SECTION 18 Coseteng vs Mitra

8/18/2019 SECTION 18 Coseteng vs Mitra

1/7

SECTION 18. There shall be a Commission on Appointments consisting of the Presidentof the Senate, as ex ocio Chairman, twelve Senators and twelve Members of the Houseof epresentatives, elected b! each House on the basis of proportional representationfrom the political parties and parties or organi"ations registered under the part!#lists!stem represented therein$ The Chairman of the Commission shall not vote, except incase of a tie$ The Commission shall act on all appointments submitted to it within thirt!session da!s of the Congress from their submission$ The Commission shall rule b! a

ma%orit! vote of all the Members$CASE DIGEST:

Coseteng v. Mitra &'$$ (o$ )**+ -ul! ./, .01

FACTS: The congressional elections of Ma! .., .)2 resulted in the election to theHouse of the candidates of diverse political parties such as the P3P#4aban, 4a5as ng6ansa 7468, 4iberal Part! 74P8, (P#9nido, :ilusan ng 6agong 4ipunan 7:648, Panaghiusa,:ababaihan Para sa ;nang 6a!an 7:A;6A8, and some independents$ Petitioner Anna3omini) 43P members out of the /0/ members of the House8 is entitled toonl! nine 78 seats out of the twelve to be lled b! the HouseD

The members representing the political parties, or coalitions thereof, must be nominatedb! their respective political parties or coalitionsD

The nomination and election of respondent @erano#ap b! the respondents asrepresentative of the minorit! was clearl! invalidD and

That similarl! invalid was the retention of respondent Ablan as Minorit! member in theCommission because he was neither nominated nor elected as such b! the minorit!part! or parties in the House$


2/7

Petitioner Coseteng further alleged that she is


3/7

'$$ (o$ )**+

?( 6A(C

'$$ (o$ )**+, -ul! ./, .0

CLS?T?(' et al, P?T;T;L(?S, @S$ M;TA et al, ?SPL(3?(TS$

3 ? C ; S ; L (

GRINOA!UINO" #.:

The congressional elections of Ma! .., .)2 resulted in the election to the House of

epresentatives of the candidates of diverse political parties such as the P3P#4aban,

4a5as ng 6ansa 7468, 4iberal Part! 74P8, (P#9nido, :ilusan ng 6agong 4ipunan 7:648,

Panaghiusa, :ababaihan Para sa ;nang 6a!an 7:A;6A8, and some independents$

Petitioner Anna 3omini) out of /0/ members of the House of


4/7

epresentatives formall! aliated with the 43P, the House committees, including the

House representation in the Commission on Appointments, had to be reorgani"ed$

Ln Lctober ), .)), petitioner Coseteng wrote a letter to Spea5er amon Mitra

re, ollo8$ Her re) 43P members out of the /0/ members of the House8 is entitled

to onl! nine 78 seats out of the twelve to be lled b! the House 7p$ /, ollo8D


5/7

/8 the members representing the political parties, or coalitions thereof, must be

nominated b! their respective political parties or coalitionsD

N8 the nomination and election of respondent @erano#ap b! the respondents as

representative of the minorit! was clearl! invalid 7p$ N., ollo8D and

+8 that similarl! invalid was the retention of respondent Ablan as Minorit! member in the

Commission because he was neither nominated nor elected as such b! the minorit!part! or parties in the House 7p$ N., ollo8$

Petitioner Coseteng further alleged that she is , ..), ollo8$ The! further alleged that as of March N,

.), .*0 members of the House 7including /* former 4iberals8 had expressl! renounced

in writing their respective political part! aliations and formall! aliated with the 43P

leaving onl! .> 4iberals in the House 7p$ .., ollo8$ After its petition for registration as

a political part! was granted on August /), .) b! the =irst 3ivision of the CLM?4?C

and armed on (ovember /N, .) b! the CLM?4?C en banc, the 43P become the new

Ma%orit! in the House$ The! nall! argued that as :A;6A is part of the Coalesced Ma%orit!which supports the administration of President Cora"on C$ A


6/7

FSec$ .)$ There shall be a Commission on Appointments consisting of the President ofthe Senate, as ex ocio Chairman, twelve Senators, and twelve Members of the House ofepresentatives elected b! each House on the basis of proportional representation fromthe political parties and parties or organi"ations registered under the part!#list s!stemrepresented therein$ The chairman of the Commission shall not vote, except in case of atie$ The Commission shall act on all appointments submitted to it within thirt! sessionda!s of the Congress from their submission$ The Commission shall rule b! a ma%orit!vote of all the Members$ 7Art$ @;, .)2 Constitution$8

After deliberating on the petition and the comments of the respondents, we hold that the

petition should be dismissed, not because it raises a political


7/7

members of her part! and the! signed identical indorsements in favor of her rival,

respondent Congresswoman @erano#ap$

There is no merit in the petitioners contention that the House members in the

Commission on Appointments should have been nominated and elected b! their

respective political parties$ The petition itself shows that the! were nominated b! their

respective Ioor leaders in the House$ The! were elected b! the House 7not b! their

part!8 as provided in Section .), Article @; of the Constitution$ The validit! of theirelection to the Commission on Appointments # eleven 7..8 from the Coalesced Ma%orit!

and one from the minorit! is unassailable$

$%EREFORE" the petition is dismissed for lac5 of merit$ Costs against the petitioner$

SL L3??3$

SECTION 18 Coseteng vs Mitra

Documents

Transcript of SECTION 18 Coseteng vs Mitra