For Your Data Tobias Vs Abalos, G.R. No. L-114783 Example Brief Summary

 

Tobias vs Abalos, G.R. No. L-114783 case brief summary

December 8, 1994

Facts: Complainants, invoking their correct equally taxpayers as well as equally residents of Mandaluyong, filed a petition questioning the constitutionality of Republic Act No. 7675, otherwise known equally "An Act Converting the Municipality of Mandaluyong into a Highly Urbanized City to live on known equally the City of Mandaluyong." Before the enactment of the law, Mandaluyong as well as San Juan belonged to the same legislative district.

The petitioners contended that the human activeness is unconstitutional for violation of 3 provisions of the constitution. First, it violates the ane discipline ane nib rule. The nib provides for the conversion of Mandaluyong to HUC equally good equally the partition of congressional district of San Juan as well as Mandaluyong into 2 form district. Second, it too violate Section five of Article VI of the Constitution, which provides that the House of Representatives shall live on composed of non to a greater extent than than 2 hundred as well as 50 members, unless otherwise fixed past times law. The partition of San Juan as well as Mandaluyong into form congressional districts increased the members of the House of Representative beyond that provided past times the Constitution. Third, Section five of Article VI too provides that inside 3 years next the render of every census, the Congress shall brand a reapportionment of legislative districts based on the criterion provided inward Section 5. Petitioners stated that the partition was non made pursuant to whatever census showing that the minimum population requirement was attained.

Issue:

(1) Does RA 7675 violate the ane discipline ane nib rule?

(2) Does it violate Section 5(1) of Article VI of the Constitution on the confine of release of rep?

(3) Is the inexistence of advert of census inward the police pull exhibit a lack of constitutional requirement?

Rulings: The Supreme Court ruled that the contentions are devoid of merit. With regards to the origin disputation of ane discipline ane nib rule, the creation of a form congressional district for Mandaluyong is non a form as well as distinct discipline from its conversion into a HUC but is a natural as well as logical consequence. In addition, a liberal structure of the "one title-one subject" dominion has been invariably adopted past times this courtroom as well as then equally non to cripple or impede legislation.

The minute disputation that the police pull violates the introduce confine of the release of representatives, the provision of the department itself exhibit that the 250 confine is non absolute. The Constitution clearly provides that the House of Representatives shall live on composed of non to a greater extent than than 250 members, "unless otherwise provided past times law”. Therefore, the increment inward congressional representation mandated past times R.A. No. 7675 is non unconstitutional.

With regards, to the tertiary disputation that at that topographic point is no advert inward the assailed police pull of whatever census to exhibit that Mandaluyong as well as San Juan had each attained the minimum requirement of 250,000 inhabitants to justify their separation into 2 legislative districts, unless otherwise proved that the requirements were non met, the said Act enjoys the presumption of having passed through the regular congressional processes, including due consideration past times the members of Congress of the minimum requirements for the institution of form legislative district

The petition was dismissed for lack of merit.

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