In Re Manzano.doc

8/20/2019 In Re Manzano.doc

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In Re: Rodolfo Manzano

Posted on December 8, 2012

Facts:

Judge Manzano fled a petition allowing him to accept the appointment by Ilocos Sur Governor Rodolo !arinas as the

member o Ilocos "orte provincial #ommittee on Justice created pursuant to a Presidential $rder% &e petitioned that his

membership in the #ommittee will not in any way amount to an abandonment to his present position as '(ecutive

Judge o )ranch *I*+ R,#+ -st Judicial region and as a member o .udiciary%

Issue:

/hat is an administrative agency0 /here does it draw the line insoar as administrative unctions are concerned0

Ruling:

,he petition is denied% ,he #onstitution prohibits the designation o members o the Judiciary to any agency

perorming 1uasi2Judicial or 3dministrative unctions 4Sec%-5+3rt%6III+ -789 #onstitution%

Quasi-udicial has a airly clear meaning and Judges can confdently rerain rom participating in the wor; o any

3dministrative 3gency which ad.udicates disputes < controversies involving the rights o parties within its .urisdiction%

!dministrati"e functions are those which involve the regulation and control over the conduct & afairs o individuals

or their own welare and the promulgation o rules and regulations to better carry out the policy o the Legislature or

such as are devolved upon the administrative agency by the organic law o its existence%

=3dministrative unctions> as used in Sec% -5 reers to the Government?s e(ecutive machinery and its perormance o

governmental acts% It reers to the management actions+ determinations+ and orders o e(ecutive o@cials as they

administer the laws and try to ma;e government eAective% ,here is an element o positive action+ o supervision or

control%

In the dissenting opinion o Justice Gutierrez:

3dministrative unctions are those which involve the regulation and control over the conduct and aAairs o individuals

or their own welare and the promulgation o rules and regulations to better carry out the policy o the legislature or

such as are devolved upon the administrative agency by the organic law o its e(istence =we can readily see that

membership in the Provincial or #ity #ommittee on Justice would not involve any regulation or control over the conduct

and aAairs o individuals% "either will the #ommittee on Justice promulgate rules and regulations nor e(ercise any

Buasi2legislative unctions% Its wor; is purely advisory% 3 member o the .udiciary .oining any study group which

concentrates on the administration o .ustice as long as the group merely deliberates on problems involving the

speedy disposition o cases particularly those involving the poor and needy litigants2or detainees+ pools the e(pertise

and e(periences o the members+ and limits itsel to recommendations which may be adopted or re.ected by those

who have the power to legislate or administer the particular unction involved in their implementation%

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Republic o the Philippines

#$%R&M& '($R)

Manila

'" )3"#

!*M* +o* 88--181-R)' (ctober ., 1/88

I+ R&: DI+!)I(+ (F $D& R(D(F( $* M!+!+( !# M&M3&R (F )4& I('(# +(R)& %R(5I+'I!

'(MMI))&& (+ $#)I'&*

%!DI!, J.:

$n C July -788+ Judge Rodolo D% Manzano+ '(ecutive Judge+ R,#+ )angui+ Ilocos "orte+ )ranch -7+ sent this #ourt a

letter which reads:

&on% Marcelo !ernan

#hie Justice o the Supreme #ourt

o the Philippines

Manila

,hru channels: &on% Eeo Medialdea

#ourt 3dministrator

Supreme #ourt o the Philippines

Sir:

)y '(ecutive $rder R!F2C issued on June 5-+ -788 by the &onorable Provincial Governor o Ilocos

"orte+ &on% Rodolo #% !arinas+ I was designated as a member o the Ilocos "orte Provincial #ommittee

on Justice created pursuant to Presidential '(ecutive $rder "o% 8HF o -5 ecember -78F+ as amended

by '(ecutive $rder "o% 5F o June -+ -788% In consonance with '(ecutive $rder R!F2C+ the &onorable

Provincial Governor o Ilocos "orte issued my appointment as a member o the #ommittee% !or yourready reerence+ I am enclosing herewith machine copies o '(ecutive $rder R!F2C and the

appointment%

)eore I may accept the appointment and enter in the discharge o the powers and duties o the

position as member o the Ilocos 4"orte Provincial #ommittee on Justice+ may I have the honor to

reBuest or the issuance by the &onorable Supreme #ourt o a Resolution+ as ollows:

4- 3uthorizing me to accept the appointment and to as assume and discharge the

powers and duties attached to the said positionK

45 #onsidering my membership in the #ommittee as neither violative o the

Independence o the Judiciary nor a violation o Section -5+ 3rticle 6III+ or o the secondparagraph o Section %9+ 3rticle I* 4)+ both o the #onstitution+ and will not in any way

amount to an abandonment o my present position as '(ecutive Judge o )ranch *I*+

Regional ,rial #ourt+ !irst Judicial Region+ and as a member o the JudiciaryK and

4 #onsider my membership in the said #ommittee as part o the primary unctions o

an '(ecutive Judge%

May I please be avored soon by your action on this reBuest%

6ery respectully yours+


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4Sgd R$$E!$ D% M3"L3"$

Judge

3n e(amination o '(ecutive $rder "o% 8HF+ as amended+ reveals that Provincial#ity #ommittees on Justice are

created to insure the speedy disposition o cases o detainees+ particularly those involving the poor and indigent ones+

thus alleviating .ail congestion and improving local .ail conditions% 3mong the unctions o the #ommittee areN

% Receive complaints against any apprehending o@cer+ .ail warden+ fnal or .udge who may be ound

to have committed abuses in the discharge o his duties and reer the same to proper authority or

appropriate actionK

%H Recommend revision o any law or regulation which is believed pre.udicial to the proper

administration o criminal .ustice%

It is evident that such Provincial#ity #ommittees on Justice perorm administrative unctions% 3dministrative unctions

are those which involve the regulation and control over the conduct and aAairs o individuals orK their own welare and

the promulgation o rules and regulations to better carry out the policy o the legislature or such as are devolved upon

the administrative agency by the organic law o its e(istence 4"asipit Integrated 3rrastre and Stevedoring Services

Inc%+ vs% ,apucar+ SP29H772R+ 57 September -798+ )lac;s Eaw ictionary%

!urthermore+ under '(ecutive $rder "o% 5F amending '(ecutive $rder "o% 8HF+ it is provided thatN

Section F% Supervision%N,he Provincial#ity #ommittees on Justice shall be under the supervision o

the Secretary o .ustice 1uarterly accomplishment reports shall be submitted to the $@ce o the

Secretary o Justice%

Dnder the #onstitution+ the members o the Supreme #ourt and other courts established by law shag not be

designated to any agency perorming Buasi2 .udicial or administrative unctions 4Section -5+ 3rt% 6III+ #onstitution%

#onsidering that membership o Judge Manzano in the Ilocos "orte Provincial #ommittee on Justice+ which discharges a

administrative unctions+ will be in violation o the #onstitution+ the #ourt is constrained to deny his reBuest%

!ormer #hie Justice 'nriBue M% !ernando in his concurring opinion in the case o Garcia vs% Macaraig 47 S#R3 -F

ably sets orth:

