G.R. No. 257427 , June 13, 2023
Florida P. Robes, Petitioner, vs. Commission on Elections, Respondent.

FACTS

The Municipality of San Jose Del Monte was converted into a component city of Bulacan by Republic Act (RA) No. 8797 in 2000, initially remaining part of the Fourth Congressional District. In 2003, RA No. 9230 amended this, providing that the City of San Jose del Monte “shall have its own representative district.” In 2021, RA No. 11546 reapportioned the Province of Bulacan into six legislative districts, enumerating their compositions. The law did not include the City of San Jose Del Monte in any of the six districts, leaving it as a lone legislative district. Pursuant to its delegated authority under RA No. 11546 , the Commission on Elections (COMELEC) issued Resolution No. 10707. Section 6 of this Resolution allocated two seats in the Sangguniang Panlalawigan for each of the six legislative districts and directed that qualified voters of the City of San Jose del Monte “shall continue to vote for Members of the Sangguniang Panlalawigan in the Fourth Legislative District.” Petitioner Florida P. Robes, a resident, taxpayer, registered voter, and incumbent representative of the lone district of San Jose Del Monte, requested the COMELEC to amend Section 6 to allocate two seats for her district, citing Section 41(b) of the Local Government Code. The COMELEC denied the request, reasoning that RA No. 9230 only created a lone district without reapportioning the entire province, that RA No. 11546 eliminated mention of the lone district, and that no law expressly granted the city separate provincial board representation. Robes filed a Petition for Mandamus to compel the COMELEC to amend its Resolution.

ISSUE

Is the lone legislative district of San Jose Del Monte entitled to its own representatives in the Sangguniang Panlalawigan of the Province of Bulacan?

RULING

Yes. The Supreme Court granted the Petition for Mandamus. The writ is a proper remedy as the COMELEC unlawfully neglected a duty enjoined by law by issuing a rule contrary to the clear mandate of Section 41(b) of the Local Government Code. This provision states that “each legislative district within a province shall have two (2) elective members in the sangguniang panlalawigan.” The Court held that the City of San Jose Del Monte is a legislative district within the Province of Bulacan by virtue of RA No. 9230 . The subsequent reapportionment law, RA No. 11546 , which created six districts from the province’s territory, did not repeal or abolish the lone district of San Jose Del Monte. A repeal by implication is not favored, and the two laws can be reconciled: RA No. 11546 governs the composition of the six districts from the province’s municipalities and component cities, while RA No. 9230 governs the separate representation of the City of San Jose Del Monte. Therefore, the province effectively has seven legislative districts. Since Section 41(b) of the Local Government Code grants each legislative district within a province two provincial board seats, the lone district of San Jose Del Monte is entitled to two seats in the Sangguniang Panlalawigan of Bulacan. The COMELEC’s Resolution No. 10707, by denying this allocation, contravened the law. The COMELEC was ordered to amend Section 6 of the Resolution to allocate two seats for the lone legislative district of San Jose Del Monte.