Section 5June 20, 1991, Sec./Art. 5

Election of Provincial, City, and Municipal Members of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan by Districts. - To reduce the number of positions to be voted for, which is one of the problems preventing immediate and full synchronization of elections in May 1992, for better representation, and to ensure free, orderly, honest, and less expensive elections, the elective members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected by the qualified voters of their respective districts as follows:

Beginning with the 1992 elections: (a) The number of elective councilors or sangguniang panlungsod members in the Metro Manila area, the City of Cebu, City of Davao and any other city with two (2) or more representative districts shall continue to be governed by the provisions of Sections 2 and 3 of Republic Act No. 6636: Provided, That, the Municipalities of Malabon, Navotas, San Juan, Mandaluyong, Muntinlupa, Las Pinas, and Taguig shall have twelve (12) councilors, and Pateros, ten (10).

(b) For provinces with two (2) or more representative districts, the number of elective members of the sangguniang panlalawigan shall be equally divided among them; Provided, That, if equal division is not possible, the remaining member or members shall be elected in the district or districts with the greater number of voters or, if they be the same, with the greater number of population.

Beginning with the 1995 elections: (a) For provinces and cities with only one (1) representative district, the Commission on Elections shall divide them into two (2) districts for purposes of provincial or city representation as nearly as may be according to the number of inhabitants, each district comprising a compact, contiguous and adjacent territory, and the number of elective members of their respective sanggunian shall be equally divided between the districts in accordance with the standard or formula provided in the next preceding section.

(b) The Commission on Elections shall apportion the number of elective councilors or members of the sangguniang bayan among the duly constituted barangays and sitios as nearly as practicable according to the number of their respective inhabitants, each councilor district to comprise a compact, contiguous and adjacent territory: Provided, however, That each councilor district shall elect at least two (2) councilors: Provided, further, That, in case of any extra member, he shall be elected in the district with greater number of population.

No person shall be elected member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, as the case may be, unless he is an actual resident of his district: Provided, however, That an incumbent member of the sanggunian who competes in the election for the same position may run in any district within the municipality, city, or province where he is a registered candidate.