Solons abused discretion in dividing Cagayan de Oro

July 3, 2008

ARGUMENT NO. 2 on the Petition filed by Atty. Rogelio Bagabuyo in relation to the division of Cagayan de Oro City

2. The House of Representatives gravely abused its discretion in the passage of House Bill No. 5859,

the proposed law entitled: “An Act Providing for the Apportionment of the Lone Legislative District of

the City of Cagayan de Oro”, which eventually became R.A. 93 71;

A cursory reading of the Certified Copy of the HB 5859 – R.A. 9371[1] readily reveals the grave abuse of discretion amounting to lack or excess of jurisdiction committed by the House of Representatives.

And, it is not correct to say that petitioner seeks to question the wisdom in the enactment of the questioned R.A. 9371. The truth of the matter is that the proceedings leading to the passage of House Bill No. 5859, the mother of the questioned R.A. 9371, deserved to be checked by the Honorable Court pursuant to its Constitutional mandate to check the abuses of all other departments of government, including but not limited to Congressional acts of grave abuse of discretion amounting to lack or excess of jurisdiction.

Congress may diminish the merely statutory jurisdiction of the Supreme Court but it may not diminish the jurisdiction granted by the constitution itself in Section 5 thereof

In Kapatiran ng mga Naglilingkod sa Pamahalaan sa Pilipins, Inc. v. Tan[2] reiterated in Basco v. Philippine Amusement and Gaming Corporation[3] this Court held: “xxx Considering the importance to the public of the cases at bar, and in keeping with the Court’s duty , under the 1987 Constitution, to determine whether or not the other branches of government have kept themselves within the limits of the constitution and the laws and that they have not abused the discretion given to them, this Court has brushed aside technicalities of procedure and and has taken cognizance of these petitions

[1] Certified Copy of the Proceedings in the House of Representatives, the Senate and the Signing of the law by the President, issued by Victoriano C. Caoili, Director II, Bills and Index Service of the House of Representatives., hereto attached as Annex-“A-Memo”

[2] 163 SCRA 371, 378 (1988

[3] 197 SCRA 52,60, 1991

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