Sema vs. COMELEC
| Sema vs. COMELEC | |
|---|---|
 |
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| Court | Supreme Court of the Philippines |
| Full case name | Bai Sandra S. A. Sema vs. COMELEC and Didagen P. Dilangalen & Perfecto F. Marquez vs. COMELEC |
| Decided | 16 July 2008 |
| Citation(s) | G.R. Nos. 177597 & 178628 |
| Case opinions | |
| Decision by | Ponente Antonio Carpio |
| Concurrence | 7 C.J. Puno, Quisumbing, Austria-Martinez, Corona, Carpio Morales, Nachura and J. Reyes |
| Dissent | 6 Ynares-Santiago, Azcuna, Tinga, Chico-Nazario, Leonardo-De Castro and Brion |
Sema vs. COMELEC (G.R. No. 177597, 2008) is a court case that was heard before the Supreme Court of the Philippines. It was consolidated with Marquez v. COMELEC (G.R. No. 178628, 2008). It held that the Regional Assembly of the Autonomous Region in Muslim Mindanao does not have the power to create provinces and cities. Thus, the creation of the province of Shariff Kabunsuan was unconstitutional and that province no longer exists as a political entity in the Philippines.
These consolidated certiorari, prohibition, mandamus and declaratory relief petitions sought the annulment of Commission on Elections "Resolution No. 7902" (10 May 2007), treating Cotabato City as part of the legislative district of Shariff Kabunsuan.
In G.R. No. 177597, Bai Sandra S. A. Sema (Sema), asked the COMELEC "to exclude from the canvassing the votes cast in Cotabato City for representative of the legislative district in question in the Philippine general election, 2007." In G.R. No. 178628, Perfecto Marquez, asked the Court "to order the COMELEC to conduct a special election for representative of the 'First District of Maguindanao with Cotabato City'".
The Ordinance appended to the 1987 Constitution of the Philippines apportioned 2 legislative districts for Maguindanao. The first consists of Cotabato City and 8 municipalities. Maguindanao forms part of the Autonomous Region in Muslim Mindanao (ARMM), created under its Organic Act, Republic Act No. 6734 (RA 6734), as amended by Republic Act No. 9054 (RA 9054). Cotabato City, as part of Maguindanao's first legislative district, is not part of the ARMM but of Region XII (having voted against its inclusion in November 1989 plebiscite).
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