A. Topic: Constitutional Law 1 Term and Tenure B. Dimaporo v. Mitra, Jr. Digest Prepared by: Anlo Covarrubias C. 15 cto!

!er 1""1 D. #arties Petitioner: Mohammad Ali Dimaporo Respondents:Ramon Mitra, Jr., House Spea er,Camilo Sabio, Se! o" House Ponente: Davide, Jr. $. %ature and Case &istor': Petition to revie# the de!ision o" the Spea er and Se!retary o" the House o" Representatives (. (acts o) t*e Case Petitioner #as ele!ted representative "or the $nd distri!t o" %anao del Sur. He "iled his !erti"i!ate "or !andida!y "or the position o" regional governor o" ARMM. Respondents #ere noti"ied by C&M'%'C that said petitioner "iled his C&C. (hen a"ter, respondents in an )administrative a!t* e+!luded petitioner*s name in the rolls o" members o" the house pursuant to Se!tion ,-, Arti!le ./ o" 0P 11- other#ise no#n as the &mnibus 'le!tion Code 2-3. Petitioner lost his bid and thus in"ormed respondents that he is going to reassume his post as a representative o" the $nd distri!t o" %anao de Sur. He "ailed to regain his seat and thus this petition to revie#. +. ,ssue-s -. 4on Se!tion ,-, Arti!le ./ o" 0P 11-is 5&( &P'RA(.6' under the -718 Constitution sin!e "iling o" C&C is not listed as among the grounds by #hi!h term may be shortened as enumerated in Arti!le 6. o" the Constitution 2$3 $. 4on administrative a!t o" respondents !an 5&( '/C%9D' petitioner "rom the rolls and PR'6'5( him "rom e+e!ising his "un!tions as !ongressman and D'PR.6' him o" his rights and privileges as su!h. &. .atio Decidendi 1. % . the provision o" 0P 11- is in line #ith Se!tion - o" Arti!le /. o" the Constitution 2:3. &bviously then, petitioner;s assumption that the <uestioned statutory provision is no longer operative does not hold #ater. He "ailed to dis!ern that rather than !ut short the term o" o""i!e o" ele!tive publi! o""i!ials, this statutory provision see s to ensure that su!h o""i!ials serve out their entire term o" o""i!e by dis!ouraging them "rom running "or another publi! o""i!e and thereby !utting short their tenure by ma ing it !lear that should they "ail in their !andida!y, they !annot go ba! to their "ormer position. (his is !onsonant #ith the !onstitutional edi!t that all publi! o""i!ials must serve the people #ith utmost loyalty and not tri"le #ith the mandate #hi!h they have re!eived "rom their !onstituents. Petitioner !on"uses himsel" the di""eren!e bet#een term and tenure. (he term o" o""i!e pres!ribed by the Constitution may not be e+tended or shortened by the legislature, but the period during #hi!h an o""i!er a!tually holds the o""i!e 2tenure3, may be a""e!ted by !ir!umstan!es #ithin or beyond the po#er o" said o""i!er. (enure may be shorter than the term or it may not e+ist at all. (hese situations #ill not !hange the duration o" the term o" o""i!e. /. % . Respondents #ere merely "ollo#ing the la# #ith the overriding presumption that every la# is !onstitutional unless proven other#ise. (heir administrative a!t or ministerial duty #as merely in a!!ordan!e #ith their mandate. ,. Decision Petition Dismissed "or %a! o" Merit J. Appendi0: 2-3 =Candidates holding ele!tive o""i!e. Any ele!tive o""i!ial, #hether national or lo!al, running "or any o""i!e other than the one #hi!h he is holding in a permanent !apa!ity, e+!ept "or President and 6i!e>President, shall be !onsidered ipso "a!to resigned "rom his o""i!e upon the "iling o" his !erti"i!ate o" !andida!y.? 2$3 a3 Se!tion -:, Arti!le 6.: @or"eiture o" his seat by holding any other o""i!e or employment in the government or any subdivision, agen!y or instrumentality thereo", in!luding government>o#ned or !ontrolled !orporations or subsidiariesA b3 Se!tion -, 2:3: '+pulsion as a dis!iplinary a!tion "or disorderly behaviorA !3 Se!tion -8: Dis<uali"i!ation as determined by resolution o" the 'le!toral (ribunal in an ele!tion !ontestA and, d3 Se!tion 8, par. $: 6oluntary renun!iation o" o""i!e. 2:3 =Publi! o""i!e is a publi! trust. Publi! o""i!ers and employees must at all times be a!!ountable to the people, serve them #ith utmost responsibility, integrity, loyalty, and e""i!ien!y, a!t #ith patriotism and Busti!e, and lead modest lives.?

