TOBIAS VS ABALOS, GR NO. 114783, December 8, 1994
FACTS
Petitioners assail the constitutionality of RA 7675, “An Act Converting the municipality of
Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong”.
Prior to the enactment of the assailed statute, the Munnicipalities of Mandaluyong and
San Juan belonged to only one legislative district. Hon. Ronaldo Zamora, the incumbent
congressional representative of this legislative district, sponsored the bill which
eventually became RA 7675, President Ramis signed it into law.
Pursuant to Local Government Code of 1991, a plebiscite was held. The people of
Mandaluyong were asked whether they approved the conversion. The turnout at the
plebiscite was only 14.41% of the voting population. Nevertheless, 18,621 voted “yes”
whereas 7, 911 voted “no”. By virtue of these results, RA 7675 was deemed ratified in
effect.
Petitioners contention were that RA 7675, specifically Article VIII, Section 46 thereof, is
unconstitutional. They alleged that it contravenes the “one subject – one bill” rule. They
also alleged that the subject law embraced two principal subjects, namely: 1. the
conversion of Mandaluyong into a highly urbanized city; and 2. the division of the
congressional district of San Juan/Mandaluyong into two separate districts.
Petitioners argue that the division has resulted in an increase in the composition of the
House of Representative beyond that provided in the Constitution. Furthermore,
petitioners contend that said division was not made pursuant to any census showing
that the subject municipalities have attained the minimum population requirements.
ISSUE
1. Whether or not RA 7675 is unconstitutional.
2. Whether or not the number of the members of the House of Representative may
increase.
3. Whether or not the subject law has resulted in gerrymandering.
HELD
1. No. The conversion of Mandaluyong into a highly urbanized city with a
population of not less than 250, 000 indubitably ordains compliance with the
“one city – one representative” as provided in Article VI, Section 5, par.3 of the
Constitution.
The creation of separate congressional district for Mandaluyong is not a subject
separate and distinct from the subject of its conversion into a highly urbanized city but is
a natural ang logical consequence of its conversion into a highly urbanized city. It
should be given a practical rather than a technical construction. It should be sufficient
compliance with such requirement if the title expresses the general subject and all
provisions are germane to that general subject. It suffices if the title should serve the
purpose of the constitutional demand that it inform the legislators, the persons
interested in the subject of the bill and the public, of the nature, scope and
consequence of the proposed law and its operation.

Yes. The Constitution clearly provides that the House of Representatives shall be
composed of not more than 250 members, unless otherwise provided by law. The
present composition of the Congress may be increased, if Congress itself so
mandates through a legislative enactment.
No. Gerrymandering is the practice of creating legislative districts to favor a
particular candidate or party. It should be noted that Rep. Zamora, the author of
the assailed law, is the incumbent representative of the former San
Juan/Mandaluyong district, having consistently won in both localities. By dividing
San Juan/Mandaluyong, Rep. Zamora’s constituency has in fact been
diminished, which development could hardly be considered as favorable to him.
Petition dismissed.

Montejo vs. COMELEC
GR 118702, 242 SCRA 415 [Mar 16, 1995]
Biliran was originally a municipality of the 3rd District of the province of Leyte. It was later
converted into a sub-province then a regular province. COMELEC sought to remedy
the consequent inequality of the distribution of inhabitants, voters and municipalities in
the province of Leyte by promulgating Resolution No. 2736 where it transferred (in Sec 1
thereof) the municipality of Capoocan of its 2nd District and Palompon of its 4th District
to its 3rd District. Cong. Montejo of the 1st District of Leyte sought to annul said Sec of
Res. No. 2736 on the ground that it violates the principle of equality of representation.
To remedy the alleged inequity, he prays to transfer the municipality of Tolosa from his
district to the 2nd District of the province.
Issue:
May the Court transfer the Municipality of Tolosa of the 1st District to the 2nd District of
Leyte as prayed for?
Held:
No. The court held Sec 1 of Resolution No. 2736 void and conceded that the conversion
of Biliran to a regular province brought about an imbalance in the distribution of voters
in the legislative districts and, as such, could devalue a citizen’s vote in violation of the
equal protection clause of the Constitution. However, what is prayed for involves an
issue of reapportionment of legislative districts and remedy for such lies with Congress in
accordance to Art VI, Sec 5(4). While this Court can strike down an unconstitutional
reapportionment, it cannot itself make the reapportionment as Montejo would want
the Court to do by directing COMELEC to transfer Tolosa from the 1st District to the 2nd
District. Transferring a municipality from one district to another is a substantive (not
minor) change.