Constitutional Law I (Political Powers)

PART III
Anna Dominique Coseteng vs. Speaker Ramon Mitra
187 SCRA 377 (1990)
Topic: Commission on Elections
FACTS:
The congressional elections of May 11, 1987 resulted in the election to the House of the candidates of diverse political parties such as the
PDP-Laan, La!as ng "ansa #L"$, Lieral Party #LP$, %P-&nido, 'ilusan ng "agong Lipunan #'"L$, Panaghiusa, 'aaaihan Para sa (nang
"ayan #')(")$, and so*e independents+ Petitioner )nna Do*ini,ue M+L+ -oseteng .as the only candidate elected under the anner of ')(")+
Then, House , upon no*ination y the Ma/ority 0loor Leader, -ong+ 0rancisco 1u*ulong, elected fro* the -oalesced Ma/ority, eleven #11$
out of t.elve #12$ congress*en to represent the House in the -o**ission on )ppoint*ents #-)$+ &pon no*ination of the Minority 0loor Leader,
the House elected Honorale 3o,ue )lan, 4r+, '"L, as the 12th -) *e*er, representing the -oalesced Minority in the House+
) year later, the LDP .as organi5ed as a political party+ )s 168 out of 272 *e*ers of the House affiliated .ith it the House co**ittees,
including the House representation in the -), had to e reorgani5ed to confor* .ith the ne. political align*ents+
Petitioner )nna -oseteng, the lone candidate elected to the House of 3epresentatives under ')("), .rote to 1pea!er 3a*on Mitra to
appoint her as a *e*er of the -o**ission on )ppoint*ents #-)$ and House Triunal 8 a re,uest ac!ed y nine congress*en+
Previously, the House elected fro* the -oalesced Ma/ority parties 11 out 12 congress*en to the -) and later on, added 3o,ue )lan, 4r+
as the t.elfth *e*er, representing the -oalesced Minority+ Laan ng De*o!rati!ong Pilipino #LDP$ .as also organi5ed as a party, pro*pting the
revision of the House *a/ority *e*ership in -) due to political realign*ents and the replace*ent of 3ep+ Da5a #LP$ .ith 3ep+ 1ingson #LDP$+
-ongress.o*an )nna -oseteng and her party ')(") filed a Petition for 9:traordinary Legal ;rits #considered as petition for ,uo
.arranto and in/unction$ praying that the -ourt declare the election of respondent )lan, 1ingson and the rest of the -) *e*ers null and void on
the theory that their election violated the constitutional *andate of proportional representation ecause the %e. Ma/ority #LDP$ is entitled to only 9
seats and *e*ers *ust e no*inated and elected y their parties+ 1he further alleged that she is ,ualified to sit in the -) ecause of the
support of 9 other congress*en fro* the Minority+
The respondent contends that the issue of -) reorgani5ation .as a political ,uestion, hence outside the /urisdiction of the -ourt, .as in
consonance .ith the <proportional representation= clause in )rt >( of the -onstitution and that petitioner .as ound y the Ma/ority decision since
')(") .as part of the -oalesced Ma/ority+
ISSUE/S:
1+ ;?% the *e*ers of the House in the -o**ission on )ppoint*ents .ere chosen on the asis of proportional representation fro* the political
parties therein as provided in 1ection 18, )rticle >( of the 1987 -onstitution
2+ ;?% the case raises a political ,uestion
HELD:
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Constitutional Law I (Political Powers)
PART III
1+ @es+ 1ection 18, )rticle >( of the 1987 -onstitution readsA <1ec+ 18+ There shall e a -o**ission on )ppoint*ents consisting of the President of
the 1enate, as e: oficio -hair*an, t.elve 1enators, and t.elve Me*ers of the House of 3epresentatives elected y each House on the asis of
proportional representation fro* the political parties and parties or organi5ations registered under the party-list syste* represented therein+ The
chair*an of the -o**ission shall not vote, e:cept in case of a tie+ The -o**ission shall act on all appoint*ents su*itted to it .ithin thirty
session days of the -ongress fro* their su*ission+ The co**ission shall rule y a *a/ority vote of all the Me*ers+ #)rt+ >(, 1987 -onstitution+$
The co*position of the House *e*ership in the -o**ission on )ppoint*ents .as ased on proportional representation of the political parties in
the House+ There are 1B7 *e*ers of the LDP in the House+ They represent 79C of the House *e*ership #.hich *ay e rounded out to 87C$+
9ighty percent #87C$ of 12 *e*ers in the -o**ission on )ppoint*ents .ould e,ual 9+B *e*ers, .hich *ay e rounded out to ten #17$
*e*ers fro* the LDP+ The re*aining t.o seats .ere apportioned to the LP #respondent Lorna >erano-@ap$ as the ne:t largest party in the
-oalesced Ma/ority and the '"L #respondent 3o,ue )lan$ as the principal opposition party in the House+ There is no dout that this
apportion*ent of the House *e*ership in the -o**ission on )ppoint*ents .as done <on the asis of proportional representation of the political