Constitutional Law: T*e Le1islative Department Digest prepared by: Charisse PeCa, Droup : (A.,%A2 3 T&$ $4$C5T,3$ 2$C.$TA.6 Date: De!ember -E, $EE: #etitioners: R&D&%@& C. @AR.FAS, MA59'% M. DARC.A, @RA5C.S D. 'SC9D'R&, and ADAP.(& A. AG9.5& .espondents: (H' '/'C9(.6' S'CR'(ARH, C&MM.SS.&5 &5 '%'C(.&5S, H&5. @'%.C.A5& R. 0'%M&5(', JR., S'CR'(ARH &@ (H' .5('R.&R A5D %&CA% D&6'R5M'5(, S'CR'(ARH &@ (H' S'5A(', A5D S'CR'(ARH D'5'RA% &@ (H' H&9S' &@ R'PR'S'5(A(.6'S, #onente: CalleBo, Sr. %ature o) t*e Case: Spe!ial Civil A!tions in the Supreme Court "or Certiorari and Prohibition see ing to de!lare as un!onstitutional Se!.-I o" RA 7EE, 2(he @air 'le!tion A!t3 as it e+pressly repeals Se!.,8 o" 0P 11-. Sec. 14 of RA 9006 states that Sections 67 and 85 of the Omnibus Election Code !atas "ambansa !l#. 881$ and Sections 10 and 11 of Re%ublic Act &o. 6646 a'e he'eb( 'e%ealed. As a conse)uence* the fi'st %'o+iso in the thi'd %a'a#'a%h of Section 11 of Re%ublic Act &o. 84,6 is 'ende'ed ineffecti+e. All la-s* %'esidential dec'ees* e.ecuti+e o'de's* 'ules and 'e#ulations* o' an( %a't the'eof inconsistent -ith the %'o+isions of this Act a'e he'eb( 'e%ealed o' modified o' amended acco'din#l(. (he repealed provision, Se!tion ,8 o" the &mnibus 'le!tion Code, <uoted earlier, reads: Sec 67. Candidates holdin# electi+e office. / An( electi+e official* -hethe' national o' local* 'unnin# fo' an( office othe' than the one -hich he is holdin# in a %e'manent ca%acit(* e.ce%t fo' "'esident and 0ice1"'esident* shall be conside'ed i%so facto 'esi#ned f'om his office u%on the filin# of his ce'tificate of candidac(. (acts o) t*e Case: 1. RA 7EE, entitled ?An A!t to 'nhan!e the Holding o" @ree, &rderly, Honest, Pea!e"ul and Credible 'le!tions through @air 'le!tion Pra!ti!es? is a !onsolidation o" House 0ill 7EEE and Senate 0ill -8I$. a. 5ovember $7, $EEE > 0i!ameral Con"eren!e Committee #ith 1 Senators J -, members o" House o" Representatives submitted its report. !. @ebruary K, $EE- > Rep. Paras proposed an amendment to the 0CC report. Rep. Dilangalen said House !ould no longer submit an amendment. Rep. Apostol moved that House return report to 0CC in vie# o" proposed amendment. Rep. Dilangalen e+pressed obBe!tion. 0ut upon viva vo!e voting, maBority o" HR approved return o" report to 0CC. HR ele!ted ane# its !on"erees to the 0CCA then again, "or un!lear reasons, HR ele!ted another set o" !on"erees. c. @ebruary 8, $EE- > Rep. 0unye moved that House !onsider 0CC report. Dilangalen said report had been re!ommitted to the 0CC. Chair responded that 0CC report #as a ne# one. House de"erred approval o" the report until other members #ere given a !opy.House approved report #L -$K a""irmative, : negative, no abstention. Reps. @arinas and Dar!ia said Se!.-I #as a rider. Rep. 