5% /hile the doctrine o separation o powers is a relative theory not to be enorced with pedantic rigor

the practical demands o government precluding its doctrinaire application+ it cannot .ustiy a member

o the .udiciary being reBuired to assume a position or perorm a duty non2.udicial in character% ,hat is

implicit in the principle% $therwise there is a plain departure rom its command% ,he essence o the

trust reposed in him is to decide% $nly a higher court+ as was emphasized by Justice )arredo+ can pass

on his actuation% &e is not a subordinate o an e(ecutive or legislative o@cial+ however eminent% It is

indispensable that there be no e(ception to the rigidity o such a norm i he is+ as e(pected+ to be

confned to the tas; o ad.udication% !idelity to his sworn responsibility no less than the maintenance o

respect or the .udiciary can be satisfed with nothing less%

,his declaration does not mean that R,# Judges should adopt an attitude o monastic insensibility or unbecoming

indiAerence to Province#ity #ommittee on Justice% 3s incumbent R,# Judges+ they orm part o the structure o

government% ,heir integrity and perormance in the ad.udication o cases contribute to the solidity o such structure%

3s public o@cials+ they are trustees o an orderly society% 'ven as non2members o Provincial#ity #ommittees on

Justice+ R,# .udges should render assistance to said #ommittees to help promote the laudable purposes or which they

e(ist+ but only when such assistance may be reasonably incidental to the ulfllment o their .udicial duties%

3##$RI"GEO+ the aoresaid reBuest o Judge Rodolo D% Manzano is '"I'%

S$ $R'R'%

Cruz, Paras, eliciano, !ancayco, "idin, Sarmiento, Cortes, #edialdea and $egalado, %%, concur


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#e6arate (6inions

$)I&RR&, R*, J., dissenting:

,he #onstitution prohibits the designation o members o the .udiciary to any agency perorming Buasi2.udicial or

administrative unctions 4Section -5+ 3rticle 6III+ #onstitution%%

Insoar as the term Buasi2.udicial is concerned+ it has a airly clear meaning and Judges can confdently rerain rom

participating in the wor; o any administrative agency which ad.udicates disputes and controversies involving the

rights o parties within its .urisdiction% ,he issue involved in this case is where to draw the line insoar as administrative

unctions are concerned%

3dministrative unctions as used in Section -5 reers to the e(ecutive machinery o government and the perormance

by that machinery o governmental acts% It reers to the management actions+ determinations+ and orders o e(ecutive

o@cials as they administer the laws and try to ma;e government eAective% ,here is an element o positive action+ o

supervision or control%

3pplying the defnition given in the opinion o the ma.ority which reads:

3dministrative unctions are those which involve the regulation and control over the conduct and

aAairs o individuals or their own welare and the promulgation o rules and regulations to better carry

out the policy o the legislature or such as are devolved upon the administrative agency by the organic

law o its e(istence 4"asipit Integrated 3rrastre and Stevedoring Services Inc% v% ,apucar+ S%P29H772R+

57 September -798+ )lac;Qs Eaw ictionary%

we can readily see that membership in the Provincial or #ity #ommittee on Justice would not involve any regulation orcontrol over the conduct and aAairs o individuals% "either will the #ommittee on Justice promulgate rules and

regulations nor e(ercise any Buasi2legislative unctions% Its wor; is purely advisory% I do not see anything wrong in a

member o the .udiciary .oining any study group which concentrates on the administration o .ustice as long as the

group merely deliberates on problems involving the speedy disposition o cases particularly those involving the poor

and needy litigants or detainees+ pools the e(pertise and e(periences o the members+ and limits itsel to

recommendations which may be adopted or re.ected by those who have the power to legislate or administer the

particular unction involved in their implementation%

/e who are Judges cannot operate in a vacuum or in a tight little world o our own% ,he administration o .ustice

cannot be pigeonholed into neat compartments with Judges+ !iscals+ Police+ /ardens+ and various other o@cials

concerned erecting water2tight barriers against one another and limiting our interaction to timidly peeping over these

unnecessary and impractical barriers into one anotherQs wor;+ all the while blaming the #onstitution or such a Bui(oticand unreal interpretation% 3s intimated in the ma.ority opinion+ we should not be monastically insensible or indiAerent

to pro.ects or movements cogitating on possible solutions to our common problems o .ustice and aterwards

orwarding their fndings to the people+ public or private+ where these fndings would do the most good%

,he ma.ority opinion suggests the giving o assistance by Judges to the wor; o the #ommittees on Justice% 3ssistance

is a vague term% #an Judges be designated as observers0 3dvisers0 #onsultants0 Is it the act o being designated

which is proscribed by the #onstitution or is it participation in the prohibited unctions0 I .udges cannot become

members+ why should they be allowed or even encouraged to assist these #ommittees ,he line drawn by the ma.ority

is vague and unrealistic%


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,he constitutional provision is intended to shield Judges rom participating in activities which may compromise their

independence or hamper their wor;% Studying problems involving the administration o .ustice and arriving at purely

recommendatory solutions do not in any way involve the encroachment o% the .udiciary into e(ecutive or legislative

unctions or into matters which are none o its concerns% Much less is it an encroachment o the other departments into

.udicial aAairs%

3s the visible representation o the law and o .ustice in his community+ the Judge should not shy away rom public

activities which do not interere with the prompt and proper perormance o his o@ce+ but which+ in act+ enhance his

eAectiveness as a Judge% &e cannot stop mingling in civic intercourse or shut himsel into solitary seclusion% ,he

#ommittees on Justice will also be immensely benefted by the presence o Judges in the study groups% ,he wor; o the#ommittees is Buite important% Eet it not be said that the Judges the o@cials most concerned with .ustice have

hesitated to .oin in such a worthy underta;ing because o a strained interpretation o their unctions%

It is well or this #ourt to be generally cautious+ conservative or restrictive when it interprets provisions o the

#onstitution or statutes vesting us with powers or delimit the e(ercise o our .urisdiction and unctions% &owever+ we

should not overdo it% ,he basic principles o constitutional interpretation apply as well to the provisions which defne or

circumscribe our powers and unctions as they do to the provisions governing the other dependents o government%

,he #ourt should not adopt a strained construction which impairs its own e@ciency to meet the responsibilities

brought about by the changing times and conditions o society% ,he amiliar Buotation is apt in this caseNconstitutional

provisions are interpreted by the spirit which vivifes and not by the letter which ;illeth%

I+ thereore+ dissent rom the ma.ority opinion and vote to allow Judge Rodolo D%

ernan C%, 'arvasa and !ri(o)*+uino, %%, oin in !utierrez dissent

M&&+'I(-4&RR&R!, J., dissenting:

I hesitate to give such a restrictive and impractical interpretation to Section -5+ 3rticle 6III o the -789 #onstitution+

and thus .oin the dissent o Justice Gutierrez+ Jr%

/hat I believe is contemplated by the #onstitutional prohibition is designation+ or e(ample+ to such Buasi2.udicial

bodies as the S'#+ or administrative agencies li;e the )IR% ,hose are ull2time positions involving running the aAairs o

government+ which will interere with the discharge o .udicial unctions or totally remove a JudgeJustice rom the

perormance o his regular unctions%

,he #ommittee on Justice cannot be li;ened to such an administrative agency o government% It is a study group with

recommendatory unctions% In act+ membership by members o the )ench in said committee is called or by reason o

the primary unctions o their position%

,he matter o supervision by the Secretary o Justice provided or under '%$% "o% 5F amending '%$% "o% 8HF+ need not

be a cause or concern% ,hat supervision is confned to #ommittee wor; and will by no means e(tend to the

perormance o .udicial unctions per se

Manzano to become a member o the Ilocos "orte Provincial #ommittee on Justice%

#e6arate (6inions

$)I&RR&, R*, J., dissenting:

