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Monday, April 28, 2008
Cordova in new district not legally feasible
CEBU CITY -- Citing several provisions of the Constitution, the House of Representatives Reference and Research Bureau pointed out legal obstacles to the proposed transfer of Cordova town to Cebu City's south district.
The bureau said each legislative district "shall comprise, as far as practicable, contiguous, compact and adjacent territory," as specified in Article 6 of the 1987 Constitution, which will be violated if Cordova is annexed to Cebu City.
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Creating another district in the south without Cordova might also not be possible because of the required population of 250,000 per district.
Based on the latest census, the district doesn't have that number yet. The south district has a population of 426,707, while the north district has 372,099 as of August 2007.
Cebu City South District Representative Antonio Cuenco said another option would be to re-district the city's 80 barangays and divide them into three districts so that each would meet the population requirement of 250,000.
"I really have no objection if Cordova is annexed to Cebu City because that is a brilliant idea. But then there is a legal problem there. There is a legal obstacle that prevents me from agreeing to the proposal," he said in a phone interview.
Cuenco said, though, that he will sit down with North District Representative Raul del Mar to discuss how they can create another district in the city.
For his part, Representative Eduardo Gullas (Cebu Province, first district) does not want to part with any of the cities and towns under his jurisdiction if the plan to add more legislative districts pushes through.
Cebu's lawmakers are talking about redistricting, which included the suggestion of dividing each of the existing six districts, after the 2007 census showed the province now counts 3.85 million people.
"I have no strong feelings either for or against the additional districts, but I am happy and comfortable with my district, and I think they (residents) are also happy with me," Gullas said in a mobile phone interview yesterday.
Mayor Tomas Osmeña earlier proposed to create a new district in Cebu City, and said he wants it to include the Municipality of Cordova, which at present belongs to the sixth district of the province. He said the more logical option would be to merge Cordova with the south district.
Alternatively, all of the city's coastal barangays could be lumped with Cordova to form another district.
In a phone interview yesterday, Osmeña challenged the requirement of contiguity, and asked why Olango Island is part of Lapu-Lapu City and Camotes Island is part of the Province's fifth district when they are not contiguous territories.
While the Local Government Code also requires a contiguous territory of at least 2,000 square kilometers when creating a province, the bureau pointed out that the same statute states that the "territory need not be contiguous if it comprises two or more islands or is separated by a chartered city that does not contribute to the income of the Province."
"Unfortunately, in the Constitution, there is no counterpart provision granting an exemption to legislative districts from complying with the territorial requirement of contiguity, being adjacent to or compactness," a document from the bureau read.
"We therefore conclude that the constitutional requirement that the territory of legislative districts be contiguous, compact and adjacent stands as a legal impediment to the proposed transfer of the Municipality of Cordova from the sixth district of the Province of Cebu to the second district of the City of Cebu," it said.
Osmeña disagreed, saying that with the technological advancements, the distance between islands is no longer a hindrance to development.
"To me that argument is yabag (skewed). Why are Camotes and Olango exempted, because the Province is made up of several islands? Cordova is only 500 meters across City Hall... That only shows that in Congress, exemption is the rule. The senators and congressmen make laws according to their whims and desires," he said.
As for the plans affecting his district, Gullas said he will not part with Sibonga. Under the initial proposal, it will be lumped with the second district, which then could be divided into two, with the resulting districts having a representative each.
"I will never part with Sibonga," the congressman said.
The first district is a contiguous stretch of three cities and three towns that span more than 50 kilometers, with Sibonga as the southernmost municipality.
Interviewed earlier, Rep. Pablo Garcia (Cebu Province, second district) said the second district can have another town so that it will then be eligible for two representatives. He did not insist on it, though, saying that dividing the second district is still doable with its present 15 towns.
It is not just Sibonga, however, that Gullas is concerned with.
He does not want to part with any of the cities of Talisay, Naga and Carcar and the towns of Minglanilla and San Fernando.
Months ago, he said, he spoke with the first district leaders, specifically the barangay captains, and mayors, vice-mayors and councilors, and they opposed the plan to break up the district.
"I always consult the leadership and I normally go along with them," he said. "But I'll keep an open mind and I would like to have the opinion of the rank-and-file as well."
The congressman intends to conduct a survey next month, and described his district as "very solid from tip to tip."
Gullas also said that the Cebu lawmakers have yet to find a venue to sit down and discuss the matter, as they could only talk about it informally during sessions. (LCR/JGA of Sun.Star Cebu)
For more Philippine news, visit Sun.Star Manila. (April 28, 2008 issue)
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