Makati 2nd district ‘intact,’ says Comelec

The Commission on Elections (Comelec) on Friday disclosed that the second congressional district of Makati City remains intact and is entitled to elect a representative in the 20th Congress in the 2025 mid-term elections.

The Comelec revealed the development after the legislative district lost the 10 enlisted men’s barrio (EMBO) to Taguig City because of a Supreme Court ruling in April 2022.

In a four-page resolution, the poll body has adopted the recommendation of its law department and cited that under the Constitution and as upheld by the courts in many cases, the authority to reapportion or create legislative districts was vested exclusively upon Congress.

It added that the second legislative district of Makati City remained compliant with the following minimum requirements in what constitutes a legislative district — which should comprise as far as practicable, contiguous, compact, and adjacent territory.

The requirement also included a population of at least 250,000 should have at least one representative; and each province should have at least one representative.

“The 250,000-population requirement is explained in the consolidated cases of Mariano Jr., et al. vs. Comelec, et al. and Osmeña vs. Comelec, et al. as limited to the minimum population requirement for cities’ initial legislative district,” said the Comelec.

“In other words, while Section 5(3), Article 6 of the Constitution requires a city to have a minimum population of 250,000 to be entitled to a district representative, it does not have to increase its population by another 250,000 to be entitled to an additional district.”

“It is not proper therefore to say that by virtue of the decision in the Makati-Taguig case, and with the separation of the 10 EMBO barangays, the second legislative district of Makati City no longer possesses the minimum population requirement to become a legislative district,” it added.

“In view of the foregoing, we opine that the second legislative district of Makati City continues to subsist despite the ruling in the Makati-Taguig case,” the Comelec said.