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Philconsa v. Mathay (1966)

QF: Congress enacted RA 4134 and 4642 increasing salaries of Members of the House of Reps for theyear of 1965-1966. Philconsa seeks to enjoin the Acting Auditor General to pass this in audit on theground that 8 of the senators who enacted the bill have terms that will expire on 1969 thus, it violates ArtVI, Sec 14 of the 1935 Constitution. Petition granted.

DOCTRINE: The language of the provision on salaries of Members of Congress is clear. It refers to theexpiration of the full term of all the Members of both Senate and House of Representatives approvingsuch increase. RATIONALE: To remove personal interest from the increase

Facts: Petitioner has filed a suit against the former Acting Auditor General of the Philippines and the

Auditor of the Congress of the Philippines seeking to permanently enjoin them from authorizing or

passing in audit the payment of the increased salaries authorized by RA 4134 to the Speaker and

members of the House of Representatives before December 30, 1969.

The 1965-1966 Budget implemented the increase in salary of the Speaker and members of the House of

Representatives set by RA 4134, approved just the preceding year 1964. Petitioner contends that such

implementation is violative of Article VI, Sec. 14(now Sec. 10) of the Constitution. The reason given being

that the term of the 8 senators elected in 1963, and who took part in the approval of RA 4134, would have

expired only on December 30, 1969; while the term of the members of the House who participated in the

approval of said Act expired on December 30, 1965.

Issue: Does Sec. 14(now Sec. 10) of the Constitution require that not only the term of all the members of

the House but also that of all the Senators who approved the increase must have fully expired before the

increase becomes effective?

Held: In establishing what might be termed a waiting period before the increased compensation for

legislators becomes fully effective, the Constitutional provision refers to all members of the Senate andthe House of Representatives in the same sentence, as a single unit, without distinction or separationbetween them. This unitary treatment is emphasized by the fact that the provision speaks of the

expiration of the full term of the Senators and Representatives that approved the measure, using thesingular form and not the plural, thereby rendering more evident the intent to consider both houses for the

purpose as indivisible components of one single Legislature. The use of the word term in the singular,when combined with the following phrase all the members of the Senate and the House, underscoresthat in the application of Art. VI, Sec. 14(now Sec. 10), the fundamental consideration is that the terms of

office of all members of the Legislature that enacted the measure must have expired before the increase

in compensation can become operative.

The Court agreed with petitioner that the increased compensation provided by RA 4134 is not operative

until December 30, 1969, when the full term of all members of the Senate and House that approved it will

have expired.

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Jimenez v. Cabangbang (1966)

QF: Cabangbang is a Member of the HOR who wrote an allegedly libellous letter to the President sayinginvolving petitioners Jimenez, Albert, and Lukban. The letter was not held to be one falling underprivileged communication but it was not held libellous as well.

DOCTRINE: The speech and debate clause covers speech, acts and other forms which are deliberativeand communicative in nature. Requisites: 1) done while Congress is in session 2) in the discharge of theirlegislative functions

FACTS: Nicanor Jimenez, Carlos Albert and Jose Lukban they are the persons mentioned in theopen letter of Cabangbang to the President. Bartolome Cabangbang member of the HOR and wrotethe letter to the President. A civil action was originally instituted by the petitioners in the CFI of Rizal forrecovery of several sums of money, by way of damages for the publication of an allegedly libelous letterof defendant Cabangbang. The letter contains information that: 1. There is an insidious plan or a massivepolitical build up; 2. There is a planned coup dtat; 3. Modified #1, by trying to assuage thePresident and the public with a loyalty parade, in a effort to rally the officers and men of the AFP behindGeneral Arellano.

ISSUES:1. Whether or not the publication in question is a privileged communication.2. Whether or not it is libelous.

HELD:1. It was held that the letter is not considered a privilege communication because the publication: a. wasan open letter, b. the Congress was not in session; c. it was not a discharge of an official function or duty.2. It was held not libelous because the letter clearly implies that the plaintiffs were not the planners butmerely tools, much less, unwittingly on their part. The order appealed is confirmed.

Facts:

This is an ordinary civil action for the recovery, by plaintiffs Nicanor T. Jimenez, Carlos J. Albert

and Jose L. Lukban, of several sums of money, by way of damages for the publication of an allegedlylibelous letter of defendant Bartolome Cabangbang. At the time of said publication, defendant was amember of the House of Representatives and Chairman of its Committee on National Defense.

Issue:

whether the publication in question is a privileged communication; whether the aforementionedpublication falls within the purview of the phrase speech or debate therein of Article VI, Section 5 of the1935 Constitution which provides that [t]he Senators and Members of the House of Representatives shallin all cases except treason, felony, and breach of the peace, be privileged from arrest during theirattendance at the sessions of the Congress, and in going to and returning from the same; and for anyspeech or debate therein, they shall not be questioned in any other place

Held:

No. The phrase speech or debate therein refers to utterances made by Congressmen in theperformance of their official functions, such as speeches delivered, statements made, or votes cast in thehalls of Congress, while the same is in session, as well as bills introduced in Congress, whether the sameis in session or not, and other acts performed by Congressmen, either in Congress or outside thepremises housing its offices, in the official discharge of their duties as members of Congress and ofCongressional Committees duly authorized to perform its functions as such, at the time of theperformance of the acts in question.

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The publication involved in this case does not belong to this category. According to the

complaint herein, it was an open letter to the President of the Philippines, dated November 14, 1958,when Congress presumably was not in session, and defendant caused said letter to be published inseveral newspapers of general circulation in the Philippines, on or about said date. It is obvious that, inthus causing the communication to be so published, he was not performing his official duty, either as amember of Congress or as officer or any Committee thereof. Hence, said communication is not absolutelyprivileged.

(People vs . Jalosjo s G.R. Nos. 132875-76. Febru ary 3, 2000)324 SCRA 689

FACTS: While his appeal from a conviction of rape is pending, the accused, a Congressman wasconfined at the national penitentiary. Since he was reelected to his position, he argued that he should beallowed to attend the legislative sessions and committee hearings, because his confinement wasdepriving his constituents of their voice in Congress.

HELD: Election to high government office does free accused from the common restraints of general law.Under Section II, Article VI of the Constitution, a member of the House of Rep is privileged from arrest

only if offense is punishable by not more than 6 years imprisonment. Confinement of a congressmancharged with a crime punishable by more than 6 years has constitutional foundations. If allowed to attendthe congressional sessions, the accused would be virtually made a free man. When he was elected intooffice, the voters were aware of his limitations on his freedom of action. Congress can continue tofunction even without all its members being present. Election to the position of Congressman is not areasonable classification in criminal law enforcement.

