House of Representatives: District Representatives and Questions of Apportionment

1. District Representatives:

The House of Representatives is one of the two chambers of the Congress of the Philippines, and it consists of district representatives and party-list representatives. The primary function of the House of Representatives is to enact laws. The Philippine Constitution, specifically in Article VI, Section 5, outlines the structure, qualifications, and apportionment of the House of Representatives.

Composition of the House of Representatives:

The House of Representatives is composed of members elected from legislative districts across the country and party-list representatives.
Legislative districts are created based on geographical, population, and administrative considerations.
Party-list representatives are elected to represent marginalized and underrepresented sectors of society.

District Representatives:

District representatives are elected by voters from legislative districts. Each district elects one representative.
The district representative serves a term of three years, with a limit of three consecutive terms.
The qualifications for a district representative are provided in Article VI, Section 6 of the 1987 Constitution, and they include:
- A natural-born citizen of the Philippines.
- At least 25 years of age on the day of the election.
- Able to read and write.
- A registered voter in the district in which the candidate is running.
- A resident of the legislative district for not less than one year immediately preceding the election.

2. Apportionment of Legislative Districts:

Apportionment is the division or allocation of legislative districts based on specific criteria, such as population size, geography, and administrative convenience. The apportionment process determines the number of districts and their boundaries, which in turn affects the number of district representatives in the House.

Constitutional Basis for Apportionment:

Article VI, Section 5 (1) of the 1987 Constitution provides that the House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law.
Article VI, Section 5 (3) provides that Congress shall make a reapportionment of legislative districts within three years following the return of every census.

Criteria for Apportionment:

Population Size: The primary basis for creating legislative districts is the population size. The Constitution mandates that each legislative district shall have approximately equal numbers of inhabitants, ensuring that representation in the House of Representatives is proportionate to population distribution. This principle is often referred to as the "one-person, one-vote" rule, which aims to avoid malapportionment.
Territorial Integrity: The Constitution also emphasizes that the legislative districts must respect the integrity of existing political subdivisions, such as provinces, cities, and municipalities. A district should be contiguous, compact, and adjacent, adhering to natural geographic boundaries and administrative divisions.
Practicability and Administrative Convenience: In apportioning districts, Congress may also consider administrative convenience and the need for practicability in governance. However, population remains the overriding criterion.

Key Constitutional Provisions:

Equal Representation: The Constitution seeks to achieve equal representation by requiring that legislative districts have a relatively uniform population size. This principle aims to ensure that all Filipinos are equally represented in the House of Representatives, regardless of their geographical location.
Apportionment After Census: Congress is mandated to undertake reapportionment following the return of every national census, which occurs every ten years. This ensures that representation remains proportionate to population shifts and demographic changes. However, reapportionment is often delayed due to political considerations or legislative inaction.

3. Issues and Challenges in Apportionment:

Gerrymandering:

Gerrymandering refers to the manipulation of legislative district boundaries to favor a particular political party or candidate. This practice undermines the principle of equal representation and often leads to disproportionate influence for certain regions or political groups.
In the Philippines, there have been instances of gerrymandering, particularly in cases where new legislative districts are created for political convenience rather than based on population size. This is a contentious issue, as it compromises the democratic process by giving certain regions or politicians an unfair advantage.

Malapportionment:

Malapportionment occurs when legislative districts have unequal population sizes, leading to an imbalance in representation. Districts with smaller populations may have disproportionately higher representation in the House, while more populous districts may be underrepresented.
Malapportionment can occur due to delays in reapportionment, failure to account for rapid population growth in certain areas, or political considerations that prevent the proper realignment of district boundaries.

Delayed Reapportionment:

One of the major issues in apportionment is the delay in reapportionment. Although the Constitution mandates reapportionment after every census, Congress has often failed to promptly adjust district boundaries. This has led to outdated districts that do not accurately reflect current population distribution.
Delayed reapportionment results in malapportionment, which weakens the representational integrity of the House of Representatives.

Apportionment and Creation of New Legislative Districts:

Congress has the authority to create new legislative districts, especially in areas that experience significant population growth or changes in administrative status (e.g., cities that are converted from municipalities).
The creation of new districts is governed by Republic Act No. 7160 (Local Government Code) and relevant laws that ensure administrative feasibility, population size, and political considerations.
The creation of new districts should follow the constitutional mandate for equal representation and respect for political subdivisions.

4. Judicial Review of Apportionment:

The Supreme Court of the Philippines has the power to review the constitutionality of apportionment laws and the creation of legislative districts. Judicial review ensures that apportionment adheres to the principles of equal representation, population size, and territorial integrity.

Relevant Cases:

Mariano vs. COMELEC (G.R. No. 118577, 1995): In this case, the Supreme Court ruled on the creation of new legislative districts, emphasizing the need for compliance with the constitutional mandate on population size and political subdivision integrity.
Bagabuyo vs. COMELEC (G.R. No. 176970, 2007): This case involved the constitutionality of the creation of a new legislative district. The Supreme Court ruled that the creation of legislative districts must conform to the requirements of equal representation and respect for political subdivisions.

5. Conclusion:

The apportionment of legislative districts in the House of Representatives plays a critical role in ensuring democratic representation in the Philippines. The Constitution provides clear guidelines for the apportionment process, emphasizing equal representation, population size, and territorial integrity. However, issues such as gerrymandering, malapportionment, and delayed reapportionment remain challenges that must be addressed to ensure the integrity of the legislative process. Judicial review serves as a check on the apportionment process, ensuring compliance with constitutional standards. Ultimately, proper apportionment is essential for a functioning democracy that fairly represents the interests of all citizens.