parties therein+= There is no *erit in the petitionerDs contention that the House *e*ers in the -o**ission on )ppoint*ents should have een
no*inated and elected y their respective political parties+ The petition itself sho.s that they .ere no*inated y their respective floor leaders in
the House+ They .ere elected y the House #not y their party$ as provided in 1ection 18, )rticle >( of the -onstitution+ The validity of their
election to the -o**ission on )ppoint*ents-eleven #11$ fro* the -oalesced Ma/ority and one fro* the *inority-is unassailale+
1+ %o+ The <political ,uestion= issue .as settled in Da5a vs+ 1ingson, .here this -ourt ruled that <the legality, and not the .isdo*, of the *anner of
filling the -o**ission on )ppoint*ents as prescried y the -onstitution= is /usticiale, and, <even if the ,uestion .ere political in nature, it .ould
still co*e .ithin our po.ers of revie. under the e:panded /urisdiction conferred upon us y )rticle >(((, 1ection 1, of the -onstitution, .hich
includes the authority to deter*ine .hether grave ause of discretion a*ounting to e:cess or lac! of /urisdiction has een co**itted y any
ranch or instru*entality of the govern*ent+=
ina! ru!ing"
1+ The petition is dis*issed for lac! of *erit+
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PART III
Ro#ert $o#ias vs. %en&amin A#a!os
'39 SCRA 10() De*em#er 8) 199+
FACTS:
Mandaluyong and 1an 4uan .ere one legislative district until the passage of the 3) 7B76 .ith title <)n )ct -onverting the Municipality of
Mandaluyong into a Highly &rani5ed -ity to e !no.n as the -ity of Mandaluyong+E 1a*e ill is no. in ,uestion at to its constitutionality y the
petitioners y invo!ing their right as ta: payers and residents of Mandaluyong+
) pleiscite .as held for the people of Mandaluyong .hether or not they approved of the said conversion+ The pleiscite .as only 1F+F1C of the
said conversion+ %evertheless, 18,B21 voted <yes= .hereas <7, 911= voted <no=+ ;ith a pleiscite held on )pril 17, 199F, the people voted to for
the conversion of Mandaluyong to a highly urani5ed city ratifying 3) 7B76 and *a!ing it in effect+
ISSUE/S:
1+ ;?% 3) 7B76 is in violation of )rticle >(, 1ection 2B#1$ of the -onstitution regarding Gone su/ect one ill ruleD
2+ ;?% 3) 7B76 is in violation of )rticle >(, 1ections 6#1$ and #F$ as to the nu*er of *e*ers of the -ongress to 267 and reappropriating the
legislative districts+
HELD:
1+ %o+ )ccording to 1ection 2B#1$+ 9very ill passed y the -ongress shall e*race only one su/ect .hich shall e e:pressed in the title thereof+
The creation of a separate congressional district for Mandaluyong is not a su/ect separate and distinct fro* the su/ect of its conversion+
Moreover, a lieral construction of the <one-title-one-su/ect= rule has een lierally adopted y the court as to not i*pede legislation #Lidasan v+
-o*elec$+
2+ %o+ 1ec+ 6#1$+ The House of 3epresentatives shall e co*posed of not *ore than t.o hundred and fifty *e*ers, unless other.ise fi:ed y
la., .ho shall e elected fro* legislative districts apportioned a*ong the provinces, cities, and the Metropolitan Manila area in accordance .ith
the nu*er of their respective inhaitants, and on the asis of a unifor* and progressive ratio, and those .ho, as provided y la., shall e elected
through a party list syste* of registered national, regional and sectoral parties or organi5ations+
The -onstitution clearly provides that the House of 3epresentatives shall e co*posed of not *ore than 267 *e*ers, unless other.ise provided
y la.+ The emphasis on the latter clause indicates that the number of the House of Representatives may be increased, if mandated via a
legislative enactment. Therefore, the increase in congressional representation is not unconstitutional+
1ec+ 6#F$+ ;ithin three years follo.ing the return of every census, the -ongress shall *a!e a reapportion*ent of legislative districts ased on the
standard provided in this section+
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PART III
The argu*ent on the violation of the aove provision is asurd since it .as the -ongress itself .hich drafted, delierated upon and enacted the
assailed la.+
ina! ru!ing,s"
1+ )pplying the lieral construction the Supreme Court -ismisse- t.e *ontention o/ *onstitutiona!it0 pertaining to Art 12 '((1) saying Eshould
e given a practical rather than a technical construction+ (t should e sufficient co*pliance .ith such re,uire*ent if the title e:presses the general
su/ect and all the provisions are ger*ane to that general su/ect+E
)s to )rticle >( 1ec 6#1$, the clause Eunless other.ise provided y la.E 3as en/or*e- &usti/0ing t.e a*t o/ t.e !egis!ature to increase the
nu*er of the *e*ers of the congress+
)rticle >( 1ec 6 #F$ 3as a!so overru!e- as it .as the -ongress itself .hich drafted the ill reapportioning the legislative district+