,he #onstitution prohibits the designation o members o the .udiciary to any agency perorming Buasi2.udicial or

administrative unctions 4Section -5+ 3rticle 6III+ #onstitution%%

Insoar as the term Buasi2.udicial is concerned+ it has a airly clear meaning and Judges can confdently rerain rom

participating in the wor; o any administrative agency which ad.udicates disputes and controversies involving the


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rights o parties within its .urisdiction% ,he issue involved in this case is where to draw the line insoar as administrative

unctions are concerned%

3dministrative unctions as used in Section -5 reers to the e(ecutive machinery o government and the perormance

by that machinery o governmental acts% It reers to the management actions+ determinations+ and orders o e(ecutive

o@cials as they administer the laws and try to ma;e government eAective% ,here is an element o positive action+ o

supervision or control%

3pplying the defnition given in the opinion o the ma.ority which reads:

3dministrative unctions are those which involve the regulation and control over the conduct and

aAairs o individuals or their own welare and the promulgation o rules and regulations to better carry

out the policy o the legislature or such as are devolved upon the administrative agency by the organic

law o its e(istence 4"asipit Integrated 3rrastre and Stevedoring Services Inc% v% ,apucar+ S%P29H772R+

57 September -798+ )lac;Qs Eaw ictionary%

we can readily see that membership in the Provincial or #ity #ommittee on Justice would not involve any regulation or

control over the conduct and aAairs o individuals% "either will the #ommittee on Justice promulgate rules and

regulations nor e(ercise any Buasi2legislative unctions% Its wor; is purely advisory% I do not see anything wrong in a

member o the .udiciary .oining any study group which concentrates on the administration o .ustice as long as the

group merely deliberates on problems involving the speedy disposition o cases particularly those involving the poor

and needy litigants or detainees+ pools the e(pertise and e(periences o the members+ and limits itsel torecommendations which may be adopted or re.ected by those who have the power to legislate or administer the

particular unction involved in their implementation%

/e who are Judges cannot operate in a vacuum or in a tight little world o our own% ,he administration o .ustice

cannot be pigeonholed into neat compartments with Judges+ !iscals+ Police+ /ardens+ and various other o@cials

concerned erecting water2tight barriers against one another and limiting our interaction to timidly peeping over these

unnecessary and impractical barriers into one anotherQs wor;+ all the while blaming the #onstitution or such a Bui(otic

and unreal interpretation% 3s intimated in the ma.ority opinion+ we should not be monastically insensible or indiAerent

to pro.ects or movements cogitating on possible solutions to our common problems o .ustice and aterwards

orwarding their fndings to the people+ public or private+ where these fndings would do the most good%

,he ma.ority opinion suggests the giving o assistance by Judges to the wor; o the #ommittees on Justice% 3ssistance

is a vague term% #an Judges be designated as observers0 3dvisers0 #onsultants0 Is it the act o being designated

which is proscribed by the #onstitution or is it participation in the prohibited unctions0 I .udges cannot become

members+ why should they be allowed or even encouraged to assist these #ommittees ,he line drawn by the ma.ority

is vague and unrealistic%

,he constitutional provision is intended to shield Judges rom participating in activities which may compromise their

independence or hamper their wor;% Studying problems involving the administration o .ustice and arriving at purely

recommendatory solutions do not in any way involve the encroachment o% the .udiciary into e(ecutive or legislative

unctions or into matters which are none o its concerns% Much less is it an encroachment o the other departments into

.udicial aAairs%

3s the visible representation o the law and o .ustice in his community+ the Judge should not shy away rom public

activities which do not interere with the prompt and proper perormance o his o@ce+ but which+ in act+ enhance hiseAectiveness as a Judge% &e cannot stop mingling in civic intercourse or shut himsel into solitary seclusion% ,he

#ommittees on Justice will also be immensely benefted by the presence o Judges in the study groups% ,he wor; o the

#ommittees is Buite important% Eet it not be said that the Judges the o@cials most concerned with .ustice have

hesitated to .oin in such a worthy underta;ing because o a strained interpretation o their unctions%

It is well or this #ourt to be generally cautious+ conservative or restrictive when it interprets provisions o the

#onstitution or statutes vesting us with powers or delimit the e(ercise o our .urisdiction and unctions% &owever+ we

should not overdo it% ,he basic principles o constitutional interpretation apply as well to the provisions which defne or

circumscribe our powers and unctions as they do to the provisions governing the other dependents o government%

,he #ourt should not adopt a strained construction which impairs its own e@ciency to meet the responsibilities


7/24

brought about by the changing times and conditions o society% ,he amiliar Buotation is apt in this caseNconstitutional

provisions are interpreted by the spirit which vivifes and not by the letter which ;illeth%

I+ thereore+ dissent rom the ma.ority opinion and vote to allow Judge Rodolo D% Manzano to become a member o the

Ilocos "orte Provincial #ommittee on Justice%

ernan C%, 'arvasa and !ri(o)*+uino, %%, oin in !utierrez dissent

M&&+'I(-4&RR&R!, J., dissenting:

I hesitate to give such a restrictive and impractical interpretation to Section -5+ 3rticle 6III o the -789 #onstitution+

and thus .oin the dissent o Justice Gutierrez+ Jr%

/hat I believe is contemplated by the #onstitutional prohibition is designation+ or e(ample+ to such Buasi2.udicial

bodies as the S'#+ or administrative agencies li;e the )IR% ,hose are ull2time positions involving running the aAairs o

government+ which will interere with the discharge o .udicial unctions or totally remove a JudgeJustice rom the

perormance o his regular unctions%

,he #ommittee on Justice cannot be li;ened to such an administrative agency o government% It is a study group with

recommendatory unctions% In act+ membership by members o the )ench in said committee is called or by reason o

the primary unctions o their position%

,he matter o supervision by the Secretary o Justice provided or under '%$% "o% 5F amending '%$% "o% 8HF+ need not

be a cause or concern% ,hat supervision is confned to #ommittee wor; and will by no means e(tend to the

perormance o .udicial unctions per se

!+!R! 5# &&')(R! '(MMI##I(+

%osted b7 a7e lee on 9:28 %M

*R* +o* -.081 ul7 1. 1/9

!3#,S:

Jose 3ngara and Pedro Onsua+ Miguel #astillo and ionisio Mayor were candidates voted or the position o member o

the "ational 3ssembly or the -st district o ,ayabas province%

$n $ct -9 -7H+ the provincial board o canvassers proclaimed 3ngara as member2elect o the "atQl 3ssembly or

garnering the most number o votes% &e then too; his oath o o@ce on "ov -Hth% $n ec rd+ "atQl 3ssembly passed

Res% "o 8 which declared with fnality the victory o 3ngara% $n ec 8+ Onsua fled beore the 'lectoral #ommission a

motion o protest against the election o 3ngara+ that he be declared elected member o the "atQl 3ssembly% 'lectoral

#ommission passed a resolution in ec 7th as the last day or the fling o the protests against the election+ returns

and Bualifcations o the members o the "ational 3ssembly% $n ec 5+ 3ngara fled beore the 'lec% #ommission a

motion to dismiss the protest that the protest in Buestion was fled out o the prescribed period% ,he 'lec% #ommissiondenied 3ngaraQs petition%

