ALDABA v.

COMELEC
G.R. No. 188078, January 25, 2010
Carpio, J:

An original action for Prohibition to declare R.A. 9591 unconstitutional, creating a legislative
district for the city of Malolos, Bulacan, for violating the minimum population requirement for the
creation of a legislative district in a city.

FACTS
R.A. 9591 amending Malolos City Charter creating a separate legislative district for the
city.
At the time the legislative bills for R.A. 9591 were filed in Congress, the population of Malolos
City was 223, 069. It only relied on an undated certification issued by a Regional Director of
the National Statistics Office (NSO) that the projected population of the Municipality of
Malolos will be 254, 030 by the year 2010 using the population growth rate of 3.78%
between 1995 to 2000.
Petitioners: R.A. 9591 is unconstitutional for failing to meet the minimum population threshold
of 250,000 for a city to merit representation in Congress as provided under Section 5 (3),
Article VI of the 1987 Constitution and Section 3 of the Ordinance appended to the 1987
Constitution
ISSUE
W/N R.A. 9591 is unconstitutional
HELD/RATIO
R.A. 9591 is UNCONSTITUTIONAL
1987 Constitution requires that for a city to have a legislative district, the city must have a
population of at least 250,000
The certification of Regional Director Alberto N. Miranda (Miranda) of Region III of NSO is
based on demographic projections and without legal effect because Miranda has no basis
and no authority to issue the Certification. Certifications on demographic projections can be
issued
o only if such projections are declared official by the National Statistics
Coordination Board (NSCB)
o only by the NSO Administrator or his designated certifying officer
 o intercensal population projections must be as of the middle of every year
Based on a growth rate of 3.78%, the population of Malolos will grow to only 248,365 as of
August 1, 2007. Even if the growth rate is compounded yearly, the population of Malolos of
223,069 as of August 1, 2007 will grow to only 249,333 as of August 1, 2010.

Petition granted.