Facts:The accused-appellant, Romeo Jalosjos, is a full-fledged member of Congress who is confined at thenational penitentiary while his conviction for statutory rape and acts of lasciviousness is pending appeal.The accused-appellant filed a motion asking that he be allowed to fully discharge the duties of a

Congressman, including attendance at legislative sessions and committee meetings despite his havingbeen convicted in the first instance of a non-bailable offense.

Jalosjos primary argument is the "mandate ofsovereign will." He states that the sovereign electorate ofthe First District of Zamboanga del Norte chose him as their representative in Congress. Having been re-elected by his constituents, he has the duty to perform the functions of a Congressman. He calls this acovenant with his constituents made possible by the intervention of the State. He adds that it cannot bedefeated by insuperable procedural restraints arising from pending criminal cases.

Jalosjos also invoked the doctrine of condonation citing Aguinaldo v. Santos, which states, inter alia, that

The Court should never remove a public officer for acts done prior to his present term of office. To dootherwise would be to deprive the people of their right to elect their officers. When a people have elected

a man to office, it must be assumed that they did this with the knowledge of his life and character, andthat they disregarded or forgave his fault or misconduct, if he had been guilty of any. It is not for theCourt, by reason of such fault or misconduct, to practically overrule the will of the people.

Jalosjos further argues that on several occasions, the Regional Trial Court of Makati granted severalmotions to temporarily leave his cell at the Makati City Jail, for official or medical reasons.

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Jalosjos avers that his constituents in the First District of Zamboanga del Norte want their voices to beheard and that since he is treated as bona fide member of the House of Representatives, the latter urgesa co-equal branch of government to respect his mandate.

Issue:Whether or not accused-appellant should be allowed to discharge mandate as member of House ofRepresentatives

Held:NO.

The privilege of arrest has always been granted in a restrictive sense.

True, election is the expression of the sovereign power of the people. However, in spite of its importance,the privileges and rights arising from having been elected may be enlarged or restricted by law. Privilegehas to be granted by law, not inferred from the duties of a position. In fact, the higher the rank, the greateris the requirement of obedience rather than exemption.

Section 11, Article VI, of the Constitution provides:

A Senator or Member of the House of Representatives shall, in all offenses punishable by not more thansix years imprisonment, be privileged from arrest while the Congress is in session. xxx

The immunity from arrest or detention of Senators and members of the House of Representatives, arisesfrom a provision of the Constitution. The history of the provision shows that the privilege has always beengranted in a restrictive sense. The provision granting an exemption as a special privilege cannot beextended beyond the ordinary meaning of its terms. It may not be extended by intendment, implication orequitable considerations.

The accused-appellant has not given any reason why he should be exempted from the operation of Sec.11, Art. VI of the Constitution. The members of Congress cannot compel absent members to attend

sessions if the reason for the absence is a legitimate one. The confinement of a Congressman chargedwith a crime punishable by imprisonment of more than six years is not merely authorized by law, it hasconstitutional foundations.

Doctrine of condonation does not apply to criminal cases

The Aguinaldo case involves the administrative removal of a public officer for acts done prior to hispresent term of office. It does not apply to imprisonment arising from the enforcement of criminal law.Moreover, in the same way that preventive suspension is not removal, confinement pending appeal is notremoval. He remains a congressman unless expelled by Congress or, otherwise, disqualified.

One rationale behind confinement, whether pending appeal or after final conviction, is public self-defense.

Society must protect itself. It also serves as an example and warning to others.

Emergency or compelling temporary leaves from imprisonment are allowed to all prisoners.

There is no showing that the above privileges are peculiar to him or to a member of Congress.Emergency or compelling temporary leaves from imprisonment are allowed to all prisoners, at thediscretion of the authorities or upon court orders.

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To allow accused-appellant to attend congressional sessions and committee meetings willvirtually make him a free man

When the voters of his district elected the accused-appellant to Congress, they did so with full awarenessof the limitations on his freedom of action. They did so with the knowledge that he could achieve onlysuch legislative results which he could accomplish within the confines of prison. To give a more drasticillustration, if voters elect a person with full knowledge that he is suffering from a terminal illness, they doso knowing that at any time, he may no longer serve his full term in office.

To allow accused-appellant to attend congressional sessions and committee meetings for 5 days or morein a week will virtually make him a free man with all the privileges appurtenant to his position. Such anaberrant situation not only elevates accused-appellants status to that of a special class, it also would bea mockery of the purposes of the correction system.

In the ultimate analysis, the issue before us boils down to a question of constitutional equal protection.

The Constitution guarantees: "x x x nor shall any person be denied the equal protection of laws." Thissimply means that all persons similarly situated shall be treated alike both in rights enjoyed andresponsibilities imposed. The organs of government may not show any undue favoritism or hostility to anyperson. Neither partiality nor prejudice shall be displayed.

Does being an elective official result in a substantial distinction that allows different treatment? Is being aCongressman a substantial differentiation which removes the accused-appellant as a prisoner from thesame class as all persons validly confined under law?

The performance of legitimate and even essential duties by public officers has never been an excuse tofree a person validly in prison.

The Court cannot validate badges of inequality. The necessities imposed by public welfare may justifyexercise of government authority to regulate even if thereby certain groups may plausibly assert that theirinterests are disregarded.

We, therefore, find that election to the position of Congressman is not a reasonable classification in

criminal law enforcement. The functions and duties of the office are not substantial distinctions which lifthim from the class of prisoners interrupted in their freedom and restricted in liberty of movement. Lawfularrest and confinement are germane to the purposes of the law and apply to all those belonging to thesame class.

Trillanes IV vs. Pimentel

G.R. No. 179817, June 27, 2008

Election to Congress is not a reasonable classification in criminal law enforcement as thefunctions and duties of the office are not substantial distinctions which lift one from the class ofprisoners interrupted in their freedom and restricted in liberty of movement.

Justification for confinement with its underlying rationale of public self-defense applies equally todetention prisoners like petitioner or convicted prisoners-appellants like Jalosjos.

http://scire-licet.blogspot.com/2009/11/trillanes-iv-vs-pimentel.htmlhttp://scire-licet.blogspot.com/2009/11/trillanes-iv-vs-pimentel.html

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FACTS:

Petitioner Trillanes IV is on trial for coup detat in relation to the Oakwood Incident. In the 2007elections, he won a seat in the Senate with a six-year term commencing at noon on June 30, 2007.Petitioner now asks the Court that he be allowed to attend all official functions of the Senate, allegingmainly that his case is distinct from that of Jalosjos as his case is still pending resolution whereas that inthe Jalosjos case, there was already conviction.

ISSUE:

Whether or not valid classification between petitioner and Jalosjos exists

RULING:

The petition is bereft of merit.

In attempting to strike a distinction between his case and that of Jalosjos, petitioner chiefly points out thatformer Rep. Romeo Jalosjos (Jalosjos) was already convicted, albeit his conviction was pending appeal,when he filed a motion similar to petitioner's Omnibus Motion, whereas he (petitioner) is a mere detentionprisoner. He asserts that he continues to enjoy civil and political rights since the presumption ofinnocence is still in his favor.

