Comelec: Makati's 2nd district intact despite losing 10 EMBO barangays

Makati's second congressional district remains intact and is entitled to elect a representative in the 20th Congress in Eleksyon 2025, the Commission on Elections has ruled.

This developed even after the city and the legislative district lost the ten enlisted men's barrio (EMBO) barangays to Taguig City because of a Supreme Court ruling in April 2022.

In a four-page resolution, the Comelec 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.

Likewise, the poll body said that the second legislative district of Makati City remained compliant with the following minimum requirements in what constitutes a legislative district namely:

• each legislative district should comprise, as far as practicable, contiguous, compact, and adjacent territory;
• each city  with 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. 

"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,” the Comelec said.

“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.

As a result, the registered voters of the second legislative district of Makati City may vote for their member of the House of Representatives, and Makati City officials, such as the mayor, vice mayor, and Sangguniang Panlungsod members.

“The Commission, after due deliberation, resolved, as it hereby resolved, to note/adopt the comment/recommendation of the Law Department on the issue on the Second Legislative District of Makati City in view of the Supreme Court Decision in Makati vs. Taguig,” the Comelec added.

Comelec chairperson George Garcia earlier said the registered voters of 10 EMBO barangays could not elect a representative in Congress since a law has yet to be passed apportioning these 10 barangays as a third legislative district of Taguig.

Makati mayor Abigail Binay has decried this, saying it is tantamount to disenfranchising the voters of 10 EMBO barangays. —NB, GMA Integrated News