Mariano, Jr. vs. COMELEC G.R. No. 118577, March 7, 1995

Facts: Two petitions are filed assailing certain provisions of RA 7854, An Act Converting The Municipality of Makati Into a Highly Urbanized City to be known as the City of Makati, as unconstitutional.

Section 52 of RA 7854 is said to be unconstitutional for it increased the legislative district of Makati only by special law in violation of Art. VI, Sec. 5(4) requiring a general reapportionment law to be passed by Congress within 3 years following the return of every census. Also, the addition of another legislative district in Makati is not in accord with Sec. 5(3), Art. VI of the Constitution for as of the 1990 census, the population of Makati stands at only 450,000.


Issue: Whether or not the addition of another legislative district in Makati is unconstitutional


Held: Reapportionment of legislative districts may be made through a special law, such as in the charter of a new city. The Constitution clearly provides that Congress shall be composed of not more than 250 members, unless otherwise fixed by law. As thus worded, the Constitution did not preclude Congress from increasing its membership by passing a law, other than a general reapportionment law. This is exactly what was done by Congress in enacting RA 7854 and providing for an increase in Makati’s legislative district. Moreover, to hold that reapportionment can only be made through a general apportionment law, with a review of all the legislative districts allotted to each local government unit nationwide, would create an inequitable situation where a new city or province created by Congress will be denied legislative representation for an indeterminate period of time. The intolerable situations will deprive the people of a new city or province a particle of their sovereignty.

Petitioner cannot insist that the addition of another legislative district in Makati is not in accord with Sec. 5(3), Art. VI of the Constitution for as of the 1990 census, the population of Makati stands at only 450,000. Said section provides that a city with a population of at least 250,000 shall have at least one representative. Even granting that the population of Makati as of the 1990 census stood at 450,000, its legislative district may still be increased since it has met the minimum population requirement of 250,000.