3ngara prayed or the issuance o writ o prohibition to restrain and prohibit the 'lectoral #ommission ta;ing urther

cognizance o OnsuaQs protest% &e contended that the #onstitution coners e(clusive .urisdiction upon the said 'lectora

#ommissions as regards the merits o contested elections to the "atQl 3ssembly and the Supreme #ourt thereore has

no .urisdiction to hear the case%

ISSD':

/hether or not the S# has .urisdiction over the 'lectoral #ommission and the sub.ect matter o the controversyK

/hether or not ,he 'lectoral #ommission has acted without or in e(cess o its .urisdiction%

http://skinnycases.blogspot.com/2013/11/angara-vs-electoral-commission.htmlhttp://skinnycases.blogspot.com/2013/11/angara-vs-electoral-commission.html


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RDEI"G:

In this case+ the nature o the present controversy shows the necessity o a fnal constitutional arbiter to determine the

conict o authority between two agencies created by the #onstitution% ,he court has .urisdiction over the 'lectoral

#ommission and the sub.ect matter o the present controversy or the purpose o determining the character+ scope

and e(tent o the constitutional grant to the 'lectoral #ommission as the sole .udge o all contests relating to the

election+ returns and Bualifcations o the members o the "ational 3ssembly% 4Sec C 3rt% 6I -7H #onstitution% It isheld+ thereore+ that the 'lectoral #ommission was acting within the legitimate e(ercise o its constitutional prerogative

in assuming to ta;e cognizance o the election protest fled by Onsua%

!ngara "s* &lectoral 'ommission DigestedAngara vs. Electoral Commission 63 Phil 139

DOCTRINE OF SUPREMACY OF THE CONSTITUTION

FACTS:

In the elections of Sept. 17, 1935, petitioner Jose A. Angara and the respondents Pedro Ynsua, Miguel astillo, and !ionisio Ma"or

#ere candidates for the position of $e$%ers of the &ational Asse$%l" for the first district of 'a"a%as.

(n (ct. 7, 1935, the pro)incial %oard of can)assers proclai$ed Angara as $e$%er*elect of the &ational Asse$%l" and on &o). 15,

1935, he too+ his oath of office.

(n !ec. 3, 1935, the &ational Asse$%l" passed esolution &o. -, #hich in effect, fied the last date to file election protests.

(n !ec. -, 1935, Ynsua filed %efore the /lectoral o$$ission a 0Motion of Protest0 against Angara and pra"ing, a$ong other things,that Ynsua %e na$eddeclared elected Me$%er of the &ational Asse$%l" or that the election of said position %e nullified.

(n !ec. 9, 1935, the /lectoral o$$ission adopted a resolution 2&o. 4 stating that last da" for filing of protests is on !ec.

9. Angara contended that the onstitution confers eclusi)e urisdiction upon the /lectoral o$$ission solel" as regards the $erits

of contested elections to the &ational Asse$%l" and the Supre$e ourt therefore has no urisdiction to hear the case.

ISSUES:


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6hether or not the Supre$e ourt has urisdiction o)er the /lectoral o$$ission and the su%ect $atter of the contro)ers" upon

the foregoing related facts, and in the affir$ati)e,

RULING:

In the case at %ar, here is then presented an actual contro)ers" in)ol)ing as it does a conflict of a gra)e constitutional nature

%et#een the &ational Asse$%l" on one hand, and the /lectoral o$$ission on the other. Although the /lectoral o$$ission $a" not

%e interfered #ith, #hen and #hile acting #ithin the li$its of its authorit", it does not follo# that it is %e"ond the reach of the

constitutional $echanis$ adopted %" the people and that it is not su%ect to constitutional restrictions. 'he /lectoral o$$ission is

not a separate depart$ent of the go)ern$ent, and e)en if it #ere, conflicting clai$s of authorit" under the funda$ental la#

%et#een depart$ental po#ers and agencies of the go)ern$ent are necessaril" deter$ined %" the udiciar" in usticia%le and

appropriate cases.

'he court has urisdiction o)er the /lectoral o$$ission and the su%ect $atter of the present contro)ers" for the purpose of

deter$ining the character, scope, and etent of the constitutional grant to the /lectoral o$$ission as 0the sole udge of all

contests relating to the election, returns, and ualifications of the $e$%ers of the &ational Asse$%l".0

'he /lectoral o$$ission #as created to transfer in its totalit" all the po#ers pre)iousl" eercised %" the legislature in $atters

pertaining to contested elections of its $e$%ers, to an independent and i$partial tri%unal. 'he epress lodging of that po#er in

the /lectoral o$$ission is an i$plied denial in the eercise of that po#er %" the &ational Asse$%l". And thus, it is as effecti)e a

restriction upon the legislati)e po#er as an epress prohi%ition in the onstitution.

'herefore, the incidental po#er to pro$ulgate such rules necessar" for the proper eercise of its eclusi)e po#er to udge all

contests relating to the election, returns, and ualifications of $e$%ers of the &ational Asse$%l", $ust %e dee$ed %" necessar"

i$plication to ha)e %een lodged also in the /lectoral o$$ission.

It appears that on !ec. 9, 1935, the /lectoral o$$ission $et for the first ti$e and appro)ed a resolution fiing said date as the

last da" for the filing of election protests. 6hen, therefore, the &ational Asse$%l" passed its resolution of !ec. 3, 1935, confir$ing

the election of the petitioner to the &ational Asse$%l", the /lectoral o$$ission had not "et $et8 neither does it appear that said

%od" had actuall" %een organied.

6hile there $ight ha)e %een good reason for the legislati)e practice of confir$ation of the election of $e$%ers of the legislature at

the ti$e the po#er to decide election contests #as still lodged in the legislature, confir$ation alone %" the legislature cannot %e

construed as depri)ing the /lectoral o$$ission of the authorit" incidental to its constitutional po#er to %e 0the sole udge of all

contests...0, to fi the ti$e for the filing of said election protests.

'he /lectoral o$$ission #as acting #ithin the legiti$ate eercise of its constitutional prerogati)e in assu$ing to ta+e cogniance

of the protest filed %" the respondent, Pedro Ynsua against the election of the herein petitioner, Jose A. Angara, and that the

resolution of the &ational Asse$%l" on !ec. 3, 1935, cannot in an" $anner toll the ti$e for filing protest against the election,

returns, and ualifications of the $e$%ers of the &ational Asse$%l", nor pre)ent the filing of protests #ithin such ti$e as the rules

of the /lectoral o$$ission $ight prescri%e.

'he petition for a #rit of prohi%ition against the electoral co$$ission is here%" denied, #ith cost against the petitioner.


