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Article IX-A, Section 7 Cua v. Commission on Elections (& Priv. Respondent Puzon) (1987) Facts: 1.

The first division of Comelec rendered a 2-1 decision favoring the petitioner but nevertheless suspended his proclamation as winner in the lone congressional district of Quirino due to the lack of the unanimous vote required by the procedural rules in Comelec Resolution No. 1669. 2. Section 5 of the said resolution states that, A case being heard by it shall be decided with the unanimous concurrence of all three Comissioners and its decision shall be considered a decision of the Comission. If this required number is not obtained, as when there is a dissenting opinion, the case may be appealed to the Commission En Banc, in which case the vote of the majority thereof shall be the decision of the Commission. 3. Petitioner contends that the 2-1 decision of the first division was a valid decision despite the resolution stated above because of Art. IX-A, Section 7 of the Constitution. He argues that this applies to the votings of the Comelec both in division and En Banc. 4. Respondent, on the other hand, insists that no decision was reached by the first division because the required unanimous vote was not obtained. It was also argued that no valid decision was reached by the Comelec En Banc because only three votes were cast in favor of the petitioner and these did not constitute the majority of the body. Issue: W/N the 2-1 decision of the first division was valid. Held: The 2-1 decision by the first division was a valid decision under Art. IX-A, Section 7 of the Constitution. Ratio: The three members who voted to affirm the first division constituted a majority of the five members who voted and deliberated thereon (Note: This is the part of the decision which Fr. B criticized in the Reviewer. See second column.) En Banc and their decision is also valid under the aforecited constitutional provision. Hence, the proclamation of Cua on the basis of the two

aforecited decisions was a valid act that entitles him to assume his seat in the House of Representatives.

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