Académique Documents
Professionnel Documents
Culture Documents
SUPREME COURT
Manila
EN BANC
NPC
LAKAS-NUCD
LP-PDP-LABAN 1 senator
15
5
senators
senators
senators
party
12
seats
7.5
2.5
1.5
members
members
members
At the organization meeting of the Senate held on August 27, 1992, Senator Romulo
in his capacity as Majority Floor Leader nominated, for and in his behalf of the LDP,
eight (8) senators for membership in the Commission on Appointments, namely
Senators Angara, Herrera, Alvarez, Aquino, Mercado, Ople, Sotto and Romulo. The
nomination of the eight senators 2 was objected to by Petitioner, Senator Guingona,
as Minority Floor Leader, and Senator John Osmea, in representation of the NPC. To
resolve the impasse, Senator Arturo Tolentino proposed a compromise to the effect
that Senate elect 3
. . . 12 members to the Commission on Appointments, eight coming
from the LDP, two coming from NPC, one coming from the Liberal Party,
with the understanding that there are strong reservations against this
proportion of these numbers so that if later on in action in the Supreme
Court, if any party is found to have an excess in representation, and if
any party is found to have a deficiency in representation, that party will
be entitled to nominate and have elected by this body its additional
representatives.
The proposed compromise above stated was a temporary arrangement and,
inspite of the objections of Senator Guingona and Osmea, to enable the
Commission on Appointments to be organized by the election of its members,
it was approved. The elected members consisted of eight LDP, one LP-PDPLABAN, two NPC and one LAKAS-NUCD.
On September 23, 1992, Senator Teofisto Guingona. Jr., in his behalf and in behalf
of Lakas-National Union of Christian Democrats (LAKAS-NUCD), filed a petition for
the issuance of a writ of prohibition to prohibit the respondent Senate President
Neptali Gonzales, as ex-officio Chairman of the Commission on Appointments, from
recognizing the membership of Senators Alberto Romulo as the eight senator elected
by the LDP, and Wigberto E. Taada, as the lone member representing the LP-PDPLABAN, in the Commission on Appointments, on the ground that the proposed
compromise of Senator Tolentino was violative of the rule of proportional
representation, and that it is the right of the minority political parties in the Senate,
consistent with the Constitution, 4 to combine their fractional representation in the
Commission on Appointments to complete one seat therein, and to decide who,
among the senators in their ranks, shall be additionally nominated and elected
thereto.
Section 18 Article VI of the Constitution of 1987 provides fro the creation of a
Commission on Appointments and the allocation of its membership, as follows:
Audit. 16 They perform their function so long and there is the required quorum,
usually a majority of its membership. The Commission on Appointments may perform
its functions and transact it s business even if only ten (10) senators are elected
thereto as long as a quorum exists.
It may also be mentioned that while the Constitution provides for equal membership
from the Senate and the House of Representatives in the Commission on
Appointments, the senators on the one hand, and the representatives, on the other,
do not vote separately but jointly, and usually along party lines. Even if Senator
Taada would not be able sit in the Commission on Appointments, the LP-LDP-LABAN
would still be represented in the Commission by congressman Ponce Enrile who has
become a member of the LP. On the other hand, there is nothing to stop any of the
political party in order to fill up the two vacancies resulting from this decision.
Assuming that the Constitution intended that there be always twelve (12) senators
in the Commission on Appointments, the instant situation cannot be rectified by the
Senate in disregard of the rule on proportional representation. The election of senator
Romulo and Senator Taada as members of the Commission on Appointments by the
LDP majority in the Senate was clearly a violation of Section 18 of Article VI of the
1987 Constitution. Their nomination and election by the LDP majority by sheer force
of superiority in numbers during the Senate organization meeting of August 27, 1992
was done in grave abuse of discretion. Where power is exercised in a manner
inconsistent with the command of the Constitution, and by reason of numerical
strength, knowingly and not merely inadvertently, said exercise amounts to abuse of
authority granted by law and grave abuse of discretion is properly found to exist.
In the light of the foregoing and on the basis of the applicable rules and jurisprudence
on the matter before this Court, We declare the election of Senator Alberto Romulo
and Senator Wigberto Taada as members of the Commission on Appointments as
null and void for being in violation of the rule on proportional representation under
Section 18 of Article VI of the 1987 Constitution of the Philippines. Accordingly, a writ
of prohibition is hereby issued ordering the said respondents Senator Romulo and
Senator Taada to desist from assuming, occupying and discharging the functions of
members of the Commission on Appointments; and ordering the respondents Senate
President Neptali Gonzales, in his capacity as ex-officio Chairman of the Commission
on Appointments, to desist from recognizing the membership of the respondent
Senators and from allowing and permitting them from sitting and participating as
members of said Commission.
SO ORDERED.
Narvasa C.J., Gutierrez, Jr., Cruz, Feliciano, Padilla, Bidin, Grio-Aquino, Regalado,
Davide, Romero, Nocon and Bellosillo, JJ., concur.
Medialdea, J., is on leave,
Footnotes
1 Includes Senator Teofisto T. Guingona, Jr.
2 Senator Alberto Romulo.
3 T.S.N., Session of August 27, 1992, p. 29 as Annex to Petitions
4 Section 18, Article VI of the Constitution.
5 See page 2 of the Decision.
6 Coseteng vs. Mitra, Jr., 187 SCRA 377 (1990).
7 Daza vs. Sinson, 180 SCRA 496 (1989).
8 Osmea vs. Commission on Elections, 199 SCRA 750 ( 1991).
9 Section 2, Rule 65 of the Rules of Court.
10 Section 3, Rule 65 of the Rules of Court.
11 Taada vs. Cuenco, 103 Phil. 1051 (1957).
12 Supra, note 6.
13 Section 4, Article VIII.
14 Section 1 (1), Article IX-A.
15 Section 1 (1), Article IX-C.
15 Section 1 (1), Article IX-D.