Rep.

Raul Daza (A member of Liberal Party) - Petitioner

Versus
Rep. Luis Singson (A member of Laban Demokratikong Pilipino) - Respondent
Topic : Effects of Political Realignment in Commission on Appointments Composition

Facts:
On September 16, 1988 Laban Demokratikong Pilipino (LDP) was
reorganized resulting in a Political Realignment in the house of
Representative and 24 members of Liberal Party (LP) resigned and
transferred to LDP, in relation to this matter the House of Representative
revised its Representative in the Commission on Appointment. On
December 5, 1988 the chamber elected a new set of Representatives
resulting to withdraw the seat occupied by the petitioner and award the seat
to the respondent. The petitioner came to the court to challenge the
petitioners removal from the Commission on Appointments so the court
issued a Temporary Restraining Order (TRO) to prevent the petitioner and
respondent from serving in the Commission on Appointments.
Contention of the Petitioner:
The petitioner cannot be removed from the Commission on Appointments
because the Petitioners election thereto is permanent under the doctrine
announced in Cunanan versus Tan (The petitioners claim is that the
reorganization of the House representation in the said body is not based on
permanent realignment because the LDP is not a duly registered political
party and has not yet attained political stability)

Issue:
Whether or not the questioned raise is a political in nature and beyond the
jurisdiction of the court
Whether or not a change resulting from political realignment validly
changes the composition of the Commission on Appointments
Whether or not it is necessary to a political party to be registered in
Comelec, just to have a representation in the Commission on Appointments

Ruling
The court has the competence to act on the matter at bar, the courts
finding is not a discretionary act of the House of Representatives that may
not be reviewed by the court because it is political in nature, What is
involved in the case at bar is the legality not the wisdom of the act of the
chamber in removing the petitioner from the Commission on Appointments.
As provided in the Constitutions There shall be a Commission on
Appointments consisting of the President of the Senate, as ex officio
Chairman, 12 members of House of Representative (Lower Court) amd 12
members of Senate (Upper Court) elected on the basis of proportional
representations of the political parties, this necessarily connotes the
authority of each members to see to it that the requirement is duly complied
with.
The LDP has already been inexistence for a year and they not only
survived but prevailed. Comelec granted their request to register their
political party.
Therefore, the petition is DISMISSED. The TRO is LIFTED. The court holds
that the respondents has been validly elected as a member of the
Commission on Appointments and is entitled to assume his seat in that
body pursuant to Art. VI, Sec. 18 of the Constitution. No pronouncement as
to Costs.