Further, petitioner illustrates that Jalosjos was charged with crimes involving moral turpitude, i.e., twocounts of statutory rape and six counts of acts of lasciviousness, whereas he is indicted for coup d'etatwhich is regarded as a "political offense."

Furthermore, petitioner justifies in his favor the presence of noble causes in expressing legitimategrievances against the rampant and institutionalized practice of graft and corruption in the AFP.

xxx

A plain reading of Jalosjos suggests otherwise, however.

The distinctions cited by petitioner were not elemental in the pronouncement in Jalosjos that election toCongress is not a reasonable classification in criminal law enforcement as the functions and duties of theoffice are not substantial distinctions which lift one from the class of prisoners interrupted in their freedomand restricted in liberty of movement.

It cannot be gainsaid that a person charged with a crime is taken into custody for purposes of theadministration of justice. No less than the Constitution provides:

All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt

is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance asmay be provided by law. The right to bail shall not be impaired even when the privilege of the writ ofhabeas corpus is suspended. Excessive bail shall not be required. (Underscoring supplied)

The Rules also state that no person charged with a capital offense, or an offense punishable by reclusionperpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of thestage of the criminal action.

That the cited provisions apply equally to rape and coup d'etat cases, both being punishable by reclusion

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perpetua, is beyond cavil. Within the class of offenses covered by the stated range of imposablepenalties, there is clearly no distinction as to the political complexion of or moral turpitude involved in thecrime charged.

In the present case, it is uncontroverted that petitioner's application for bail and for release onrecognizance was denied. The determination that the evidence of guilt is strong, whether ascertained in ahearing of an application for bail or imported from a trial court's judgment of conviction, justifies thedetention of an accused as a valid curtailment of his right to provisional liberty. This accentuates theproviso that the denial of the right to bail in such cases is "regardless of the stage of the criminal action."Such justification for confinement with its underlying rationale of public self-defense applies equally todetention prisoners like petitioner or convicted prisoners-appellants like Jalosjos.

xxx

Petitioner goes on to allege that unlike Jalosjos who attempted to evade trial, he is not a flight risk sincehe voluntarily surrendered to the proper authorities and such can be proven by the numerous times hewas allowed to travel outside his place of detention.

Subsequent events reveal the contrary, however. The assailed Orders augured well when on November29, 2007 petitioner went past security detail for some reason and proceeded from the courtroom to a

posh hotel to issue certain statements. The account, dubbed this time as the "Manila Pen Incident,"proves that petitioner's argument bites the dust. The risk that he would escape ceased to be neitherremote nor nil as, in fact, the cause for foreboding became real.

Moreover, circumstances indicating probability of flight find relevance as a factor in ascertaining thereasonable amount of bail and in cancelling a discretionary grant of bail. In cases involving non-bailableoffenses, what is controlling is the determination of whether the evidence of guilt is strong. Once it isestablished that it is so, bail shall be denied as it is neither a matter of right nor of discretion.

Puyat v. De Guzman

Facts: The case is a suit for certiorari and prohibition with preliminary injunction against the Order of SEC(De Guzman) granting Estanislao Fernandez leave to intervene in SEC case # 1747. Fernandez, on oneof the conferences of the parties, represented the ACERO group but the Puyat group objected becauseFernandez is an assemblyman as prohibited by law (Section 11, Article 8 of the Constitution). Fernandezdid not continue his appearance for respondent ACERO for the mean time. To circumvent the law,Fernandez purchased 10 shares of stock on May 15, 1979 and was notarized on May 30, 1979 and wassought to be registered on such date. Being an owner of shares of stock of IPI, Fernandez filed for anUrgent Motion for Intervention in the SEC case and it was granted by SEC. One the case, Reyes vsExcelsior et al, before a Court of First Instance, S.C. ruled that Fernandez cannot appear as counsel tothe respondents because the court was one without appellate jurisdiction. SC also issued a TRO

enjoining SEC from allowing the participation as intervenor of Fernandez at the proceedings in the SECcase. Solicitor General commented for the respondent commissioner of SEC supporting the lattersstand in allowing intervention.

Issue: Whether or not Assemblyman Fernandez may intervene in the SEC case.

Held: The intervention of Fernandez is an indirect appearance as a counsel before an administrative bodywhich is in contravention of the constitutional provisions (Section 11, Article 8):

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SEC. 11. No Member of the Batasang Pambansa shall appear as counsel before any court withoutappellate jurisdiction before any court in any civil case wherein the Government, or any subdivision,agency, or instrumentality thereof is the adverse party, or in any criminal case wherein any officer oremployee of the Government is accused of an offense committed in relation to his office, or before anyadministrative body. Neither shall he, directly or indirectly be interested financially in any contract with, orin any franchise or special privilege granted by the Government, or any subdivision, agency orinstrumentality thereof, including any government-owned or controlled corporation, during his term ofoffice. He shall not accept employment to intervene in any cause or matter where he may be called to acton account of his office.

Political Law Appearance in Court

On 14 May 1979, Puyat and his group were elected as directors of the International Pipe Industries. Theelection was subsequently questioned by Acero (Puyats rival) claiming that the votes were not properlycounted hence he filed a quo warranto proceeding before the Securities and Exchange Commission on25 May 1979. Prior to Aceros filing of the case, Estanislao Fernandez, then a member of the InterimBatasang Pambansa purchased ten shares of stock of IPI from a member of Aceros group. And during aconference held by SEC Commissioner de Guzman (from May 25-31 79) to have the parties confer witheach other, Estanislao Fernandez entered his appearance as counsel for Acero. Puyat objected arguing

that it is unconstitutional for an assemblyman to appear as counsel (to anyone) before any administrativebody (such as the SEC). This being cleared, Fernandez inhibited himself from appearing as counsel forAcero. He instead filed an Urgent Motion for Intervention in this said SEC case for him to intervene not asa counsel but as a legal owner of IPI shares and as a person who has a legal interest in the matter inlitigation. The SEC Commissioner granted the motion in effect granting Fernandez leave to intervene.Puyat then moved to question the Commissioners action.

ISSUE: Whether or not Fernandez, acting as a stockholder of IPI, can appear and intervene in the SECcase without violating the constitutional provision that an assemblyman must not appear as counsel insuch courts or bodies?

HELD: No, Fernandez cannot appear before the SEC body under the guise that he is not appearing as acounsel. Even though he is a stockholder and that he has a legal interest in the matter in litigation he is

still barred from appearing. He bought the stocks before the litigation took place. During the conferencehe presented himself as counsel but because it is clearly stated that he cannot do so under theconstitution he instead presented himself as a party of interest which is clearly a work around and isclearly an act after the fact. A mere work around to get himself involved in the litigation. What could not bedone directly could not likewise be done indirectly.

