EPRES,
Ae* SUN

Republic of the Philippines RECEIVED @\
HOUSE OF REPRESENTATIVES re: 60 28 ap \
Quezon City, Metro Manila 2am

Eighteenth Congress
Second Regular Session

HOUSE BILL NO. _ 8284

Introduced by Representatives DAN S. FERNANDEZ and MARLYN B. ALONTE

EXPLANATORY NOTE

Under the 1987 Philippine Constitution, the Province of Laguna was

reapportioned into four (4) congressional districts. The constituent municipalities
of the First District at the time were Binan, San Pedro and Sta. Rosa. All the said
local government units have since become cities by law.

First class provinces, such as Laguna, were each allocated a total of
“ten (10) elective members for their respective Sangguniang Panlalawigan”, by
virtue of Section 4 of Republic Act No. 6636, as amended. Under this scheme,
the First District of Laguna was allocated a total of three elective members for
the Sangguniang Panlalawigan.

The passage of Republic Act No. 10658 on March 27, 2015 separated from the
First District the city of Binan, which first elected its separate representative
beginning in the 2016 elections. However, the Commission on Elections has
decided that for purposes of electing Sangguniang Panlalawigan Members, Binan
remains part of the province’s First [Sangguniang Panlalawigan] District (see
Comelec Resolution No, 9982 [Annex “B”] dated August 18, 2015),

The passage of Republic Act No. 11395 on August 28, 2019 will have the effect
of separating from the First District the city of Sta. Rosa, which will elect its
separate representative beginning in the 2022 elections. Similar to the situation
of Binan, however, the Comelec has decided that for purposes of electing
Sangguniang Panlalawigan Members, Sta. Rosa remains part of the province’s
First [Sangguniang Panlalawigan] District.


It must be noted that the Comelec action in both situation appears to be an
incorrect interpretation and implementation of the law. Section 3 (a) of Republic
Act No. 7166 explicitly states that “For provinces with two (2) or more legislative
districts, the clective members of the Sangguniang Panlalawigan shall be elected
by legislative districts.” When, in its whereas clause, Comelec Resolution 9982
cited or reproduced the very same provision, it omitted the word “legislative” so
much so that the said provision was rendered to read that the subject election
would be done “by districts.” Apparently, this was resorted to so as to justify the
Comelec’s position that election of the SP Members would be done on the basis.
of “Sangguniang Panlalawigan” districts and not by “legislative” districts. It may
be concluded therefore that the stand of the Comelec at least on this point is not
compliant with our election law

Further, it may be observed that the Comelec’s interpretation and
implementation of the provision of the law in the matter of election of the SP
Members does not make much sense, inasmuch as they tend to defeat or at least
to water down the effects of the separation of Binan and Sta, Rosa from the First
District, The Comelec resolutions, in effect, force the LGUs of San Pedro, Binan
and Sta, Rosa to retain their erstwhile status of being lumped together as one
district, for purposes of SP election, although denominated, this time, as a
“Sangguniang Panlalawigan’” district.

‘The instant measure therefore is in the nature of a curative or remedial
legislation, designed to correct an error in the exercise of a quasi-legislative
function by an administrative agency, [t allows the cities of San Pedro, Sta. Rosa
and Binan (that is, the voters therein) to elect one (1) Member each for the
Sangguniang Panlalawigan. By dividing the three (3) allocated seats for what
used to be the First District of Laguna into one (1) seat per city, we are merely
complying with Section 3 (a) of Republic Act No. 7166 which states that “the
number of seats shall be apportioned equitably.”

For the foregoing reasons and in view of the fast approach of the 2022
synchronized national and local elections, the immediate passage of this bill is

respectfully recommended,
HON. DAN S, FERN iON. he B, ALONTE

First District of Laguna Lone District of Binan



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
Second Regular Session

HOUSE BILL No. 8284

Introduced by Representatives DAN S. FERNANDEZ and MARLYN B. ALONTE

AN ACT
PROVIDING FOR THE MANNER OF ELECTION OF THE ELECTIVE
MEMBERS OF THE SANGGUNIANG PANLALAWIGAN OF LAGUNA
ENTING THE CITIES OF SAN PEDRO, STA. ROSA AND

BINAN

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

SECTION 1. Manner of Election of the Elective Members of the
Sangguniang Panlalawigan of Laguna Representing the Cities of San Pedro, Sta.
Rosa and Binan, — In the next national and local elections after the effectivity of
this Act, qualified voters in the cities of San Pedro,

Sta. Rosa and Binan, shall vote separately for one (1) Member of the

Sangguniang Panlalawigan of Laguna per each city,


SEC. 2. Implementing Rules and Regulations. — The Commission on
Elections shall issue the necessary rules and regulations to implement this Act

within thirty (30) days after its effectivity
SEC. 3. Appropriations. — The amount necessary for the implementation
of this Act shall be included in the annual General

Appropriations Act.

SEC. 4. Repealing Clause. — All laws, rules and regulations which are

inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC. 5, Effectivity. — This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any newspaper of general circulation

Approved,