Macias v. Comelec (G.R. No. 188078)

 

Macias v. Comelec (G.R. No. 188078) September 14, 1961

 

FACTS: Petitioners are 4 members of the House of Representatives from Negros Oriental, Misamis Oriental and Bulacan & the provincial Governor of Negros Oriental. They are requesting that the respondent officials be prevented to implement RA 3040, an act that apportions representative districts in the country. They alleged that their respective provinces were discriminated because they were given less representation. Furthermore, they allege that RA 3040 is unconstitutional and void because:

1. It was passed without printed final copies which must be furnished to the members of the HOR at least 3 calendar days prior to passage

2. It was approved more than 3 years after the return of the last census of the population

3. It apportioned districts without regard to the number of inhabitants of the several provinces.

 

Respondents Comelec and Vicente Gella (National Treasurer) contend that they

1. were merely complying with their duties under the statute which they presume and allege to be constitutional

2. petitioners have no personality to bring such action

 

ISSUES:

1. Whether or not the petitioners have the personality to bring such action.

The petitioners as voters and as congressmen and governor of the aggrieved provinces have the personality to sue.

2. Whether or not the act conformed to the printed form and 3 day requirement.

The passage of the act did not conform to the printed-form and the 3 day requirement, and that there is no certificate of urgency from the President was received by the HO.

The printed-form, three-day requirement. — The Constitution provides that "no bill shall be passed by either House unless it shall have been printed and copies thereof in its final form furnished its Members at least three calendar days prior to its passage, except when the President shall have certified to the necessity of its immediate enactment."

3. Whether or not the act of apportionment is within the 3 year requirement.

The requirement that the apportionment must be done within 3 year following the last census is complied with.

4. Whether or not the apportionment of members of the HOR is valid.

The apportionment of members of the HOR is not valid because it is not based on the number of inhabitants a province has. Some provinces were given more representation despite the inferior in number of inhabitants. The Court held that RA 3040 infringed the provisions of the Constitution and is therefore void.

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