Liban vs Gordon

Petitioners Dante V. Liban, Reynaldo M. Bernardo, and Salvador M. Viari (petitioners) filed with this Court

a Petition to Declare Richard J. Gordon as Having Forfeited His Seat in the Senate . Petitioners areofficers of the Board of Directors of the Quezon City Red Cross Chapter while respondent is Chairman ofthe Philippine National Red Cross (PNRC) Board of Governors.During respondents incumbency as a member of the Senate of the Philippines, he was elected Chairmanof the PNRC during the 23 February 2006 meeting of the PNRC Board of Governors. Petitioners allegethat by accepting the chairmanship of the PNRC Board of Governors, respondent has ceased to be amember of the Senate as provided in Section 13, Article VI of the Constitution, which reads:

SEC. 13. No Senator or Member of the House of Representatives may hold any otheroffice or employment in the Government, or any subdivision, agency, or instrumentalitythereof, including government-owned or controlled corporations or their subsidiaries,

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during his term without forfeiting his seat. Neither shall he be appointed to any officewhich may have been created or the emoluments thereof increased during the term forwhich he was elected.

Petitioners cite Camporedondo v. NLRC, which held that the PNRC is a government-owned or controlledcorporation. Petitioners claim that in accepting and holding the position of Chairman of the PNRC Boardof Governors, respondent has automatically forfeited his seat in the Senate, pursuant to Flores v. Drilon,which held that incumbent national legislators lose their elective posts upon their appointment to anothergovernment office.The following issues were raised. Rule on the following:

QUESTIONS: 1.Is the Philippine National Red Cross (PNRC) is a government- owned or controlledcorporation? 2. Is Section 13, Article VI of the Philippine Constitution applicable to the case of respondentwho is Chairman of the PNRC and at the same time a Member of the Senate? 3. Should respondent beautomatically removed as a Senator pursuant to Section 13, Article VI of the Philippine Constitution ?and(4) Can petitioners legally institute this petition against respondent?

Avelino v. Cuenco (1949)

QF: 10 senators, including the Senate President walked out of the session hall when Senator Tatad wasabout to deliver his privilege speech. Senator Cuenco was elected by 12 senators as the new SenatePresident. Court ruled that 12 senators constituted the majority of 23 senators (1 was out-of-the-country)

DOCTRINE: Majority of each house shall constitute a quorum is different from Majority of all membersof the house

DEFINITION: Quorum a majority of each house

FACTS: The petitioners, Senator Jose Avelino, in a quo warranto proceeding, asked the court to declarehim the rightful Senate President and oust the respondent, Mariano Cuenco. In a session of the Senate,Tanadas request to deliver a speech in order to formulate charges against then Senate PresidentAvelino was approved. With the leadership of the Senate President followed by his supporters, theydeliberately tried to delay and prevent Tanada from delivering his speech. The SP with his supportersemployed delaying tactics, the tried to adjourn the session then walked out. Only 12 Senators were left inthe hall. The members of the senate left continued the session and Senator Cuenco was appointed as theActing President of the Senate and was recognized the next day by the President of the Philippines.

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ISSUES:1. Whether or not the court has jurisdiction of the case.2. Whether or not Resolutions 67 & 68 was validly approved.

HELD:1. The Court has no jurisdiction of the case because the subject matter is political in nature and in doing

so, the court will be against the doctrine of separation of powers. To the first question, the answer is in thenegative, in view of the separation of powers, the political nature of the controversy (Alejandrino vs.Quezon, 46 Phil. 83; Vera vs. Avelino, 77 Phil. 192; Mabanag vs. Lopez Vito, 78 Phil. 1) and theconstitutional grant to the Senate of the power to elect its own president, which power should not beinterfered with, nor taken over, by the judiciary. We refused to take cognizance of the Vera case even ifthe rights of the electors of the suspended senators were alleged affected without any immediate remedy.A fortiori we should abstain in this case because the selection of the presiding officer affect only theSenators themselves who are at liberty at any time to choose their officers, change or reinstate them.Anyway, if, as the petition must imply to be acceptable, the majority of the Senators want petitioner topreside, his remedy lies in the Senate Session Hall not in the Supreme Court.

2. It was held that there is a quorum that 12 being the majority of 23. In fine, all the four justice agree thatthe Court being confronted with the practical situation that of the twenty three senators who may

participate in the Senate deliberations in the days immediately after this decision, twelve senators willsupport Senator Cuenco and, at most, eleven will side with Senator Avelino, it would be most injudiciousto declare the latter as the rightful President of the Senate, that office being essentially one that dependsexclusively upon the will of the majority of the senators, the rule of the Senate about tenure of thePresident of that body being amenable at any time by that majority. And at any session hereafter heldwith thirteen or more senators, in order to avoid all controversy arising from the divergence of opinionhere about quorum and for the benefit of all concerned,the said twelve senators who approved theresolutions herein involved could ratify all their acts and thereby place them beyond the shadow of adoubt.

1. E. Election of Officers

Santiago v. Guingona (1998)

QF: Petitioners Santiago and Tatad contest the nomination of Guingona as the minority leader. Theyinterpret MINORITY as the group who voted for the losing Senate President candidate. SC ruled thatthis has no legal basis and that the manner of electing officers of Senate other than the Senate Presidentwas within the province of the legislative.

DOCTRINE: The selection of the minority leader is part of the internal procedure of Congress where thereare no constitutional standards; it is up to the Congress.

DEFINITION: Majority- political party where most number of lawmakers belong; the vote you need toelect the Senate President

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Facts: During the first regular session of the eleventh Congress, Senator Fernan was declared the duly

elected President of the Senate by a vote of 20 to 2. Senator Tatad manifested that, with the agreement

of Senator Santiago, allegedly the only other member of the minority, he was assuming the position of

minority leader. He explained that those who had voted for Senator Fernan comprised the majority, while

only those who had voted for him, the losing nominee, belonged to the minority. Senator Flavier

manifested that the senators belonging to the Lakas-NUCD-UMDP Party numbering 7 and, thus, also a

minority had chosen Senator Guingona as the minority leader. Thereafter, the majority leader informed

the body that he was in receipt of a letter signed by the 7 Lakas-NUCD-UMDP senators, stating that they

had elected Senator Guingona as the minority leader. By virtue thereof, the Senate President formally

recognized Senator Guingona as the minority leader of the Senate. Senators Santiago and Tatad filed a

petition for quo warranto, alleging that Senator Guingona had been usurping, unlawfully holding and

exercising the position of Senate minority leader, a position that, according to them, rightfully belonged to

Senator Tatad.