's!udero e+pressed doubts on its !onstitutionality. Dilangalen observed that no senator signed 0CC report. &n same day, Senate approved 0CC report. .t #as duly signed by Senate President Pimentel and House Spea er 0elmonte and #as duly !erti"ied by Senate Se!retary J Se!. Den. o" HR. d. @ebruary -$, $EE- M DMA signed RA 7EE,. Petitioners' Claim Respondents' Comments 2(hey !onstitute minority blo! in House o" Representatives3 (he petitions #ere "iled by thePetitioners have no legal standing. petitioners in their !apa!ities as(hey have not sho#n that they have members o" the House o"su""ered harm as a result o" passage Representatives, and as ta+payerso" RA 7EE,. (hey have no interest as and registered voters ta+payers sin!e statute does not involve e+er!ise by Congress o" its ta+ing or spending po#er.

Se!.-I o" RA 7EE,, inso"ar as it Se!.-I o" RA 7EE, is not a rider nor repeals Se!.,8 o" &mnibus 'le!tiondoes it violate Art.6., Se!.$,2-3 o" Code is un!onstitutional "or violating Constitution. (itle is so broad that it Art.6., Se!.$,2-3 #hi!h re<uires everyen!ompasses all pro!esses involved in la# to have only one subBe!t #hi!han ele!tion e+er!ise, in!luding "iling o" should be e+pressed in its title. .t C&C by ele!tive o""i!ials. !onstitutes a pros!ribed rider be!ause o" the dissimilarity in subBe!t matter o" RA 7EE, and Se!.,8 o" &mnibus 'le!tion Code. RA 7EE, primarily deals #ith li"ting o" ban on use o" media "or ele!tion propaganda and elimination o" un"air ele!tion pra!ti!es, #hile Se!.,8 imposes a limitation on ele!tive o""i!ials #ho run "or o""i!e other than the one they are holding in a permanent !apa!ity by !onsidering them as ipso "a!to resigned upon "iling o" !erti"i!ates o" !andida!y 2C&C3. Repeal is not embra!ed in title and isRepeal o" Se!.,8 is germane to the not germane to subBe!t matter. general subBe!t o" RA 7EE, as it eliminates e""e!t o" prematurely terminating term o" an ele!tive o""i!ial. 4ith its repeal, all ele!tive o""i!ials are no# pla!ed on e<ual "ooting as they are allo#ed to "inish their respe!tive terms even i" they run "or o""i!e. Su!h repeal need not be e+pressly stated in the title. .t also violates e<ual prote!tion !lause Repealing Se!.,8 and leaving Se!.,8 by leaving inta!t Se!.,, #hi!ho" the &mnibus 'le!tion Code does imposes a similar limitation tonot violate e<ual prote!tion !lause. appointive o""i!ials. A substantial distin!tion e+ists S'C. ,,. Candidates holding bet#een these t#o sets o" o""i!ialsA appointive o""i!e or position. An( ele!tive o""i!ials o!!upy their o""i!e by %e'son holdin# a %ublic a%%ointi+e virtue o" their mandate based upon the office o' %osition* includin# acti+e popular #ill, #hile the appointive membe's of the A'med 2o'ces of the o""i!ials are not ele!ted by popular "hili%%ines* and office's and #ill. (he latter !annot, there"ore, be em%lo(ees in #o+e'nment1o-ned o' similarly treated as the "ormer. '<ual cont'olled co'%o'ations* shall be prote!tion simply re<uires that all conside'ed i%so facto 'esi#ned f'om persons or things similarly situated are his office u%on the filin# of his treated ali e, both as to rights ce'tificate of candidac(. !on"erred and responsibilities imposed. RA 7EE, is null and void in its entirety.nvo ing the enrolled bill do!trine, as irregularities attended itsrespondents re"ute allegations that ena!tment into la#. 