53 Guingona, Jr. v. Gonzales

October 12, 2017 | Pengarang: TjSantiago | Kategori: N/A
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Penerangan

TEOFISTO T. GUINGONA, JR., ET AL. vs. NEPTALI GONZALES, ET AL. G.R. No. 106971 October 20, 1992 CAMPOS, JR., J. Facts As a result of the national elections of 1992, the Senate was composed of 15 senators coming from LDP, 5 from NPC, 3 from LAKAS-NUCD and 1 from LP-PDP-LABAN. To suffice the 12 representatives of Senate in the Commission on Appointments, they agreed to use the traditional formula, having LDP with 7.5 members, NPC with 2.5 members, LAKAS-NUCD with 1.5 members and LP-PDP-LABAN with 0.5 member. Respondent-senator Alberto Romulo then nominated for and in behalf of the LDP, eight senators. Such nomination was objected by petitioner-senator Teofisto Guingona, Jr. To resolve the case, Senator Arturo Tolentino proposed a compromise with elected members consisting of eight LDP, one LP-PDP-LABAN, two NPC and one LAKAS-NUCD. Petitioner Guingona, Jr. then filed a petition for the issuance of a writ of prohibition to prohibit the recognition of Senators Romulo and Tañada as members of the CA as it is a violation of the rule of proportional representation and that it is the right of the minority political parties in the Senate, consistent with the Constitution, 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. Issue Whether or not the election of Senators Romulo and Tañada as members of the Commission on Appointments is in accordance with the provision of Section 18 of Article VI of the 1987 Constitution Ruling No. The Supreme Court finds the respondents' claim to membership in the Commission on Appointments by nomination and election of the LDP majority in the Senate as not in accordance with Section 18 of Article VI of the 1987 Constitution and therefore violative of the same because it is not in compliance with the requirements that twelve senators shall be elected on the basis of proportional representation of the resulting fractional membership of the political parties represented therein. To disturb the resulting fractional membership of the political parties in the Commission on Appointments by adding together two halves to make a whole is a breach of the rule on proportional representation because it will give the LDP an added member in the Commission by utilizing the fractional membership of the minority political party, who is deprived of half a representation.

Tj G. Santiago Block 1B

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