Issues:

(1) Whether or not the Court has jurisdiction over the petition

(2) Whether or not there is an actual violation of the Constitution

Held: Regarding the first issue, jurisdiction over the subject matter of a case is determined by the

allegations of the complaint or petition, regardless of whether the petitioner is entitled to the relief

asserted. In light of the allegations of the petitioners, it is clear that the Court has jurisdiction over the

petition. It is well within the power and jurisdiction of the Court to inquire whether indeed the Senate or its

officials committed a violation of the Constitution or gravely abused their discretion in the exercise of their

functions and prerogatives.

However, the interpretation proposed by petitioners finds no clear support from the Constitution, the laws,

the Rules of the Senate or even from practices of the Upper House. The term majority, when referring to

a certain number out of a total or aggregate, it simply means the number greater than half or more than

half of any total. In effect, while the Constitution mandates that the President of the Senate must be

elected by a number constituting more than one half of all the members thereof, it does not provide that

the members who will not vote for him shall ipso facto constitute the minority, who could thereby elect the

minority leader. No law or regulation states that the defeated candidate shall automatically become the

minority leader.

While the Constitution is explicit in the manner of electing a Senate President and a House Speaker, it is,

however, dead silent on the manner of selecting the other officers in both chambers of Congress. All that

the Charter says under Art. VI, Sec. 16(1) is that each House shall choose such other officers as it maydeem necessary. The method of choosing who will be such other officers is merely a derivative of the

exercise of the prerogative conferred by the said constitutional provision. Therefore, such method mustbe prescribed by the Senate itself, not by the Court.

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1. G. Rules of proceedings

Osmena v. Pendatun (1960)

QF: Congressman Osmena delivered a privilege speech attacking the President. Congress created acommittee to investigate and summoned Osmena to substantiate his accusations. Osmena failed to do so

and was suspended for 15 months. Osmena went to court seeking to nullify the resolution suspendinghim. Court ruled that the legislature has the power to discipline its members.

DOCTRINE: The Legislature is the judge of what constitutes disorderly behaviour because:

1. 1. The Constitution has conferred jurisdiction upon it2. 2. The matter depends mainly on factual circumstances of which the House knows best but

which cannot be depicted in black and white for presentation to, and adjudication by the Courts

Rules adopted by deliberative bodies are subject to revocation, modification or waiver at the pleasure ofthe body adopting them.

Facts: Congressman Osmena, in a privilege speech delivered before the House of Representatives,made serious imputations of bribery against President Garcia. Thereafter, a special committee of 15members was created to investigate the truth of the charges made by Congressman Osmena against thePresident. Osmena refused to produce before the House Committee evidence to substantiate suchimputations. For having made the imputations and for failing to produce evidence in support thereof,Osmena was, by resolution of the House, suspended from office for a period of 15 months for seriousdisorderly behavior.

Issue:Whether or not there is an infringement of Osmenas parliamentary privilege of speech

Held: Sec. 15 (now Sec. 11), Art. VI of the Constitution provides that for any speech or debate inCongress, the Senators or Members of the House of Representatives shall not be questioned in any otherplace.

The Constitution enshrines parliamentary immunity which is a fundamental privilege cherished in everylegislative assembly of the democratic world. It guarantees the legislator complete freedom of expressionwithout fear of being made responsible in criminal or civil actions before the courts or any other forumoutside of the Congressional Hall. But it does not protect him from responsibility before the legislativebody itself whenever his words and conduct are considered by the latter disorderly or unbecoming amember thereof.

On the question whether delivery of speeches attacking the President constitutes disorderly conduct forwhich Osmena may be disciplined, the Court believes that the House of Representatives is the judge of

what constitutes disorderly behavior, not only because the Constitution has conferred jurisdiction upon it,but also because the matter depends mainly on factual circumstances of which the House knows best butwhich can not be depicted in black and white for presentation to, and adjudication by the Courts. For onething, if the Court assumed the power to determine whether Osmenas conduct constituted disorderlybehavior, it would have assumed appellate jurisdiction, which the Constitution never intended to conferupon a coordinate branch of the government.

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United States vs Juan Pons

On January 4, 2012

Political Law

Journal

Conclusiveness of the Journals

Pons and Gabino Beliso were trading partners. On 5 Apr 1914, the steamer Lopez y Lopez arrived atManila from Spain and it contained 25 barrels of wine. The said barrels of wine were delivered to Beliso.Beliso subsequently delivered 5 barrels to Pons house. On the other hand, the customs authoritiesnoticed that the said 25 barrels listed as wine on record were not delivered to any listed merchant (Belisonot being one). And so the customs officers conducted an investigation thereby discovering that the 25barrels of wine actually contained tins of opium. Since the ct of trading and dealing opium is against Act2381, Pons and Beliso were charged for illegally and fraudulently importing and introducing suchcontraband material to the Philippines. Pons appealed the sentence arguing that Act 2381 was notapproved while the Philippine Commission (Congress) was not in session. He said that his witnessesclaim that the said law was passed/approved on 01 March 1914 while the special session of theCommission was adjourned at 12MN on 28 Feb 1914. Since this is the case, Act 2381 should be null and

void.

ISSUE: Whether or not the SC must go beyond the recitals of the Journals to determine if Act 2381 wasindeed made a as law on 28 Feb 1914.

HELD: The SC looked into the Journals to ascertain the date of adjournment but the SC refused to gobeyond the recitals in the legislative Journals. The said Journals are conclusive on the Court and toinquire into the veracity of the journals of the Philippine Legislature, when they are, as the SC have said,clear and explicit, would be to violate both the letter and the spirit of the organic laws by which thePhilippine Government was brought into existence, to invade a coordinate and independent departmentof the Government, and to interfere with the legitimate powers and functions of the Legislature. Ponswitnesses cannot be given due weight against the conclusiveness of the Journals which is an act of thelegislature. The journals say that the Legislature adjourned at 12 midnight on February 28, 1914. This

settles the question, and the court did not err in declining to go behind these journals. The SC passedupon the conclusiveness of the enrolled bill in this particular case.

CASCO gimenez v

FACTS: This is a petition for review of a decision of the Auditor General denying a claim for refund of

petitioner Casco Philippine Chemical Co., Inc. The Central Bank issued Circulars fixing a uniform marginfee of 25% on foreign exchange transactions. The bank also issued memorandum establishing theprocedure for the applications for exemption from the payment of said fee as provided byRA 2609.CASCO is a manufacturing firm engaged in the making of plywood and other similar items wherein one oftheir production inputs is UREA and FORMALDEHYDE. In two of their import transactions, they paid therequired margin fee. In both of their transactions, they filed a request of refund to the Central Bank andthe CB issued the vouchers but was refused by the Auditor of the Bank. The refusal was also affirmed bythe Auditor General. The refusal was based on the fact that the separate importation of UREA andFORMALDEHYDE is not in accord with the provisions of RA#2609.