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Constitutional Law I (Political Powers)
PART III
4ung Center vs. 5ue6on Cit0
7.R. 89. 1++10+) :une '9) '00+
a*ts"
The Lung -enter of the Philippines is a non-stoc! and non-profit charitale institution estalished y virtue of PD %o+ 182H+ (t is the
registered o.ner of the land on .hich the Lung -enter of the Philippines Hospital is erected+ ) ig space in the ground floor of the hospital is eing
leased to private parties, for canteen and s*all store spaces, and to *edical or professional practitioners .ho use the sa*e as their private clinics+
)lso, a ig portion on the right side of the hospital is eing leased for co**ercial purposes to a private enterprise !no.n as the 9lliptical ?rchids
and Iarden -enter+
;hen the -ity )ssessor of Jue5on -ity assessed oth its land and hospital uilding for real property ta:es, the Lung -enter of the
Philippines filed a clai* for e:e*ption on its aver*ent that it is a charitale institution .ith a *ini*u* of B7C of its hospital eds e:clusively used
for charity patients and that the *a/or thrust of its hospital operation is to serve charity patients+ The clai* for e:e*ption .as denied, pro*pting a
petition for the reversal of the resolution of the -ity )ssessor .ith the Local "oard of )ssess*ent )ppeals of Jue5on -ity, .hich denied the sa*e+
?n appeal, the -entral "oard of )ssess*ent )ppeals of Jue5on -ity affir*ed the local oardDs decision, finding that Lung -enter of the
Philippines is not a charitale institution and that its properties .ere not actually, directly and e:clusively used for charitale purposes+ Hence, the
present petition for revie. .ith aver*ents that the Lung -enter of the Philippines is a charitale institution under 1ection 28#H$, )rticle >( of the
-onstitution, not.ithstanding that it accepts paying patients and rents out portions of the hospital uilding to private individuals and enterprises+
8ote" The elements considered in determining a charitable institution are: the statute creating the enterprise; its corporate purposes; constitution and by-las,
methods of administration, nature of actual or! performed, character of the services rendered, indefiniteness of the beneficiaries, and the use occupation of
properties. "s a general principle, a charitable institution does not lose its character as such and its e#emption form ta#es simply because it derives income from
paying patients, or receives subsidies from government; and no money insures to the private benefit of the persons managing or operating the institution.
2ssue"
1+ ;?% the Lung -enter of the Philippines, as a charitale institution .ithin the conte:t of the -onstitution, is e:e*pt fro* real property ta:+
;e!-"
Partly %o+ Those portions of its real property that are leased to private entities are not e:e*pt fro* actually, direct and e:clusively used for
charitale purpose+ &nder PD 182H, the lung center does not en/oy any property ta: e:e*ption privileges for its real properties as .ell as the
uilding constructed thereon+
The Lung -enter of the Philippines is a charitale institution+ To deter*ine .hether an enterprise is a charitale institution or not, the
ele*ents .hich should e considered include the statute creating the enterprise, its corporate purposes, its constitution and y-la.s, the *ethods
of ad*inistration, the nature of the actual .or! perfor*ed, that character of the services rendered, the indefiniteness of the eneficiaries and the
use and occupation of the properties+
Ho.ever, under the -onstitution, in order to e entitled to e:e*ption fro* real property ta:, there *ust e clear and une,uivocal proof that
#1$ it is a charitale institution and #2$its real properties are )-T&)LL@, D(39-TL@ and 9K-L&1(>9L@ used for charitale purposes+ ;hile
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Constitutional Law I (Political Powers)
PART III
portions of the hospital are used for treat*ent of patients and the dispensation of *edical services to the*, .hether paying or non-paying, other
portions thereof are eing leased to private individuals and enterprises+
9:clusive is defined as possessed and en/oyed to the e:clusion of others, dearred fro* participation or en/oy*ent+ (f real property is
used for one or *ore co**ercial purposes, it is not e:clusively used for the e:e*pted purposes ut is su/ect to ta:ation+
ina! ru!ing"
1+ The petition is P)3T()LL@ I3)%T9D+ The respondent Jue5on -ity )ssessor is herey D(39-T9D to deter*ine, after due hearing, the precise
portions of the land and the area thereof .hich are leased to private persons, and to co*pute the real property ta:es due thereon as provided for
y la.+
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