10/24

#e6aration of %o;ers

F!')#: In the elections o September -7H+ Jose 3ngara+ Pedro Onsua+ Miguel #astillo and ionisio Mayor were

candidates voted or the position o member o the "ational 3ssembly in the frst district o ,ayabas% ,he petitioner

was proclaimed member2elect or the said district or receiving the most number o votes and thereater too; his oath

in o@ce% 3 Motion o Protest was fled by Onsua against the election o the petitioner% ,he petitioner countered this with

a Motion to ismiss the Protest which was denied by the 'lectoral #ommission%

I##$: /hether the Supreme #ourt has .urisdiction over the 'lectoral #ommission and the sub.ect matter o the

controversyK and

/hether the said 'lectoral #ommission acted without or in e(cess o its .urisdiction in assuming cognizance o the

protest fled over the election o herein petitioner%

4&D: ,he "ational 3ssembly operates as a chec; on the '(ecutive in the sense that its consent through its

#ommission on 3ppointments is necessary in the appointments o certain o@cersK and the concurrence o a ma.ority o

all its members is essential to the conclusion o treaties% !urthermore+ its power to determine what courts other than

the Supreme #ourt shall be established+ to defne their .urisdiction and to appropriate unds or their support+ the

"ational 3ssembly controls the .udicial department to a certain e(tent% ,he 3ssembly also e(ercises the .udicial power

o trying impeachments% ,he Judiciary+ in turn+ with the Supreme #ourt as the fnal arbiter eAectively chec;s the other

departments in the e(ercise o its power to determine the law+ and hence to declare e(ecutive and legislative acts void

i violative o the #onstitution% ,his power o has been stated in Section 5+ 3rticle 6III o the #onstitution%

Section C+ 3rticle 6I o the #onstitution provides that =( ( ( ,he 'lectoral #ommission shall be the sole .udge o all

contests relating to the election+ returns and Bualifcations o the members o the "ational 3ssembly%> In view o thedeliberations o the ramers o the #onstitution+ it is held that the 'lectoral #ommission was acting within the

legitimate e(ercise o its constitutional prerogative in assuming to ta;e cognizance o the protest fled by the

respondent Onsua% ,he petition o writ o prohibition against the 'lectoral #ommission is hereby denied%

(#& !* !+!R! "s )4& &&')(R! '(MMI##I(+ *R* +o* -.081, ul7 1., 1/9

LAUREL, J.:

Facts:

In the elections of September 17, 19!, the petitioner, Jose A. An"ara, an# the respon#ents, $e#ro %ns&a, 'i"&el (astillo an# )ionisio

'a*or, +ere can#i#ates ote# for the position of member of the -ational Assembl* for the first #istrict of the $roince of a*abas.

/n /ctober 7, 19!, the proincial boar# of canassers, proclaime# the petitioner as member0elect of the -ational Assembl* for the sai#

#istrict, for hain" receie# the most n&mber of otes.


11/24

/n )ecember , 19!, the herein respon#ent $e#ro %ns&a file# before the Electoral (ommission a 2'otion of $rotest3 a"ainst the

election of the herein petitioner, Jose A. An"ara, bein" the onl* protest file# after the passa"e of Resol&tions -4. confirmin" the

election of the members of the -ational Assembl* a"ainst +hom no protest ha# th&s far been file#o. $ra*in", amon" other0thin"s, that

sai# respon#ent be #eclare# electe# member of the -ational Assembl* for the first #istrict of a*abas, or that the election of sai#

position be n&llifie#

Iss&e:

5as the S&preme (o&rt 6&ris#iction oer the Electoral (ommission an# the s&b6ect matter of the controers* &pon the fore"oin" relate#

facts, an# in the affirmatie

5EL):

he separation of po+ers is a f&n#amental principle in o&r s*stem of "oernment. It obtains not thro&"h e8press proision b&t b* act&al

#iision in o&r (onstit&tion. Each #epartment of the "oernment has e8cl&sie co"niance of matters +ithin its 6&ris#iction, an# is

s&preme +ithin its o+n sphere. &t it #oes not follo+ from the fact that the three po+ers are to be ;ept separate an# #istinct that the

(onstit&tion inten#e# them to be absol&tel* &nrestraine# an# in#epen#ent of each other. he (onstit&tion has proi#e# for an

elaborate s*stem of chec;s an# balances to sec&re coor#ination in the +or;in"s of the ario&s #epartments of the "oernment. For

e8ample, the (hief E8ec&tie &n#er o&r (onstit&tion is so far ma#e a chec; on the le"islatie po+er that this assent is re


12/24

>b? hat the s*stem of chec;s an# balances an# the oerlappin" of f&nctions an# #&ties often ma;es #iffic&lt the #elimitation of the

po+ers "rante#.

>c? hat in cases of conflict bet+een the seeral #epartments an# amon" the a"encies thereof, the 6iciar*, +ith the S&preme (o&rt as

the final arbiter, is the onl* constit&tional mechanism #eise# finall* to resole the conflict an# allocate constit&tional bo&n#aries.

>#? hat 6icial s&premac* is b&t the po+er of 6icial reie+ in act&al an# appropriate cases an# controersies, an# is the po+er an#

#&t* to see that no one branch or a"enc* of the "oernment transcen#s the (onstit&tion, +hich is the so&rce of all a&thorit*.

>e? hat the Electoral (ommission is an in#epen#ent constit&tional creation +ith specific po+ers an# f&nctions to e8ec&te an# perform

closer for p&rposes of classification to the le"islatie than to an* of the other t+o #epartments of the "oernments.

>f ? hat the Electoral (ommission is the sole 6"e of all contests relatin" to the election, ret&rns an# "? hat &n#er the or"anic la+ preailin" before the present (onstit&tion +ent into effect, each ho&se of the le"islat&re +as respectiel*

the sole 6"e of the elections, ret&rns, an# h? hat the present (onstit&tion has transferre# all the po+ers preio&sl* e8ercise# b* the le"islat&re +ith respect to contests relatin"

to the elections, ret&rns an# i? hat s&ch transfer of po+er from the le"islat&re to the Electoral (ommission +as f&ll, clear an# complete, an# carrie# +ith it e8

necesitate rei the implie# po+er inter alia to prescribe the r&les an# re"&lations as to the time an# manner of filin" protests.

> 6? hat the ao+e# p&rpose in creatin" the Electoral (ommission +as to hae an in#epen#ent constit&tional or"an pass &pon all

contests relatin" to the election, ret&rns an# ;? hat section @ of article I of the (onstit&tion repeale# not onl* section 1 of the Jones La+ ma;in" each ho&se of the $hilippine

Le"islat&re respectiel* the sole 6"e of the elections, ret&rns an#


13/24

>m? hat confirmation b* the -ational Assembl* of the election of an* member a"ainst +hom no protest ha# been file# prior to sai#

confirmation, #oes not an# cannot #eprie the Electoral (ommission of its inci#ental po+er to prescribe the time +ithin +hich protests

a"ainst the election of an* member of the -ational Assembl* sho&l# be file#.

Be hol#, therefore, that the Electoral (ommission +as actin" +ithin the le"itimate e8ercise of its constit&tional prero"atie in ass&min"

to ta;e co"niance of the protest file# b* the respon#ent $e#ro %ns&a a"ainst the election of the herein petitioner Jose A. An"ara, an#

that the resol&tion of the -ational Assembl* of )ecember , 19! can not in an* manner toll the time for filin" protests a"ainst the

elections, ret&rns an#

Section 5 o 3rticle *I does not stigmatize the issue in that electoral protest case with a political color% !or simply+ that

section allocated unto the "ational 3ssembly the power to enact a local government code which may not thereater

be amended e(cept by a ma.ority o all its Members+ defning a more responsive and accountable local government

allocating among the diAerent local government units their powers+ responsibilities+ and resources+ and providing or

their Bualifcations+ election and removal+ term+ salaries+ powers+ unctions and duties o local o@cials+ and all other


14/24

matters relating to the organization and operation o the local units but %%% any change in the e(isting orm o local

government shall not ta;e eAect until ratifed by a ma.ority o the votes cast in a plebiscite called or the purpose%

'asibang "s !


