Gerrymandering refers to the practice of: (1%)
(A) creating or dividing congressional districts in a manner intended to favor a particular party or candidate
(B) truancy as applied to Members of Congress
(C) loafing among members of Congress
(D) coming up with guessing game when it comes to legislation
(E) commandeering large chunks of the budget for favoured congressional districts
Suggested answer only. Not an official answer and not legal advice.
(A) Creating or dividing congressional districts in a manner intended to favor a particular party or candidate. Under Section 5(3), Article VI of the Constitution and Navarro v. Ermita, each legislative district must
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Quick check
What does the practice of gerrymandering specifically refer to in constitutional law?
Gerrymandering is the manipulation of legislative district boundaries to grant an unfair advantage to a preferred party or candidate.
Which constitutional requirement under Section 5(3), Article VI serves as a main safeguard against gerrymandering?
The Constitution mandates that legislative districts must comprise contiguous, compact, and adjacent territory to prevent boundary manipulation.
In Tobias v. Abalos, how did the Supreme Court characterize the concept of gerrymandering?
Jurisprudence defines gerrymandering as forming a legislative district from separate territories for political favor.
When is Congress constitutionally mandated to reapportion legislative districts under Section 5, Article VI?
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What is the effect of creating a legislative district that violates the contiguity and compactness requirement?
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Learn more about these topics
1. Gerrymandering Definition
Gerrymandering is the practice of creating, dividing, or manipulating legislative districts to draw boundaries that favor a particular political party or candidate. In Philippine constitutional law, gerrymandering distorts democratic representation by creating unnatural territorial configurations designed to concentrate or dilute specific voter demographics. As recognized in Tobias v. Abalos and Navarro v. Ermita, such legislative boundary manipulation violates the spirit of fair electoral representation and distorts the constitutional mechanism for apportioning seats in the House of Representatives.
2. Compactness and Contiguity
Section 5(3), Article VI of the 1987 Philippine Constitution mandates that each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. This constitutional requirement serves as a primary legal safeguard against gerrymandering. By requiring contiguous land areas and compact territorial boundaries, the Constitution prevents lawmakers from creating geographically fragmented or oddly shaped districts solely intended to secure electoral advantages for incumbent politicians or favored political factions.
3. Legislative Apportionment Rules
Apportionment of legislative districts must be made in accordance with population headcount and constitutional standards. Under Section 5, Article VI, Congress is tasked with reapportioning legislative districts within three years following each national census. Legislative districts must adhere to the rule of equal representation, requiring each district to maintain a proportional population base as far as practicable. Creation of new legislative districts that fail to meet statutory population thresholds or territorial contiguity requirements constitutes invalid apportionment subject to judicial review.