By JON JOAQUIN
The Davao del Sur chapter of the Integrated Bar of the Philippines (IBP) has called on Congress to amend the law that created the new province of Davao Occidental in order to retain the former’s congressional representation.
Davao del Sur used to have two congressional districts, but this was reduced to one when
Davao Occidental was carved out of it by virtue of Republic Act (RA) 10360 approved by President Benigno Aquino on January 14, 2013 and ratified by the residents of Davao del Sur in a plebiscite on October 28, 2013.
The new province is composed of the five municipalities of Santa Maria, Malita, Don Marcelino, Jose Abas Santos, and Sarangani which comprise one congressional district.
This left Davao del Sur with a lone congressional district composed of Digos City and the nine municipalities of Malalag, Sulop, Kibalawan, Padada, Hagonoy, Santa Cruz, Matanao, Bansalan, and Magsaysay.
In a position paper, IBP Davao del Sur chapter president Israelito Torreon said based on the 2010 population census of the National Statistics Office (NSO), the creation of Davao Occidental left Davao del Sur with a remaining population of 574,910.
Torreon said with this number, the creation of Davao Occidental “should not have disturbed the appointment of the legislative districts of Davao del Sur” reducing it to a lone district.
“Under the relevant provisions of the Constitution and the Local Government Code… when the population of a province has reached more than 250,000, it may be entitled to an additional legislative district,” Torreon said.
Citing a Supreme Court decision on the case of the province of Camarines Sur which was reappointed from four to five legislative districts in 2010, Torreon said there is “no need for a province to increase its population by another 250,000 to be entitled to another additional legislative district.”
He said this means a province with a population of 400,000 “can be entitled to two legislative districts.”
He also pointed out that with a population of 574,910, Davao del Sur is actually entitled to three legislative districts.
“To reduce the legislative district of the Province of Davao del Sur into one would result in unfairness in representation. It is quite usual for Congress to reapportion legislative districts in the province by increasing it. Here, however, the passage of RA 10360… peculiarly reduced the legislative district,” he added.
“It is respectfully requested that Congress… make the necessary amendments to RA 10360 to preserve the district representation of the Province of Davao del Sur in two,” Torreon said.
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