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Political Party Membership Prop. Representatives

Senator Teofisto Guingona Jr. filed a petition to prohibit the recognition of Senators Alberto Romulo and Wigberto Tanada as members of the Commission on Appointments (COA). Guingona argued this violated the proportional representation rules in the Constitution. The Court agreed, noting the LDP and LP-PDP-LABAN parties each had too few Senators to be entitled to a COA seat. It declared the elections of Romulo and Tanada void and issued a writ prohibiting them from serving on the COA. The ruling reinforced that a political party needs at least two Senators to qualify for proportional representation on the COA.

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84 views1 page

Political Party Membership Prop. Representatives

Senator Teofisto Guingona Jr. filed a petition to prohibit the recognition of Senators Alberto Romulo and Wigberto Tanada as members of the Commission on Appointments (COA). Guingona argued this violated the proportional representation rules in the Constitution. The Court agreed, noting the LDP and LP-PDP-LABAN parties each had too few Senators to be entitled to a COA seat. It declared the elections of Romulo and Tanada void and issued a writ prohibiting them from serving on the COA. The ruling reinforced that a political party needs at least two Senators to qualify for proportional representation on the COA.

Uploaded by

ChristyBagalacsa
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ABUEDO

1E

GUINGONA, JR. v GONZALES

FACTS:

On September 23, 1992, Senator Teofisto Guingona, Jr. in his behalf and in behalf of LAKAS-NUCD filed a petition
to prohibit Senator Neptali Gonzales, ex-officio Chairman of Commission on Appointments from recognizing the
membership of Senators Alberto Romulo and Wigberto Tanada. The resulting composition of proportional
representatives is as follows:


POLITICAL PARTY MEMBERSHIP PROP.
REPRESENTATIVES
LDP 15 7.5 members
NPC 5 2.5 members
LAKAS-NUCD 3 1.5 members
LP-PDP-LABAN 1 .5 members


To resolve the impasse, Senator Arturo Tolentino proposed a compromise to the effect that the Senate elect 12
members to the Commission on Appointments, 8 from LDP, 2 from NPC, 9 from liberal party. This proposal was
approved despite the objections of Senators Guingona and Osmena. Senator Romulo occupied the 8
th
membership of
the LDP while Senator Tanada for LD-PDP-LABAN.

ISSUE:
WON the election of Senators Romulo and Tanada as members of Commission on Appointments is in
accordance with Art. 6, Section 18 of the Constitution.

HELD:
No, Art.6 Sec. 18 assures representation in the COA of any political party who succeeds in electing members to
the Senate, provided that the number of Senators so elected enables it to put a representative in the COA. Drawing from
the ruling in the case of Coseteng v Mitra, Jr. a political party must have at least 2 senators in the senate to be able to
have a representative in the COA, so that any member less than 2 will not entitle such a party a membership in the COA.

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 Tanada as members of the COA as null
and void for being in violation of the rule on proportional representation under Art VI, Sec 18 of the Philippine
Constitution. Accordingly, a writ of prohibition is hereby issued ordering the said respondents Senator Romulo and
Senator Tanada to desist from assuming, occupying and discharging the functions of members of the COA; and ordering
the respondent Senate President Neptali Gonzales, in his capacity as ec-officio chairman of the COA, 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.

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