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ISSUES: Whether or not the separate importation of UREA and FORMALDEHYDE is allowed underRA#2609.

HELD: The National Institute of Science and Technology defines UREA FORMALDEHYDE as

Urea formaldehyde is not a chemical solution. It is the synthetic resin formed as a condensation product

from definite proportions of urea and formaldehyde under certain conditions relating to temperature,acidity, and time of reaction. This produce when applied in water solution and extended with inexpensivefillers constitutes a fairly low cost adhesive for use in the manufacture of plywood.Hence, urea formaldehyde is clearly a finished product, which is patently distinct and differentfrom urea and formaldehyde , as separate articles used in the manufacture of the syntheticresin known as urea formaldehyde .

If there has been any mistake in the printing of the bill before it was certified by the officers of Congressand approved by the Executive on which we cannot speculate, without jeopardizing the principle ofseparation of powers and undermining one of the cornerstones of our democratic system the remedy isby amendment or curative legislation, not by judicial decree. Decision appealed from is hereby affirmed,with cost against the petitioner.

Astorga v. VillegasG.R. No. L-23475 (April 30, 1974)

FACTS:House Bill No. 9266 was passed from the House of Representatives to the Senate. Senator ArturoTolentino made substantial amendments which were approved by the Senate. The House, without noticeof said amendments, thereafter signed its approval until all the presiding officers of both houses certifiedand attested to the bill. The President also signed it and thereupon became RA 4065. Senator Tolentinomade a press statement that the enrolled copy of House Bill No. 9266 was a wrong version of the billbecause it did not embody the amendments introduced by him and approved by the Senate. Both theSenate President and the President withdrew their signatures and denounced RA 4065 as invalid.Petitioner argued that the authentication of the presiding officers of the Congress is conclusive proof ofa bills due enactment.

ISSUE:W/N House Bill No. 9266 is considered enacted and valid.

HELD:Since both the Senate President and the Chief Executive withdrew their signatures therein, the courtdeclared that the bill was not duly enacted and therefore did not become a law. The Constitution requires

that each House shall keep a journal. An importance of having a journal is that in the absence ofattestation or evidence of the bills due enactment, the court may resort to the journals of the Congress toverify such. Where the journal discloses that substantial amendment were introduced and approved andwere not incorporated in the printed text sent to the President for signature, the court can declare that thebill has not been duly enacted and did not become a law.

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Arroyo v. De Venecia (1997)

QF: Petitioner Arroyo challenges the constitutionality of the passage of RA 8240 on the ground that itviolated the Rules of Proceedings of the House. Court held that the Rules of Proceedings are merelyinternal in nature rather than constitutional requirements for enacting a law.

DOCTRINE: The power to make rules is not one which once exercised is exhausted. It is a continuouspower; always subject to be exercised by the House. A legislative act will not be declared invalid for non-

compliance with rules.

Notes from discussion: The Court will not interfere with rules of proceedings unless: 1. Unconstitutional;2. Infringes on rights of third parties

Facts:A petition was filed challenging the validity of RA 8240, which amends certain provisions of the

National Internal Revenue Code. Petitioners, who are members of the House of Representatives,

charged that there is violation of the rules of the House which petitioners claim are constitutionally-

mandated so that their violation is tantamount to a violation of the Constitution.

The law originated in the House of Representatives. The Senate approved it with certain amendments. Abicameral conference committee was formed to reconcile the disagreeing provisions of the House and

Senate versions of the bill. The bicameral committee submitted its report to the House. During the

interpellations, Rep. Arroyo made an interruption and moved to adjourn for lack of quorum. But after a roll

call, the Chair declared the presence of a quorum. The interpellation then proceeded. After Rep. Arroyosinterpellation of the sponsor of the committee report, Majority Leader Albano moved for the approval and

ratification of the conference committee report. The Chair called out for objections to the motion. Then the

Chair declared: There being none, approved. At the same time the Chair was saying this, Rep. Arroyowas asking, What is thatMr. Speaker? The Chair and Rep. Arroyo were talking simultaneously. Thus,although Rep. Arroyo subsequently objected to the Majority Leaders motion, the approval of theconference committee report had by then already been declared by the Chair.

On the same day, the bill was signed by the Speaker of the House of Representatives and the President

of the Senate and certified by the respective secretaries of both Houses of Congress. The enrolled bill

was signed into law by President Ramos.

Issue: Whether or not RA 8240 is null and void because it was passed in violation of the rules of the

House

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Held:

Rules of each House of Congress are hardly permanent in character. They are subject to revocation,

modification or waiver at the pleasure of the body adopting them as they are primarily procedural. Courts

ordinarily have no concern with their observance. They may be waived or disregarded by the legislative

body. Consequently, mere failure to conform to them does not have the effect of nullifying the act taken if

the requisite number of members has agreed to a particular measure. But this is subject to qualification.

Where the construction to be given to a rule affects person other than members of the legislative body,

the question presented is necessarily judicial in character. Even its validity is open to question in a case

where private rights are involved.

In the case, no rights of private individuals are involved but only those of a member who, instead of

seeking redress in the House, chose to transfer the dispute to the Court.

The matter complained of concerns a matter of internal procedure of the House with which the Court

should not be concerned. The claim is not that there was no quorum but only that Rep. Arroyo was

effectively prevented from questioning the presence of a quorum. Rep. Arroyos earlier motion to adjourn

for lack of quorum had already been defeated, as the roll call established the existence of a quorum. Thequestion of quorum cannot be raised repeatedly especially when the quorum is obviously present for the

purpose of delaying the business of the House.

Ceferino Paredes Jr. vs SandiganbayanOn January 4, 2012

Political Law Suspension of a Member of Congress RA 3019

On 23 Jan 1990, Gelacio, the then vice mayor of San Francisco, Agusan del Sur filed a case againstParedes (who was then the governor of the same province), Atty. Sansaet (counsel of Paredes), andHonrada (the clerk of court). The three allegedly conspired to falsify a copy of a Notice of Arraignmentand of the Transcript of Stenographic Notes. Gelacio claimed that, in fact, no arraignment has ever beenissued against him in a criminal proceeding against him. Gelacio was able to produce a certification fromthe judge handling the case himself that the criminal case against him never reached the arraignmentstage because the prosecution was dismissed. Atty. Sansaet on his part maintained that there wasindeed a Notice of Arraignment but he later retracted his testimonies. Paredes claimed that Sansaet onlychanged his side because of political realignment. Subsequently, the Office of the Ombudsmanrecommended that Paredes et al be charged with Falsification of Public Documents. Paredes appealedbut was eventually denied by the Sandiganbayan.

ISSUE: Whether or not Paredes, now a member of Congress, be suspended by order of theSandiganbayan.