15/24

)anada "s 'uenco, 109 %=il* 10.1

After the 19!! national elections, the membership in the Senate +as oer+helmin"l* occ&pie# b* the -acionalista $art*. he lone

opposition senator +as Loreno aCa#a +ho belon"e# to the (itienDs $art*. )ios#a#o 'acapa"al on the other han# +as a senatorial

can#i#ate +ho lost the bi# b&t +as contestin" it before the Senate Electoral rib&nal >SE?. &t prior to a #ecision the SE +o&l# hae

to choose its members. It is proi#e# that the SE sho&l# be compose# of 9 members comprise# of the follo+in": 6&stices of the

S&preme (o&rt, senators from the ma6orit* part* an# senators from the minorit* part*. &t since there is onl* one minorit* senator

the other t+o SE members s&ppose# to come from the minorit* +ere fille# in b* the -$. aCa#a assaile# this process before the

S&preme (o&rt. So #i# 'acapa"al beca&se he #eeme# that if the SE +o&l# be #ominate# b* -$ senators then he, as a member of the

Liberalista $art* +ill not hae an* chance in his election contest. Senator 'ariano (&enco et al >members of the -$? aerre# that the

S&preme (o&rt cannot ta;e co"niance of the iss&e beca&se it is a political


16/24

he nomination of the last t+o members >+ho +o&l# fill in the s&ppose# seat of the minorit* members? m&st not come from the

ma6orit* part*. In this case, the (hairman of the SE, apparentl* alrea#* appointe# members that +o&l# fill in the minorit* seats >een

tho&"h those +ill come from the ma6orit* part*?. his is still ali# proi#e# the ma6orit* members of the SE >referrin" to those le"all*

sittin"? conc&rre# +ith the (hairman. esi#es, the SE ma* set its o+n r&les in sit&ations li;e this proi#e# s&ch r&les compl* +ith the

(onstit&tion.

Separation of powers3. TANADA !ACAPA"A# $S. C%ENC& ET. A#.

Petition for Certiorari & Preliminary Injunction

Ponente: Justice ConcepcionPersonalities: Lorenzo Tañada

Diosdado MacapagalPetitioners

Mariano Jesus Cuencorancisco Delgado

!lfredo Cruz

Catalina CayetanoManuel "erapioPlacido #eyesernando $ipolitoRespondents

Tañada% Teean'ee & Macapagalfor petitioners

"olicitior (eneral !m)rosio Padilla"olicitor Troadio *uizon Jr+For respondents

!CT":,n e)+ --% ./01% te "enate on )ealf of te 2acionalista Party elected respondents Cuenco & Delgado as mem)ers of te

"enate 3lectoral Tri)unal upon te nomination of "enator Primicias% an 2P mem)er+ Te t4o seats% originally for minority partynominees% 4ere filled 4it 2P mem)ers to meet te Constitutional mandate under "ec+ - !rt+ 1% o5er te o)jections of lone CitizenParty "enator Tañada+ Conse6uently% te Cairman of te Tri)unal appointed te rest of te respondents as staff mem)ers of Cuenco& Delgado+ Petitioner alleges tat te nomination )y "en+ Primicias on )ealf of te Committee on #ules for te "enate% 5iolates "ec+-% !rt+ 1 of PC% since 7 seats on te 3T are reser5ed for minority senators duly nominated )y te minority party representati5esurtermore% as respondents are a)out to decide on 3lectoral Case 2o+ 8 of "enate% te case at )ar is a 5iolation not only of Tañada9srigt as CP mem)er of 3T% )ut respondent Macapagal9s rigt to an impartial )ody tat 4ill try is election protest+ Petitioners pray for a4rit of preliminary injunction against respondents cannot e;ercise duties


17/24


18/24

#anidad "* '(M&&'

9-95-C #omments

#onstitutional Eaw% Political Eaw% Plebiscite #ases%

S3"I3 6S #$M'E'#

9 S#R3 K $ctober -5+ -79F

Ponente: Martin+ J

!3#,S:

$n September 59+ -79F+ Pablo Sanidad and Pablito Sanidad petitioned or prohibition with preliminary in.unction to

en.oin #$M'E'# rom holding and conducting the Reerendum Plebiscite on $ctober -FK to declare without orce and

eAect P "os% 77- and -+ as well as P% --% Petitioners contend that the president has no power to propose

amendments to the new constitution+ as such+ the reerendum plebiscite has no legal basis%

ISSD':

-% Is the case at bar .usticiable0

5% oes the president have authority to propose amendments to the #onstitution0

% Is the submission to the people o the proposed amendments within the time rame allowed su@cient and proper

submission0

&'E:

,he issue o whether the President can assume the power o a constituent assembly is a .usticiable Buestion since it is

not the wisdom but the constitutional authority o the president to perorm such act is in Buestion% ,he president has

the authority to propose amendments as the governmental powers are generally concentrated to the president in

times o crisis% ,he time or deliberation o the reerendum2plebiscite Buestions+ wee;s+ is not too short especially

since the Buestions are issues o the day and the people have been living with them since the proclamation o martial

law%


19/24

73 SCRA 333 – Political Law – Constitutional Law – Amendment to the Constitution

$n 5 Sept -79F+ Marcos issued P "o% 77- calling or a national reerendum on -F $ct -79F or the #itizens 3ssemblies

4=barangays> to resolve+ among other things+ the issues o martial law+ the interim assembly+ its replacement+ the powers o such

replacement+ the period o its e(istence+ the length o the period or the e(ercise by the President o his present powers% ,wenty days

ater+ the President issued another related decree+ P "o% --+ amending the previous P "o% 77-+ by declaring the provisions o P

"o% 557 providing or the manner o voting and canvass o votes in =barangays> applicable to the national reerendum2plebiscite o

$ct -F+ -79F% 1uite relevantly+ P "o% -- repealed inter alia+ Sec C+ o P "o% 77-% $n the same date o 55 Sept -79F+ Marcos

issued P "o% -+ stating the Buestions to he submitted to the people in the reerendum2plebiscite on $ctober -F+ -79F% ,he

ecree recites in its =whereas> clauses that the people?s continued opposition to the convening o the interim "ational 3ssembly

evinces their desire to have such body abolished and replaced thru a constitutional amendment+ providing or a new interim

legislative body+ which will be submitted directly to the people in the reerendum2plebiscite o $ctober -F%

$n September 59+ -79F+ Sanidad fled a Prohibition with Preliminary In.unction see;ing to en.oin the #ommission on 'lections rom

holding and conducting the Reerendum Plebiscite on $ctober -FK to declare without orce and eAect Presidential ecree "os% 77-

and -+ insoar as they propose amendments to the #onstitution+ as well as Presidential ecree "o% --+ insoar as it directs the

#ommission on 'lections to supervise+ control+ hold+ and conduct the Reerendum2Plebiscite scheduled on $ctober -F

-79F%Petitioners contend that under the -7H and -79 #onstitutions there is no grant to the incumbent President to e(ercise the

constituent power to propose amendments to the new #onstitution% 3s a conseBuence+ the Reerendum2Plebiscite on $ctober -F has

no constitutional or legal basis% ,he Soc2Gen contended that the Buestion is political in nature hence the court cannot ta;e

cognizance o it%

I##$&: /hether or not Marcos can validly propose amendments to the #onstitution%

4&D: Oes* ,he amending process both as to proposal and ratifcation raises a .udicial Buestion% ,his is especially true in cases

where the power o the Presidency to initiate the amending process by proposals o amendments+ a unction normally e(ercised by

the legislature+ is seriously doubted% Dnder the terms o the -79 #onstitution+ the power to propose amendments to the #onstitution

resides in the interim "ational 3ssembly during the period o transition 4Sec% -H+ ,ransitory Provisions% 3ter that period+ and the

regular "ational 3ssembly in its active session+ the power to propose amendments becomes ipso acto the prerogative o the regular

