Tobias Vs Tabalos Case Digest

Myla Sara

Ruth

N.

Tobias vs. Tabalos FACTS: Mandaluyong and San Juan were one legislative district until the passage of the RA 7675 with title An Act Converting the Municipality of Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong." Same bill is now in question at to its constitutionality by the petitioners by invoking their right as tax payers and residents of Mandaluyong. A plebiscite was held and majority of the people voted for the conversion of Mandaluyong to a highly urbanized city ratifying RA 7675 and making it in effect. Petitioners objected to such conversion and contended that the division of San Juan and Mandaluyong resulted in an increase in the composition of the House of Representatives beyond that provided in Art. 6 Sec. 5 of the Constitution. ISSUE: W/N RA 7675 is in: 1. Violation of Article VI, Section 26(1) of the Constitution regarding 'one subject one bill rule". 2. Violation of Article VI, Sections 5(1) and (4) as to the number of members of the Congress to 250 and reappropriating the legislative districts.

HELD: Applying liberal construction the Supreme Court dismissed the contention of constitutionality pertaining to Art VI 26(1) saying "should be given a practical rather than a technical construction. It should be sufficient compliance with such requirement if the title expresses the general subject and all the provisions are

germane

to

that

general

subject."

As to Article VI Sec 5(1), the clause "unless otherwise provided by law" was enforced justifying the act of the legislature to increase the number of the members of the congress. The present limit of 250 members is not absolute. The Constitution clearly provides that HR shall be composed of more than 250 members, “unless otherwise provided by law”. Thus, the present composition of Congress may be increased, if Congress itself so mandates through a legislative enactment. Wherefore, petition is dismissed.