Tobias v Abalos, 239 SCRA 106
The Constitution clearly provides that the House of Representatives shall be composed of not more than two hundred fifty members, unless otherwise fixed by law. The inescapable import of the latter clause is that the present composition of Congress may be increased if Congress itself so mandates through a legislative enactment
Mariano v COMELEC, 242 SCRA 211
and now, this:
Sema v COMELEC and Dilangalen (G.R. No. 177597, 16 July 2008)
The Constitution empowered Congress to create or reapportion legislative districts, not the regional assemblies. Section 3 of the Ordinance to the Constitution which states, “[A]ny province that may hereafter be created x x x shall be entitled in the immediately following election to at least one Member,” refers to a province created by Congress itself through a national law. The reason is that the creation of a province increases the actual membership of the House of Representatives, an increase that only Congress can decide. Incidentally, in the present 14th Congress, there are 219 district representatives out of the maximum 250 seats in the House of Representatives. Since party-list members shall constitute 20 percent of total membership of the House, there should at least be 50 party-list seats available in every election in case 50 party-list candidates are proclaimed winners. This leaves only 200 seats for district representatives, much less than the 219 incumbent district representatives. Thus, there is a need now for Congress to increase by law the allowable membership of the House, even before Congress can create new provinces