"ational 3ssembly 4Sec% -+ pars% - and 5 o 3rt% *6I+ -79 #onstitution% ,he normal course has not been ollowed% Rather than calling

the interim "ational 3ssembly to constitute itsel into a constituent assembly+ the incumbent President undertoo; the proposal o

amendments and submitted the proposed amendments thru Presidential ecree - to the people in a Reerendum2Plebiscite on

$ctober -F% Dnavoidably+ the regularity o the procedure or amendments+ written in lambent words in the very #onstitution sought to

be amended+ raises a contestable issue% ,he implementing Presidential ecree "os% 77-+ --+ and -+ which commonly purport to

have the orce and eAect o legislation are assailed as invalid+ thus the issue o the validity o said ecrees is plainly a .usticiable one+

within the competence o this #ourt to pass upon% Section 5 45 3rticle * o the new #onstitution provides: =3ll cases involving the

constitutionality o a treaty+ e(ecutive agreement+ or law shall be heard and decided by the Supreme #ourt en banc and no treaty+

e(ecutive agreement+ or law may be declared unconstitutional without the concurrence o at least ten Members% % % %%> ,he Supreme

#ourt has the last word in the construction not only o treaties and statutes+ but also o the #onstitution itsel% ,he amending+ li;e al


20/24

other powers organized in the #onstitution+ is in orm a delegated and hence a limited power+ so that the Supreme #ourt is vested

with that authority to determine whether that power has been discharged within its limits%

,his petition is however dismissed% ,he President can propose amendments to the #onstitution and he was able to present those

proposals to the people in su@cient time% ,he President at that time also sits as the legislature%

#!+ID!D "s* '(M&&'

4G%R% "o% E2CCFC+ $ctober -5+ -79F

!acts:

$n 5 September -79F+ President !erdinand '% Marcos issued Presidential ecree 77- calling or a national reerendum

on -F $ctober -79F or the #itizens 3ssemblies 4barangays to resolve+ among other things+ the issues o martial

law+ the interim assembly+ its replacement+ the powers o such replacement+ the period o its e(istence+ the length o

the period or the e(ercise by the President o his present powers%

5 days ater or on 55 September -79F+ the President issued another related decree+ Presidential ecree -- +

amending the previous Presidential ecree 77-+ by declaring the provisions o Presidential ecree 557 providing or

the manner o voting and canvass o votes in barangays4#itizens 3ssemblies applicable to the national reerendum2

plebiscite o -F $ctober -79F% 1uite relevantly+ Presidential ecree -- repealed inter alia+ Section C+ o Presidential

ecree 77-%

$n the same date o 55 September -79F+ the President issued Presidential ecree -+ stating the Buestions to he

submitted to the people in the reerendum2plebiscite on -F $ctober -79F% ,he ecree recites in its whereas clauses

that the peopleQs continued opposition to the convening o the interim "ational 3ssembly evinces their desire to have

such body abolished and replaced thru a constitutional amendment+ providing or a new interim legislative body+ which

will be submitted directly to the people in the reerendum2plebiscite o $ctober -F%

,he #ommission on 'lections was vested with the e(clusive supervision and control o the $ctober -79F "ational

Reerendum2Plebiscite% $n 59 September -79F+ Pablo #% Sanidad and Pablito 6%Sanidad+ ather and son+ commenced E2

CCFC or Prohibition with Preliminary In.unction see;ing to en.oin the #ommission on 'lections rom holding and

conducting the Reerendum Plebiscite on $ctober -FK to declare without orce and eAect Presidential ecree "os% 77-

and -+ insoar as they propose amendments to the #onstitution+ as well as Presidential ecree --+ insoar as it

directs the #ommission on 'lections to supervise+ control+ hold+ and conduct the Reerendum2Plebiscite scheduled on

-F $ctober -79F% ,hey contend that under the -7H and -79 #onstitutions there is no grant to the incumbent

President to e(ercise the constituent power to propose amendments to the new #onstitution%

3s a conseBuence+ the Reerendum2Plebiscite on $ctober -F has no constitutional or legal basis%$n September

-79F+ another action or Prohibition with Preliminary In.unction+ doc;eted as E2CCF8C+ was instituted by 6icente M%

Guzman+ a delegate to the -79- #onstitutional #onvention+ asserting that the power to propose amendments to+ or

revision o the #onstitution during the transition period is e(pressly conerred on the interim "ational 3ssembly under

action -F+ 3rticle*6II o the #onstitution% Still another petition or Prohibition with Preliminary In.unction was fled on

H$ctober -79F by Raul M% Gonzales+ his son Raul Jr%+ and 3lredo Salapantan+ doc;eted as E2CC9-C+

to restrain the implementation o Presidential ecrees relative to the orthcoming Reerendum2Plebiscite o $ctober

-F%

Issue:

/hether the President may call upon a reerendum or the amendment o the #onstitution%

&eld:

Section - o 3rticle *6I o the -79 #onstitution on 3mendments ordains that 4- 3nyamendment to+ or revision o+

this #onstitution may be proposed by the "ational 3ssembly upon avote o three2ourths o all its Members+ or by a


21/24

constitutional convention% 45 ,he "ational 3ssembly may+ by a vote o two2thirds o all its Members+ call a

constitutional convention or+ by a ma.ority vote o all its Members+ submit the Buestion o calling such a convention to

the electorate in an election% Section 5 thereo provides that 3ny amendment to+ or revision o+ this #onstitution shall

be valid when ratifed by a ma.ority o the votes cast in a plebiscite which shall be held not later than three months a

ater the approval o such amendment or revision% In the present period o transition+ the interim "ational 3ssembly

instituted in the ,ransitory Provisions is conerred with that amending power% Section -H o the ,ransitory Provisions

reads ,he interim "ational 3ssembly+ upon special call by the interim Prime Minister+ may+ by a ma.ority vote o all its

Members+ propose amendments to this #onstitution% Such amendments shall ta;e eAect when ratifed in accordance

with 3rticle Si(teen hereo% ,here are+ thereore+ two periods contemplated in the constitutional lie o the nation+ i%e%+

period o normalcy and period o transition% In times o normalcy+ the amending process may be initiated by theproposals o the 4- regular "ational 3ssembly upon a vote o three2ourths o all its membersK or 45 by a

#onstitutional #onvention called by a vote o two2thirds o all the Members o the "ational 3ssembly% &owever the

calling o a #onstitutional #onvention may be submitted to the electorate in an election voted upon by a ma.ority vote

o all the members o the "ational 3ssembly% In times o transition+ amendments may be proposed by a ma.ority vote

o all the Members o the interim "ational 3ssembly upon special call by the interim Prime Minister% ,he #ourt in

3Buino v% #$M'E'#+ had already settled that the incumbent President is vested with that prerogative o discretion as

to when he shall initially convene the interim "ational 3ssembly% ,he #onstitutional #onvention intended to leave to

the President the determination o the time when he shall initially convene the interim "ational 3ssembly+ consistent

with the prevailing conditions o peace and order in the country% /hen the elegates to the #onstitutional #onvention

voted on the ,ransitory Provisions+ they were aware o the act that under the same+ the incumbent President was

given the discretion as to when he could convene the interim "ational 3ssembly% ,he PresidentQs decision to deer the

convening o the interim "ational 3ssembly soon ound support rom the people themselves% In the plebiscite o

