WHEREAS, Malolos City, a component city belonging to the First Legislative District of Bulacan, became a legislative district of its own pursuant to Republic Act No. 9591;

WHEREAS, pursuant to the said Act, the Commission issued Resolution No. 8670 dated September 16, 2009, allocating one (1) seat for Member, House of Representatives for Malolos City; and (2) Resolution No. 8706 dated November 26, 2009, allocating twelve (12) Sangguniang Panlungsod seats for Malolos City;

WHEREAS, the Supreme Court in G.R. No. 188078, entitled "Victorino B. Aldaba, et. al. vs. Commission on Elections" rendered a Decision, dated January 25, 2010, declaring Republic Act 9591 unconstitutional for being violative of Section 5 (3) Article VI of the 1987 Constitution and Section 3 of the Ordinance appended in the 1987 Constitution;

WHEREAS, respondents therein intend to file a Motion for Reconsideration of the above Decision of the Supreme Court;

WHEREAS, the electoral data relative to the: (1) position for Member, House of Representatives of Malolos City; (2) names of the candidates for the aforementioned position; (3) positions for the twelve (12) Sangguniang Panlungsod Merqbers of Malolos City; and (4) the names of the candidates for Sangguniang Panlungsod Members, have already been configured into the system and can no longer be revised within the remaining period before the elections on May 10, 2010.

NOW, THEREFORE, with the current system configuration, and depending upon whether the Decision of the Supreme Court in the Aldaba case is reconsidered or not, the Commission RESOLVED as it hereby RESOLVES, to inform the public of the following scenarios:

1. If the Decision is reversed, there will be no problem since the current system configuration is in line with the reconsidered Decision, meaning that Malolos City and the First Legislative District of Bulacan remain as separate legislative districts;


2. If the Decision becomes final and executory before the election, Malolos City will revert to i t s previous status as part of the First Legislative District of Bulacan.



But because of the current system configuration, the ballots for Malolos City will, for the position of Member, House of Representatives, bear only the names of the candidates for the said position. Conversely, the ballots for the municipalities comprising the First Legislative District of Bulacan, will, for the position of Member, House of Representatives, First Legislative District, Bulacan, show only the candidates for the said position.

Consequently, the voters of Malolos City will not be able to vote for candidates for Member, House of Representatives, First Legislative District of Bulacan. Meanwhile, voters of the First Legislative District of Bulacan will not be able to vote for candidates for Member, House of Representatives, Malolos City. Given this situation, the Commission will postpone the elections for Member, House of Representatives, First Legislative District of Bulacan, because the election will result in failure to elect since, in actuality, there are no candidates for the First Legislative District (with Malolos City) of Bulacan.

In regard to the Members of the Sangguniang Panlungsod, only the first ten (10) instead of twelve (12) members will be proclaimed.

3. If the Decision becomes final and executory after the election, Malolos City will revert to i t s previous status as part of the First Legislative District of Bulacan.



The result of the election will have to be nullified for the same reason given in Item "b" above. A special election for Member, House of Representatives, First Legislative District (with Malolos City) will have to be conducted.

In regard to the Members of the Sangguniang Panlungsod, only the first ten (10) instead of' twelve (12) members will be proclaimed.

Let the Education and Information Department cause the publication of this Resolution in at least two (2) newspapers of general circulation, and furnish copies thereof to the Regional Election Director, Region III, Provincial Election Supervisor of Bulacan, Election Officers of the province of Bulacan and to all department loffices in the Main Office of the Commission.

Let the Office of the Executive Director implement this Resolution.

SO ORDERED.