53. HERRERA VS.

COMELEC

EN BANC
HERMIE M. HERRERA, DONABELLA T. SORONGON, JULIO T. TAMAYOR,
EDELJULIO R. ROMERO, petitioners, v. THE COMMISSION ON
ELECTIONS, respondent.
G.R. No. 131499 | November 17, 1999
PURISIMA, J.

FACTS:

In its Resolution no. 68, the Sangguniang Panlalawigan of Guimaras requested the
COMELEC to have the province subdivided into two provincial districts. Acting upon
the request, the Provincial Election Supervisor conducted two consultative meetings
with the provincial and municipal officials, barangay captains, barangay kagawads,
representatives of all political parties, and other interested parties. A consensus was
reached in favor of the division as follows:

1. First District shall be composed of the Municipalities of Jordan

Buenavista and San Diego with three (3) Sangguniang Panlalawigan
Members, and

2. The Second District shall be composed of the Municipalities of Jordan,

Nueva Valencia and Sibunag with three (3) Sangguniang
Panlalawigan Members.

The Provincial Election Supervisor issued a Memorandum recommending the

division of the Province of Guimaras into two (2) provincial districts. The Bureau of
Local Government Finance of the Department of Finance issued Memorandum
Circular No. 97-1 reclassifying several provinces including the Province of Guimaras,
which was reclassified from fifth class to fourth class province which allotted eight (8)
Sangguniang Panlalawigan seats to the Province of Guimaras below:

Guimaras - 1st district (Buenavista and San Lorenzo)= 3 seats

- 2nd district (Jordan, Nueva Valencia, and Sibunag)= 5 seats.

The petitioners questioned Resolution No. 2950, pointing out that:

1. the districts do not comprise a compact, contiguous and adjacent area.
2. the consultative meetings did not express the true sentiment of the voters of
the province.
3. the apportionment of the two districts are not equitable.
4. there is disparity in the ratio of the number of voters that a Board Member
represents.

ISSUE:

Whether or not the COMELEC committed a grave abuse of discretion in issuing

Resolution No. 2950?
 53. HERRERA VS. COMELEC

RULING:

NO, COMELEC did not gravely abuse its discretion.

WHEREFORE, for lack of merit the petition under consideration is hereby

DISMISSED. No pronouncement as to costs. SO ORDERED.

RATIO:

1. The municipalities belonging to each district are compact, contiguous and

adjacent. Contiguous and adjacent means adjoining, nearby, abutting, having
a common border, connected, and/or touching along boundaries often for
considerable distances. On its face, the map of Guimaras shows that the
municipalities grouped together are contiguous or adjacent.

2. There were two consultative meetings held by the Office of the Provincial
Election Supervisor. As required by COMELEC Resoluiton No. 2313, all
interested parties were duly notified and represented.

3. Under Republic Act 6636, a 4th class province shall have 8 Sangguniang
Panlalawigan members. Also, under Republic Act 7166, provinces with 1
legislative district shall be divided into 2 districts for purposes of electing the
members of the Sangguniang Panlalawigan. The province of Guimaras, being
a 4th class province and having only 1 legislative district, shall have 8
Sangguniang Panlalawigan members and 2 districts.

4. Under Republic Act 7166 and COMELEC Resolution No. 2313, the basis for
division shall be the number of inhabitants of the province concerned not the
number of listed or registered voters. The districting of the Province of
Guimaras was based on the official 1995 Census of Population as certified by
the National Statistics Office.