Sema v. COMELEC and Dilangalen
Sema v. COMELEC and Dilangalen, 580 Phil. 623 (2008), is a court case that was ruled on by the Supreme Court of the Philippines on July 16, 2008. It was consolidated with Marquez v. COMELEC (G.R. No. 178628). It held that the Regional Assembly of the Autonomous Region in Muslim Mindanao does not have the power to create provinces and cities. Thus, the creation of the province of Shariff Kabunsuan was unconstitutional ab initio and that province no longer exists as a political entity in the Philippines. All its employees and officials, elected or otherwise, were declared as not holding validly created offices.
| Sema v. COMELEC and Dilangalen | |
|---|---|
| Court | Supreme Court of the Philippines en banc |
| Full case name | |
| Bai Sandra S. A. Sema v. Commission on Elections and Didagen P. Dilangalen Perfecto F. Marquez v. COMELEC | |
| Decided | July 16, 2008 |
| G.R. numbers | 177597 and 178628 |
| Citation | 580 Phil. 623 558 SCRA 700 |
| Case history | |
| Subsequent action(s) | Motion for reconsideration denied January 9, 2009 |
| Ponente | Antonio Carpio |
| Concurrence | 7 C.J. Puno, Quisumbing, Austria-Martinez, Corona, Carpio Morales, Nachura and J. Reyes |
| Dissent | 6 Ynares-Santiago, Azcuna, Tinga, Chico-Nazario, Leonardo-De Castro and Brion |
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