Bagabuyo vs COMELEC

Municipal Corporation – Plebiscite

Cagayan de Oro only had one legislative district before. In 2006, CdO congressman Jaraula sponsored a bill to have two legislative districts in CdO instead. The law was passed (RA 9371) hence two legislative districts were created. Bagabuyo assailed the validity of the said law and he went immediately to the Supreme Court. He was contending that the 2^nd district was created without a plebiscite which was required by the Constitution.

ISSUE: Whether or not a plebiscite was required in the case at bar.

HELD: No, a plebiscite is not required in the case at bar. RA 9371 merely increased the representation of Cagayan de Oro City in the House of Representatives and Sangguniang Panglungsod pursuant to Section 5, Article VI of the 1987 Constitution; the criteria established under Section 10, Article X of the 1987 Constitution only apply when there is a creation, division, merger, abolition or substantial alteration of boundaries of a province, city, municipality, or barangay; in this case, no such creation, division, merger, abolition or alteration of boundaries of a local government unit took place; and R.A. No. 9371 did not bring about any change in Cagayan de Oro’s territory, population and income classification; hence, no plebiscite is required.

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Read another version of this digest here (Reapportionment).