials.

ISSUE

The primary issue is whether the Court can exercise judicial review over the constitutionality of RA 9591, specifically examining the reliability and authoritativeness of the population indicators Congress used to justify the creation of the legislative district, in light of the constitutional requirement under Section 5(3), Article VI that a city must have at least 250,000 inhabitants to be entitled to a representative in Congress.

RULING

The Court DENIED the COMELEC’s motion for reconsideration.
1. On Justiciability: The Court held that the constitutionality of laws creating legislative districts is within the scope of judicial review. The Court must inquire into subsidiary questions, such as compliance with specific constitutional limitations like the population requirement, to determine if there has been a grave abuse of discretion. To declare such matters non-justiciable would render the constitutional limitation meaningless and reduce the Court to a rubber stamp.
2. On Population Indicators: The Court found all population indicators cited by Congress to be unreliable and non-authoritative under Executive Order No. 135 (EO 135).
* Miranda’s Certification: It failed EO 135’s requirements: it was not based on demographic projections declared official by the National Statistical Coordination Board (NSCB); it was not for an intercensal year’s midpoint; and Miranda was not the designated certifying officer. Using Miranda’s own growth rate, the projected 2010 population would be below 250,000.
* 2007 Census Progress Enumeration Report: This contained preliminary data later adjusted in the official 2007 Census, which showed a population of 223,069. The Court rejected the claim of data “sloping” and upheld the presumption of regularity in the NSO’s performance.
* Malolos City Water District Certification: EO 135 excludes certifications from public utilities gathered incidentally in their business, as they lack the scientific authority of the NSO.
* Liga ng Barangay Certification: This entity is not authorized to conduct a population census under EO 135, which only allows local government units to do so with prior NSCB approval and under NSO technical supervision.
The Court emphasized that EO 135’s stringent standards ensure reliable population data, which is crucial for legislative functions like district creation. Congress itself mandates exclusive use of NSO certifications for proving population in the creation of local government units.
3. On Compliance with Constitutional Requirements: The Court reiterated that Malolos City is entitled to a representative only if its population increases to more than 250,000 before the election, per the Ordinance appended to the Constitution. The COMELEC neither alleged nor proved such compliance.
4. On Contiguity and Compactness: The Court also found that RA 9591 violated the constitutional requirement for legislative districts to comprise, as far as practicable, contiguous, compact, and adjacent territory. Creating a district for Malolos City isolated the municipality of Bulacan from the rest of the former First Legislative District. A practicable alternative to meet constitutional requirements would have been to include Bulacan in Malolos City’s district.