Conclusion
On July 16, 2008 the Supreme Court of the Philippines's 33-page judgment (8-6) penned by Antonio Carpio annulled "Muslim Mindanao Autonomy Act 201", which created Shariff Kabunsuan (carved out of Maguindanao, Autonomous Region in Muslim Mindanao). Justice Antonio Carpio opined: "We rule that (1) Section 19, Article VI of RA 9054 is unconstitutional insofar as it grants to the ARMM Regional Assembly the power to create provinces and cities; (2) MMA Act 201 creating the Province of Shariff Kabunsuan is void; and (3) COMELEC Resolution No. 7902 is valid."
Carpio stressed that “only Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts. Creation of province or a city inherently involves the power to create a legislative district. The Constitution mandates that a province or a city with at least 250,000 inhabitants is entitled to at least one representative."
The Court also declared unconstitutional the RLA’s power to create provinces and cities in the region but it did not pass upon the constitutionality of the creation of new municipalities and barangays. Under Republic Act No. 9140 or the Expanded ARMM Law, the RLA has the power to create new LGUs and to set its own criteria in creating, dividing, merging, or abolishing LGUs.
Carpio further ruled that "in the present 14th Congress, there are 219 district representatives out of the maximum 250 seats in the House of Representatives. Since party-list members shall constitute 20 percent of total membership of the House, there should at least be 50 party-list seats available in every election in case 50 party-list candidates are proclaimed winners. This leaves only 200 seats for district representatives, much less than the 219 incumbent district representatives. Thus, there is a need now for Congress to increase by law the allowable membership of the House, even before Congress can create new provinces."
Read more about this topic: Sema V. COMELEC
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