EPRES,
SCN

EIVED &
REO JUL 2013

Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

16" Congress
First Regular Session

HOUSE BILL NOOO D_

Introduced by: HON. MA. VICTORIA R. SY-ALVARADO

EXPLANATORY NOTE

This bill seeks to establish a lone congressional district for the City of Malolos. It intends to
address the growing necessity of the historic city and urgently respond to the challenge and complexity of
its growth and development.

Having grown to ba a busy and bustling key component city of the province of Bulacan, it is high
time for the provincial capital to have its own representation in Congress separate and distinct from the
first congressional district of the province. The City of Malolos has now over 250,000 residents, It has
greatly progressed and developed, and its economy blossomed into industries ranging from agriculture to
light-medium industrial,

In due recognition of the significance and historic role of the City of Malolos in its contribution to
our nation building and statehood, the prominence of our forefathers” struggle against imperial colonizers,
Malolos now more than ever must be granted legislative imprimatur for the creation of its own
congressional representation.

During the early years of our republic, then President Emilio Aguinaldo declared Malolos as the
capital of the Philippines, the single most momentous act signifying the start of our indigenous
government and state capacity. The single most important accomplishment of the new Philippine
Republic was the convening, drafting and promulgation of what was to be known as the Malolos
Constitution, thus setting with the strength of legal mandate of our country as the very first democratic
and republican state in Asia.

The city’s cultural and historical heritage crafted its own growth and development. In full service
to its roots, Malolos gracefully transformed and evolved from a simple town into a full-fledged city,
Republic Act No. 8754, otherwise known as An act initiating the conversion of the Municipality of
Malolos into a component city, the City of Malolos ushered in new life to its people and society.
Opportunities and advancements were made and a new, vibrant and progressive Malolos was born. The
City government prides itself with its readiness to meet the needs of the new Malolos wit efforts focused
on the delivery of adequate and essential services catered for social welfare, business and industrial
growth, public utilities and responsive governance. Comes now 2010, the city with over 250,000
inhabitants is now more than ever ready, willing and able to undertake a new phase in its development-
having its own congressional district.

Representation in Congress is indispensible in ensuring continued and sustainable growth and
development ofthe City. Being a major contributor to our heritage, our economy and our national pride,


by these the City deserves to have a voice in our national government. Add to this the needs parallel to its
growth: health and nutrition, availability and access to basic social services, the right to free primary and
secondary education and access to quality tertiary education, housing and urban facilities, public peace
and security, disaster preparedness, job opportunities and provision for conductive business environment.
The city must keep pace to the demands of a modern metropolis. Having its own representative in
Congress is not just a right; itis a demand for the city’s survival.

Our Constitution is clear and unambiguous, “Each legislative district shall comprise, as far as
practicable, contiguous, compact and adjacent territory. Each city with a population of at least two
hundred fifty thousand, or each province, shall have at least one representative.” Way back the year
2008, the National Statistics Office has issued a certification that the projected population of the City of
Malolos may reach more than250,000 for the year 2010. The 14" Congress already passed into law RA
9591, granting the city its own congressional district. Unfortunately, the honorable Supreme Court found
it unconstitutional for reason that even if they compound the growth rate yearly, “the population of
Malolos of 223,069 as of 1 August 2007 grow to only 249,333 as of as of i August 2010.” It is most
unfortunate that the Court substituted its own judgment without deferring to the expertise of the National
of the National Statistics Office over the matier of Population Counting and more still without regard to
its co-equal branch of government as there is legislative finding of fact , with the enactment of RA 9591
into law, that the City of Malolos is entitled and constitutionally mandated to have its own congressional
district. Noteworthy on this is the dissent by the Honorable Justice Roberto A. Abad, joined by his
esteemed colleagues, the now Chief Justice Renato C. Corona, Justice Antonio Eduardo B. Nachura,
Justice Teresita J. Leonardo-De Castro, Justice Diosdado M. Peralta and Justice Lucas P. Bersamin.
Partly, the honorable justice said:

“b. RA 9591 is based on a “legislative” finding of fact that Malolos will have a
population of over 250,000 by the year 2010. The rules of legislative inquiry or investigation are unique
to each house of Congress. Neither the Supreme Court nor the Executive Department can dictate on
Congress the kind of evidence that will satisfy its law-making requirement. It would foolhardy for the
Court to suggest that the legislature consider only evidence admissible in a court of law or under the rules
passed by the Office of the President. Obviously, the Judicial Department will resist a mandate from
Congress on what evidence its courts may receive to support its decisions.