January -2-H+ -79+ at which the ratifcation o the -79#onstitution was submitted+ the people voted against theconvening o the interim "ational 3ssembly% In the reerendum o 5C July -79+ the #itizens 3ssemblies 4bagangays

reiterated their sovereign will to withhold the convening o the interim "ational 3ssembly% 3gain+ in the reerendum o

59 !ebruary -79H+ the proposed Buestion o whether the interim "ational 3ssembly shall be initially convened was

eliminated+ because some o the members o #ongress and delegates o the #onstitutional #onvention+ who were

deemed automatically members o the interim "ational 3ssembly+ were against its inclusion since in that reerendum

o January+ -79 the people had already resolved against it% In sensu striciore+ when the legislative arm o the state

underta;es the proposals o amendment to a #onstitution+ that body is not in the usual unction o lawma;ing% It is not

legislating when engaged in the amending process% Rather+ it is e(ercising a peculiar power bestowed upon it by the

undamental charter itsel% In the Philippines+ that power is provided or in 3rticle *6I o the -79 #onstitution 4or the

regular "ational 3ssembly or in Section -H o the ,ransitory Provisions 4or the interim "ational 3ssembly% /hile

ordinarily it is the business o the legislating body to legislate or the nation by virtue o constitutional conerment+

amending o the #onstitution is not legislative in character% In political science a distinction is made between

constitutional content o an organic character and that o a legislative character% ,he distinction+ however+ is one o

policy+ not o law% Such being the case+ approval o the President o any proposed amendment is a misnomer% ,he

prerogative o the President to approve or disapprove applies only to the ordinary cases o legislation% ,he President

has nothing to do with proposition or adoption o amendments to the #onstitution

Daza "* #ingson

P$S,' )O 'SS I" D"#3,'G$RIL'

!3#,S:

3ter the congressional elections o May --+ -789+ the &ouse o Representatives proportionally apportioned its twelve

seats in the #ommission on 3ppointments in accordance with 3rticle 6I+ Section -8+ o the #onstitution% Petitioner Raul

3% aza was among those chosen and was listed as a representative o the Eiberal Party%

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$n September -F+ -788+ the Eaban ng emo;rati;ong Pilipino was reorganized+ resulting in a political realignment in

the &ouse o Representatives% $n the basis o this development+ the &ouse o Representatives revised its

representation in the #ommission on 3ppointments by withdrawing the seat occupied by the petitioner and giving this

to the newly2ormed EP% ,he chamber elected a new set o representatives consisting o the original members e(cept

the petitioner and including therein respondent Euis #% Singson as the additional member rom the EP%

,he petitioner came to this #ourt on January -+ -787+ to challenge his removal rom the #ommission on 3ppointments

and the assumption o his seat by the respondent%

ISSD':

/hether or not the realignment will validly change the composition o the #ommission on 3ppointments

&'E:

3t the core o this controversy is 3rticle 6I+ Section -8+ o the #onstitution providing as ollows:

Sec% -8% ,here shall be a #ommission on 3ppointments consisting o the President o the Senate+ as e(

o@cio #hairman+ twelve Senators and twelve Members o the &ouse o Representatives+ elected by

each &ouse on the basis o proportional representation rom the political parties and parties or

organizations registered under the party2list system represented therein% ,he #hairman o the

#ommission shall not vote+ e(cept in case o a tie% ,he #ommission shall act on all appointments

submitted to it within thirty session days o the #ongress rom their submission% ,he #ommission shall

rule by a ma.ority vote o all the Members%

,he authority o the &ouse o Representatives to change its representation in the #ommission on 3ppointments to

reect at any time the changes that may transpire in the political alignments o its membership% It is understood that

such changes must be permanent and do not include the temporary alliances or actional divisions not involving

severance o political loyalties or ormal disa@liation and permanent shits o allegiance rom one political party to

another%

,he #ourt holds that the respondent has been validly elected as a member o the #ommission on 3ppointments and is

entitled to assume his seat in that body pursuant to 3rticle 6I+ Section -8+ o the #onstitution%


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Da'a v. Singson

(+#+ 2o+ E1788 Decem)er -.% ./E/

Cruz% J+

(acts)

Te $ouse of #epresentati5es+ T4enty four mem)ers of te Li)eral Party formally resigned from tat party and joined te

LDP% tere)y s4elling its num)er to .0/ and correspondingly reducing teir former party to only .F mem)ers+

,n te )asis of tis de5elopment% te $ouse of #epresentati5es re5ised its representation in te Commission on !ppointments )y 4itdra4ing te seat occupied )y te petitioner and gi5ing tis to te ne4lyAformed LDP+ ,n Decem)er 0% ./EE% te

cam)er elected a ne4 set of representati5es consisting of te original mem)ers e;cept te petitioner and including terein respondent

Luis C+ "ingson as te additional mem)er from te LDP+

Te petitioner came to te "upreme Court to callenge is remo5al from te Commission on !ppointments and te

assumption of is seat )y te respondent+ !cting initially on is petition for proi)ition and injunction 4it preliminary injunction% 4e

issued a temporary restraining order tat same day to pre5ent )ot te petitioner and te respondent from ser5ing in te Commission

on !ppointments+

Briefly stated% te contention of te petitioner is tat e cannot )e remo5ed from te Commission on !ppointments )ecause

is election tereto is permanent+ $is claim is tat te reorganization of te $ouse representation in te said )ody is not )ased on apermanent political realignment )ecause te LDP is not a duly registered political party and as not yet attained political sta)ility+

*ss+e) 4eter te 6uestion raised )y te petitioner is political in nature and so )eyond te jurisdiction of te "upreme Cour

,el-) 2o+ Te Court as te competence to act on te matter at )ar+ Te issue in5ol5ed is not a discretionary act of te $ouse of

#epresentati5es tat may not )e re5ie4ed )y us )ecause it is political in nature+ ?at is in5ol5ed ere is te legality% not te 4isdom% of

te act of tat cam)er in remo5ing te petitioner from te Commission on !ppointments+

Te term political +estion connotes% in legal parlance% 4at it means in ordinary parlance% namely% a 6uestion of policy+ In

oter 4ords% it refers to tose 6uestions 4ic% under te Constitution% are to )e decided )y te people in teir so5ereign capacity% or in

regard to 4ic full discretionary autority as )een delegated to te Legislature or e;ecuti5e )ranc of te (o5ernment+ It is

concerned 4it issues dependent upon te 4isdom% not legality% of a particular measure+

35en if 4e 4ere to assume tat te issue presented )efore us 4as political in nature% 4e 4ould still not )e precluded from

resol5ing it under te e;panded jurisdiction conferred upon us tat no4 co5ers% in proper cases% e5en te political 6uestion+ !rticle GII

"ection .% of te Constitution clearly pro5ides:

"ection .+ Te judicial po4er sall )e 5ested in one "upreme Court and in suc lo4er courts as may )e esta)lised )y la4+

Judicial po4er includes te duty of te courts of justice to settle actual contro5ersies in5ol5ing rigts 4ic are legally demanda)le and

enforcea)le% and to determine 4eter or not tere as )een a gra5e a)use of discretion amounting to lac' or e;cess of jurisdiction on

te part of any )ranc or instrumentality of te (o5ernment+


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