Banas-nograles Case

Bañas-Nograles et.al vs. COMELEC FACTS: This is a Petition for Review under Rule 64 of the Rules of Court assailing COMELEC Resolution No. 10524 dated April 11, 2019. On March 11, 2019, President Duterte signed into law RA 11243. Under said law, the 1 st District was reapportioned, thereby creating the lone legislative district of General Santos City. Under Sec. 1 of said law, it states that the creation “was to commence in the next national and local elections after the effectivity of the Act.” Consequently, it took effect on April 4, 2019 – just over a month before the 2019 general elections. Thereafter, COMELEC was mandated to issue the necessary rules and regulations to implement the law. On April 11, 2019, COMELEC issued the assailed Resolution, the pertinent portions of which read: Sec. 3 Xxx a) SUSPENDS the election of the Representatives for the 1st legislative District, including General Santos City, xxx scheduled on May 13, 2019. In case the position for Member, House of Representatives in the 1st legislative District xxx is voted upon in the xxx elections, all votes for the said position shall be considered stray; and b) SETS the first regular election for the new Representatives of the 1st and 3rd legislative Districts of the Province of South Cotabato, within six months from May 13, 2019.

Sec. 4 Incumbent Representative – The incumbent Representatives of the 1st and 2nd Legislative Districts of the Province of South Cotabato shall continue to represent the legislative districts until noon of June 30, 2019. Petitioners contest the validity of the assailed Resolution for violating RA 7166 which states that the elections for elective members of the House of Representatives shall be on the second Monday of May, every three years. Petitioners also averred that scheduling the first regular election “within six months from May 13, 2019” violated RA 11243 because the said law intended the reapportionment to commence in the next national and local elections after the effectivity of the Act, or on the second Monday of May 2022 – not May 13, 2019. Petitioners also questioned COMELEC’s directive to allow the 1st District’s incumbent representative to continue in a holdover capacity because it would be extending his term of office for another three years without being elected by the people. ISSUES:

I. II.

Whether or not the assailed resolution and its pertinent portions are valid When Congress intended R.A. No. 11243 to be implemented

RULING: The court finds the petition meritorious. As to the first issue, the Court referred to Sections 7 and 8, Art. VI of the 1987 Constitution, which provide: Sec. 7 The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their elections. No Member of the House of Representatives shall serve for more than three consecutive terms. Xxx Sec. 8 Unless otherwise provided by law, the regular election of the xxx Members of the House of Representatives shall be held on the second Monday of May.

The Constitution is clear. The term “unless otherwise provided by law” contemplates two situations: (1) when the law specifically states when the elections should be held on a date other than the second Monday of May; and (2) when the law delegates the setting of the date of the elections to COMELEC. RA 11243 did not specifically provide for a different date. Neither did it delegate unto COMELEC the setting of a different date. The issue lies in ascertaining when Congress intended RA 11243 to be implemented. The law was passed with the view of implementing the reapportionment of the 1 st Legislative District of the Province of South Cotabato at the most feasible and practicable time, i.e., during the next elections on the second Monday of May 2022. Congress could not have intended to enforce the said law during the 2019 general elections as the election period had already begun when RA 11243 was enacted. To require implementation last May 13, 2019 would lead COMELEC to act precipitously. If we were to follow COMELEC’s interpretation, an incongruity would result as the winning candidate in COMELEC’s special elections would serve a term less than that provided in Sec. 7 of the Constitution. The elections for the 1st Legislative District of the Province of South Cotabato should not have been suspended and the candidate obtaining the most number of votes for the said position must be proclaimed. WHEREFORE, petition is granted and the COMELEC Resolution No. 10524 is declared NULL and VOID.