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HELD: The Supreme Court affirmed the order of suspension of Congressman Paredes by theSandiganbayan, despite his protestations on the encroachment by the court on the prerogatives ofcongress. The SC ruled:

x x x. Petitioners invocation of Section 16 (3), Article VI of the Const itution which deals with the powerof each House of Congress inter alia to punish its Members for disorderly behavior, and suspend or

expel a Member by a vote of two-thirds of all its Members subject to the qualification that the penalty ofsuspension, when imposed, should not exceed sixty days is unavailing, as it appears to be quite distinctfrom the suspension spoken of in Section 13 of RA 3019, which is not a penalty but a preliminary,preventive measure, prescinding from the fact that the latter is not being imposed on petitioner formisbehavior as a Member of the House of Representatives.

FIRDAUSI SMAIL ABBAS vs. SENATE ELECTORAL TRIBUNAL

Political Law Inhibition in the Senate Electoral Tribunal

On 9 Oct 1987, the Abbas et al filed before the SET an election contest docketed against 22 candidatesof the LABAN coalition who were proclaimed senators-elect in the May 11, 1987 congressional electionsby the COMELEC. The SET was at the time composed of three (3) Justices of the Supreme Court and six(6) Senators. Abbas later on filed for the disqualification of the 6 senator members from partaking in thesaid election protest on the ground that all of them are interested parties to said case. Abbas argue thatconsiderations of public policy and the norms of fair play and due process imperatively require the massdisqualification sought. To accommodate the proposed disqualification, Abbas suggested the followingamendment: Tribunals Rules (Section 24) - requiring the concurrence of five (5) members for theadoption of resolutions of whatever nature - is a proviso that where more than four (4) members aredisqualified, the remaining members shall constitute a quorum, if not less than three (3) including one (1)Justice, and may adopt resolutions by majority vote with no abstentions. Obviously tailored to fit thesituation created by the petition for disqualification, this would, in the context of that situation, leave theresolution of the contest to the only three Members who would remain, all Justices of this Court, whose

disqualification is not sought.

ISSUE: Whether or not Abbas proposal could be given due weight.

HELD: The most fundamental objection to such proposal lies in the plain terms and intent of theConstitution itself which, in its Article VI, Section 17, creates the Senate Electoral Tribunal, ordains itscomposition and defines its jurisdiction and powers.

Sec. 17. The Senate and the House of Representatives shall each have an Electoral Tribunal whichshall be the sole judge of all contests relating to the election, returns, and qualifications of their respectiveMembers. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justicesof the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members ofthe Senate or the House of Representatives, as the case may be, who shall be chosen on the basis ofproportional representation from the political parties and the parties or organizations registered under theparty-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

It is quite clear that in providing for a SET to be staffed by both Justices of the SC and Members of theSenate, the Constitution intended that both those judicial and legislative components commonly sharethe duty and authority of deciding all contests relating to the election, returns and qualifications ofSenators. The legislative component herein cannot be totally excluded from participation in the resolutionof senatorial election contests, without doing violence to the spirit and intent of the Constitution. It is notto be misunderstood in saying that no Senator-Member of the SET may inhibit or disqualify himself from

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sitting in judgment on any case before said Tribunal. Every Member of the Tribunal may, as hisconscience dictates, refrain from participating in the resolution of a case where he sincerely feels that hispersonal interests or biases would stand in the way of an objective and impartial judgment. What SC issaying is that in the light of the Constitution, the SET cannot legally function as such; absent its entiremembership of Senators and that no amendment of its Rules can confer on the three Justices-Membersalone the power of valid adjudication of a senatorial election contest.

FIRDAUSI SMAIL ABBAS vs. SENATE ELECTORAL TRIBUNAL

Facts:

This is a Special Civil Action for certiorari to nullify and set aside the Resolutions of the Senate Electoral

Tribunal dated February 12, 1988 and May 27, 1988, denying, respectively, the petitioners' Motion for

Disqualification or Inhibition and their Motion for Reconsideration thereafter filed.

Senator Members of the Senate Electoral Tribunal were being asked to inhibit themselves in hearing SET

Case No. 002-87 as they are considered interested parties, therefore leaving the Senate Electoral

Tribunal senateless, and all remaining members coming from the judiciary.

Issue:

WON the SET can function without the Senator members.

Ruling:

The Supreme Court dismissed the petition for certiorari for lack of merit and affirmed the decision of the

Tribunal to not let Senator-Members to inhibit or disqualify himself, rather, just let them refrain fromparticipating in the resolution of a case where he sincerely feels that his personal interests or biases

would stand in the way of an objective and impartial judgment.

Bondoc vs. Pineda201 SCRA 792 G.R. No. 97710September 26, 1991

Facts: In the elections held on May 11, 1987, Marciano Pineda of the LDP and Emigdio Bondoc of the

NP were candidates for the position of Representative for the Fourth District of Pampanga. Pineda wasproclaimed winner. Bondoc filed a protest in the House of Representatives Electoral Tribunal (HRET),which is composed of 9 members, 3 of whom are Justices of the SC and the remaining 6 are members ofthe House of Representatives (5 members belong to the LDP and 1 member is from the NP). Thereafter,a decision had been reached in which Bondoc won over Pineda. Congressman Camasura of the LDPvoted with the SC Justices and Congressman Cerilles of the NP to proclaim Bondoc the winner of thecontest.

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On the eve of the promulgation of the Bondoc decision, Congressman Camasura received a letterinforming him that he was already expelled from the LDP for allegedly helping to organize the PartidoPilipino of Eduardo Cojuangco and for allegedly inviting LDP members in Davao Del Sur to join saidpolitical party. On the day of the promulgation of the decision, the Chairman of HRET received a letterinforming the Tribunal that on the basis of the letter from the LDP, the House of Representatives decidedto withdraw the nomination and rescind the election of Congressman Camasura to the HRET.

Issue: Whether or not the House of Representatives, at the request of the dominant political partytherein, may change that partys representation in the HRET to thwart the promulgation of a decisionfreely reached by the tribunal in an election contest pending therein

Held: The purpose of the constitutional convention creating the Electoral Commission was to provide anindependent and impartial tribunal for the determination of contests to legislative office, devoid of partisanconsideration.

As judges, the members of the tribunal must be non-partisan. They must discharge their functions withcomplete detachment, impartiality and independence even independence from the political party to whichthey belong. Hence, disloyalty to party and breach of party discipline are not valid grounds for theexpulsion of a member of the tribunal. In expelling Congressman Camasura from the HRET for havingcast a conscience vote in favor of Bondoc, based strictly on the result of the examination andappreciation of the ballots and the recount of the votes by the tribunal, the House of Representativescommitted a grave abuse of discretion, an injustice and a violation of the Constitution. Its resolution ofexpulsion against Congressman Camasura is, therefore, null and void.