ca At any rate, the certification issued by the NSO Region III Director, whose office
has jurisdiction over Malolos City, partakes of official information based on official data. That Malolos
had a population of 175,291 as of May 1, 2000 is, as the certification states, based on the 2000 census of
population conducted by the NSO. The President of the Philippines proclaimed and declared that census
official under Proclamation 28 dated April 18, 2001. On the other hand, the population growth rate of
3.78% used in the 2010 population projection for Malolos derived from the difference between the results
of the official population census taken in 1995 and that taken in 2000. The Regional Director did not
make the projection by counting the trees from the mountaintops. The data are based on evidence that is
admissible even in a court of law.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16® Congress
First Regular Session

655

HOUSE BILL NO.

Introduced by HON. MA. VICTORIA R. SY-ALVARADO

AN ACT AMENDING SECTION 57 OF REPUBLIC ACT NO. 8754, OTHERWISE KNOWN AS
THE CHARTER OF THE CITY OF MALOLOS

Be it adopted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Legislative District — Section 57 of Republic Act No. 8754, otherwise known as the
Charter of the City of Malolos is hereby amended as follows::

“Sec. 57 {Representative] Legislative District — {Until otherwise provided by law,] {The
City of Malolos shall {continue to be a part of the First Congressional District of Bulacan
Province] HAVE ITS OWNLEGISLATIVE DISTRICT TO COMMENCE IN THE
NEXT NATIONAL ELECTION AFTER THE EFFECTIVITY OF THIS ACT.”

Sec. 2. The incumbent representative of the First District of the Province of Bulacan shall
continue to represent the City of Malolos until the new representative of the lone district
of the City of Malolos shall have been elected and qualified

Sec. 3. Rules and Regulations — The Commission on Elections shall issue the necessary rules and
regulations to implement this Act.

See. 4. Repealing Clause - All laws, rules and regulations inconsistent with this Act, are hereby
repealed, amended or modified, accordingly.

Sec. 5. Effectivity - This Act shall take effect after fifteen days following the completion of its
publication in the Official Gazette or in a newspaper of general circulation.

pL


‘The majority opinion claims that the NSO Regional Director’s projection of the population of
Malolos by 2010 is erroneous. Given that the total population of Malolos as of May 1, 2000 was 175,291
and its growth rate was 3.78% per year, its population will grow, according to the dissenting opinion, to
only 241,550 in 2010.

But the majority opinion uses the following formula: 175,291 x 37.80% (arrived at by multiplying
the 3.78 annual growth rate by 10 for the 10 years between 2000 and 2010) = 241,550. It uses a growth
rate of 37.80% per 10 years to substitute for the stated official growth rate of 3.78% per year. It ignores
logic and the natural cumulative growth of population.

{In contrast, the NSO Regional Director’s computation applies the growth rate of 3.78% per year,
which is more logical in that the base is adjusted annually to reflect the year to year growth, Thus:

Base Rate Growth Year
175,291 x 3.78% = 181,917 2001
181,917 x 3.78% = 188,793 2002
188,793 x 3.78% = 195,929 2003
195,929 x 3.78% = 203,335 2004
203,335 x 3.78% = 211,021 2005
211,021 x 3.78% = 218,998 2006
218,998 x 3.78% = 227276 2007
227,216 x 3.78% = 235,867 2008
235,867 x 3.78% = 244,783 2009
244,783 x 3.78% = 254,036 2010

(Emphasis Supplied)

If | may now call again my colleagues in the House of Representative to now and again give their full
support and backing in defending the constitutional rights of our people and assert our right and constitutional power
as a collective body, as the Philippine legislature, to be accorded respect as to our determination of facts, grant the
power of legislative act to this bill. A separate congressional district for the city can, in fulfillment of their
constitutional right and social justice and equity, sustain and continue its own growth and development. The historic
town deserves its renaissance. Our democracy and republic owes it to the city, the home of our independence and
political self-determination, to ensure that it too be granted a voice amidst our national political arena.

In view of the foregoing, the approval of this bill is eamestly sought.
With these reasons, the immediate passage of this bill is earnestly sought.

SS

MA. VICTORIA R. SY-ALVARADO
Representative
First District of Bulacan