ARMM Regional Assembly Cannot Create Provinces and Cities

The Regional Assembly of the ARMM passed Muslim Mindanao Autonomy (MMA) Act No. 201 creating the Province of Shariff Kabunsuan out of certain municipalities in the Province of Maguindanao. Would it be legal for regional or local legislative bodies to create or reapportion legislative districts for a national legislature like Congress?

SUGGESTED ANSWER:

No. The Supreme Court declared unconstitutional the grant to the Regional Assembly of the ARMM of the power to create provinces and cities by Congress under RA 9054. “Only Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts” and that “Congress exercises these powers through a law that the Congress itself enacts and not through a law that a regional or local legislative bodies enact.” An inferior legislative body, created by a superior legislative body, cannot change the membership of the superior legislative body.”(GR Nos. 177597 and 178628, Sema v. Comelec and Marquez v. Comelec, July 16, 2008)

Dissenting Opinion:

Justice Dante O. Tinga dissented, opining that there is nothing in the Constitution that bars Congress from delegating the power to create provinces and that “considering the constitutional mandate of local autonomy for Muslim Mindanao, it can be said that such delegation is in furtherance of the constitutional design.” He wrote that a law may later be passed by Congress to create a legislative district in the new province. He was joined by Justices Consuelo Ynares Santiago, Adolfo S. Azcuna, Minita V. Chico-Nazario, Teresita J. Leonardo-De Castro, and Arturo D. Brion.