Noynoy asks SC to stop gerrymandering in Dato's congressional district

PRESIDENTIAL hopeful senator Benigno "Noynoy" C. Aquino III is asking the Supreme Court (SC) to declare unconstitutional a law carving up a new district in the province of Camarines Sur which he said is meant to potentially accommodate administration lawmakers.
In a 33-page petition, Aquino along with Naga City Mayor Jesse Robredo said the law ,Rep. Act No. 9716, which creates a third district from the present First District and Second District of the province would potentially favor palace allies particularly presidential son Dato Arroyo.
Before Arroyo, now budget and management secretary Rolando Andaya was the First District representative. "Now this law would favor for them (Arroyo and Andaya)" Aquino explained to reporters adding that the extra congressional district would mean the two would not need to run against each other should they both run.
RA 9716 entitled "An Act Reapportioning the Composition of the First and Second Legislative District in the Province of Camarines Sur and thereby Creating A New Legislative District from such Reapportionment" Aquino insists in his suit "constitutes grave abuse of discretion" and "violates the principle of proportional representation."
In asking the high court to declare the said law void in its entirety for being unconstitutional Aquino reapportionment of the coverage of congressional districts should not be based on how the new areas would benefit incumbent and would-be lawmakers.
"It is not a question of whether or not the congressman would agree to the creation of a new legislative district. It is a question if whether or not it would translate to better representation for the people living in the said locality, given that the population of a a particular locality has grown so much as to entitle it a new legislative district." Aquino said.
The son of former senator Benigno Aquino Jr underscored that "congressional reapportionment is an issue of the people represented not the representative"
He cited that the population of the first district in the newly reapportioned province of Camarines Sur as provided in RA 9716 is only 176,383 or way below the 250,000 population requirement as provided for in the constitution, the law should be struck down for being unconstitutional.
Aquino also said that since the law entails the disbursement of government funds and "given that RA 9716 is patently unconstitutional. the expenditure of government funds to implement its terms is in violation of law and is an ultra vires act."
RA 9716 originated as House Bill 4264 filed by Rep. Luis Villafuerte and was approved by the House of Representatives on June 11,2008.It was submitted to the Senate on June 17, 2008.
During public hearings, Senator Joker Arroyo and Rep. Villafuerte argued that the Constitution did not provide any minimum population requirement for the creation of congressional districts within a province.
They added that while the Constitution requires that cities must have at least 250,000 inhabitants to be entitled to a legislative district there is no such requirement for provinces.
The provinces of Batanes,Camiguiin,Siquijor among others have less than 250,000 inhabitants yet have their own legislaitve districts.
Before Rep. Act 9716 the First District is composed of the towns of Del Gallego, Ragay,Lupi,Sipocot,Cabusao,Libmanan,Minabalac ,Pamplona,Pasacao and San Fernando with a population of 417,300 two years ago.
The second district is composed of the towns of Gainza,Milaor,Pili,Ocampo,Camaligan,Canaman,Magarao,Bombon,Calabanga and Naga with a combined population of 474,899 in 2007.
With the reapportionmen of the two districts , the first district will have a population of 176,383 while the second district will have a population of 276,777 according to Aquino.###