Another reason for the nullity of the expulsion resolution of the House of Representatives is that it violatesCongressman Camasuras right to security of tenure. Members of the HRET, as sole judge ofcongressional election contests, are entitled to security of tenure just as members of the Judiciary enjoysecurity of tenure under the Constitution. Therefore, membership in the HRET may not be terminatedexcept for a just cause, such as, the expiration of the members congressional term of office, his death,permanent disability, resignation from the political party he represents in the tribunal, formal affiliation withanother political party or removal for other valid cause. A member may not be expelled by the House ofRepresentatives for party disloyalty, short of proof that he has formally affiliated with another.

Bondoc vs. Pineda

G.R. No. 97710, Sept. 26, 1991

HRET has sole and exclusive jurisdiction to judge election contests and qualifications concerningmembers of Congress

For HRET to exercise its exclusive jurisdiction, it must be independent and impartial, a separatebody from the legislative

HRET members are entitled to security of tenure regardless of any change in their politicalaffiliations

HRET members cannot be removed for disloyalty to a party

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FACTS:

Pineda and Bondoc were rival candidates as Representatives of the 4th district. Pineda won in theelections, prompting Bondoc to file a protest with the HRET, which decided in favor of the latter. However,before promulgation of the decision, Congressman Camasuras membership with the HRET waswithdrawn on the ground that he was expelled from the LDP. As such, the decision could not bepromulgated since without Congressman Camasuras vote, the deicison lacks the concurrence of 5members as required by the Rules of the Tribunal.

ISSUES:

Whether or not the House of Representatives can issue a resolution compelling HRET notto promulgate its decision

Whether or not the composition of the HRET may be affected by a change in the politicalalliance of its members

RULING:

HRET is a non-political body

The use of the word "sole" in both Section 17 of the 1987 Constitution and Section 11 of the 1935Constitution underscores the exclusive jurisdiction of the House Electoral Tribunal as judge of contestsrelating to the election, returns and qualifications of the members of the House of Representatives(Robles vs. House of Representatives Electoral Tribunal, G.R. No. 86647, February 5, 1990). The tribunalwas created to function as a nonpartisan court although two-thirds of its members are politicians. It is anon-political body in a sea of politicians. What this Court had earlier said about the Electoral Commissionapplies as well to the electoral tribunals of the Senate and House of Representatives:

Electoral tribunals are independent and impartial

The purpose of the constitutional convention creating the Electoral Commission was to provide anindependent and impartial tribunal for the determination of contests to legislative office, devoid of partisanconsideration, and to transfer to that tribunal all the powers previously exercised by the legislature inmatters pertaining to contested elections of its members.The power granted to the electoral Commission to judge contests relating to the election and qualificationof members of the National Assembly is intended to be as complete and unimpaired as if it had remainedin the legislature.

Electoral tribunals as sole judge of all contests relating to election returns and qualifications of membersof the legislative houses

The Electoral Tribunals of the Senate and the House were created by the Constitution as special tribunalsto be the sole judge of all contests relating to election returns and qualifications of members of thelegislative houses, and, as such, are independent bodies which must be permitted to select their own

employees, and to supervise and control them, without any legislative interference. (Suanes vs. ChiefAccountant of the Senate, 81 Phil. 818.)

To be able to exercise exclusive jurisdiction, the House Electoral Tribunal must be independent. Itsjurisdiction to hear and decide congressional election contests is not to be shared by it with theLegislature nor with the Courts.

The Electoral Commission is a body separate from and independent of the legislature and though not apower in the tripartite scheme of government, it is to all intents and purposes, when acting within the limits

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of its authority, an independent organ; while composed of a majority of members of the legislature it is abody separate from and independent of the legislature.xxx xxx xxx

The Electoral Commission, a constitutional organ created for the specific purpose of determining contestsrelating to election returns and qualifications of members of the National Assembly may not be interferedwith by the judiciary when and while acting within the limits of its authority, but the Supreme Court hasjurisdiction over the Electoral Commission for the purpose of determining the character, scope and extentof the constitutional grant to the commission as sole judge of all contests relating to the election andqualifications of the members of the National Assembly. (Angara vs. Electoral Commission, 63 Phil. 139.)Can the House of Representatives compel the HRET not to promulgate its decision?The independence of the House Electoral Tribunal so zealously guarded by the framers of ourConstitution, would, however, by a myth and its proceedings a farce if the House of Representatives, orthe majority party therein, may shuffle and manipulate the political (as distinguished from the judicial)component of the electoral tribunal, to serve the interests of the party in power.

Removal of HRET member for disloyalty to a party impairs HRET constitutional prerogative

The resolution of the House of Representatives removing Congressman Camasura from the HouseElectoral Tribunal for disloyalty to the LDP, because he cast his vote in favor of the Nacionalista Party's

candidate, Bondoc, is a clear impairment of the constitutional prerogative of the House Electoral Tribunalto be the sole judge of the election contest between Pineda and Bondoc.

To sanction such interference by the House of Representatives in the work of the House ElectoralTribunal would reduce the tribunal to a mere tool for the aggrandizement of the party in power (LDP)which the three justices of the Supreme Court and the lone NP member would be powerless to stop. Aminority party candidate may as well abandon all hope at the threshold of the tribunal.

Is disloyalty to a party a valid cause for termination of membership in the HRET?

As judges, the members of the tribunal must be non-partisan. They must discharge their functions withcomplete detachment, impartiality, and independence even independence from the political party to whichthey belong. Hence, "disloyalty to party" and "breach of party discipline," are not valid grounds for the

expulsion of a member of the tribunal. In expelling Congressman Camasura from the HRET for havingcast a conscience vote" in favor of Bondoc, based strictly on the result of the examination andappreciation of the ballots and the recount of the votes by the tribunal, the House of Representativescommitted a grave abuse of discretion, an injustice, and a violation of the Constitution. Its resolution ofexpulsion against Congressman Camasura is, therefore, null and void.

HRET members enjoy security of tenure

Another reason for the nullity of the expulsion resolution of the House of Representatives is that it violatesCongressman Camasura's right to security of tenure. Members of the HRET as "sole judge" ofcongressional election contests, are entitled to security of tenure just as members of the judiciary enjoysecurity of tenure under our Constitution (Sec. 2, Art. VIII, 1987 Constitution). Therefore, membership inthe House Electoral Tribunal may not be terminated except for a just cause, such as, the expiration of the

member's congressional term of office, his death, permanent disability, resignation from the political partyhe represents in the tribunal, formal affiliation with another political party, or removal for other valid cause.A member may not be expelled by the House of Representatives for "party disloyalty" short of proof thathe has formally affiliated with another political group. As the records of this case fail to show thatCongressman Camasura has become a registered member of another political party, his expulsion fromthe LDP and from the HRET was not for a valid cause, hence, it violated his right to security of tenure.