MANILA, Philippines - Sen. Benigno Aquino III questioned before the Supreme Court yesterday a new law creating a new congressional district in Camarines Sur.
In his petition, the Senate committee on local government chairman said the 176,383 population of the first congressional district, which presidential son Diosdado Arroyo represents, is way below the Constitution’s population requirement of 250,000.
At Malacañang, Press Secretary Cerge Remonde and Cabinet Secretary Silvestre Bello III said Aquino should respect the decision of Congress to pass the law.
Remonde said Aquino is free to do what he feels is best within the law.
“We in government always abide by the legal and democratic process,” he said.
“But I think that’s somehow distasteful because he’s still a member of Congress.
“He could be inviting judicial encroachment in the legislative process, which would give rise to questions re check and balance and the principle of co-equal branches of government. But it’s his right to do that.”
Bello said Aquino had the opportunity to question the bill while it was pending in the Senate.
“We hope that the intentions of Senator Noynoy are well motivated. He had opportunity to question this bill when it was in the Senate,” he said.
“I hope it will not be a precedent in the checks and balances issue between the judiciary and legislature.”
Aquino asked the Supreme Court to declare unconstitutional Republic Act 9716, An Act Reapportioning the Composition of the First and Second Legislative District in the Province of Camarines Sur.
It violates the principle of proportional representation as provided under the Constitution, he added.
Aquino said that the creation of a new district should not be merely based on the benefits it would give to lawmakers.
“It is not a question of whether or not the congressman would agree to the creation of a new legislative district. It is a question of whether or not it would translate to better representation for the people living in the said locality, given that the population of a particular locality has grown so much as to entitle it to a new legislative district,” read the petition.
“Congressional reapportionment is an issue of the people represented, not the representative.”
Aquino believes that the new law would favor Rep. Diosdado Arroyo and former lawmaker Rolando Andaya as the two would no longer have to run against each other because of the creation of a new congressional district.
He was joined by Naga City Mayor Jesse Robredo in filing the petition.
R.A. 9716 originated from House Bill 4264 filed by 2nd District Rep. Luis Villafuerte.
It was approved by the House of Representatives on June 11, 2008 and submitted to the Senate six days later.
During public hearings, Senator Joker Arroyo and Villafuerte argued that the Constitution did not provide any minimum population requirement for the creation of congressional districts within a province.
While the Constitution requires that cities must have at least 250,000 inhabitants to be entitled to a legislative district, there is no such requirement for provinces, they added.
The provinces of Batanes, Camiguiin, Siquijor among others have less than 250,000 inhabitants and yet have their own legislative districts, the two lawmakers said.
Before Arroyo, Andaya represented Camarines Sur’s first district in Congress.
Prior to the new law, the first district of Camarines Sur was composed of the towns of Del Gallego, Ragay, Lupi, Sipocot, Cabusao,
Libmanan, Minabalac, Pamplona, Pasacao and San Fernando, with a population of 417,300.
The second district was composed of the towns of Gainza, Milaor, Pili, Ocampo, Camaligan, Canaman, Magarao, Bombon,
Calabanga and Naga with a population of 474,899 in 2007.
Under R.A. 9716, the municipalities of Libmanan, Minabalac, Pamplona,
Pasacao and San Fernando in the first district of Camarines Sur were consolidated with the municipalities of Gainza and Milaor in the
second district to comprise a new district.
The municipalities of Del Gallego, Ragay, Lupi, Sipocot and Cabusao shall continue to be designated as the first legislative district.
The second district shall become the third district composed of Naga City and the municipalities of Pili, Ocampo, Camaigan, Magarao, Bombon and Calatianga.
R.A. 9716 was approved on Oct. 12 but was published on Oct. 15.
It is set to take effect 15 days after publication. – Edu Punay, Paolo Romero