'ven Se!.-,=irregularities? attended the ena!tment #hi!h provides that =A!t shall ta eo" RA 7EE,. e""e!t upon approval? is a violation o" due pro!ess !lause. Se!.-, o" RA 7EE, does not violate due pro!ess !lause as it does not entail any arbitrary deprivation o" li"e, liberty and property. (he se!tion providing "or penalties presume that "ormalities o" the la# #ould be observed. Also, issue about la! o" due pro!ess is premature as no one has been !harged #ith violation o" RA 7EE,.

Se!.,8 o" &mnibus 'le!tion Code is a good la# and should not have been repealed. Dimaporo v Mitra ruling stated that the provision #as based on !onstitutional mandate on the =a!!ountability o" publi! o""i!ers.? Spea er and Se!. Deneral o" HRSpea er and Se!. Deneral o" HR did a!ted #ith grave abuse o" dis!retion not !ommit grave abuse o" dis!retion "or not !onsidering those members o"in not e+!luding "rom the Rolls those the House #ho ran "or Senate during members #ho ran "or Senate during May $EE- ele!tions as ipso "a!toMay $EE- ele!tions. (hey merely resigned. !omplied #ith RA 7EE,, #hi!h enBoys presumption o" validity. ,ssues: Procedural 4&5 the petitioners have lo!us standi. Substantive -. 4&5 Se!.-I, the repealing !lause o" RA 7EE, is a rider. $. 4&5 Se!.-I o" RA 7EE, violates '<ual Prote!tion !lause. :. 4&5 RA 7EE, is null and void. I. 4&5 Se!.-, o" RA 7EE, is de"e!tive. &eld: Procedural -. Bein1 merel' a matter o) procedure, t*e court ma' adopt a li!eral stance on standin1 i) t*e case involves issues o) 7overarc*in1 si1ni)icance to our societ'.8 T*e principal issue posed !' present petitions is one o) 7overarc*in1 si1ni)icance8 t*at 9usti)ies Court:s adoption o) li!eral stance. A party #ho impugns the validity o" a statute must have a personal and substantial interest in the !ase su!h that he has sustained, or #ill sustain, dire!t inBury as a result o" its en"or!ement. 2People v 6era3 (his is to assure that !on!rete adverseness #hi!h sharpens the presentation o" issues upon #hi!h the !ourt so largely depends "or illumination o" di""i!ult !onstitutional <uestions. 20a er v Carr3 .n previous rulings, the Court has ta en !ogniNan!e o" petitions "iled by Members o" Congress assailing validity o" a!ts, de!isions, rulings or orders o" various government agen!ies or instrumentalities. 4ith the national ele!tions barely seven months a#ay, Court must !on"ront the issue no# and resolve it. (his is also to prevent multipli!ity o" suits. )All a#ait the de!ision o" this Court on the !onstitutional <uestion. . . the e+!eptional !hara!ter o" the situation that !on"ronts us, paramount publi! interest, undeniable ne!essity "or a rulingOrein"or!e our stand. 2DonNaleN v Comele!3 Courts have the inherent authority to determine #hether a statute ena!ted by the legislature trans!ends the limit imposed by Constitution. Substantive -. % , Se! -I, the repealing !lause o" RA 7EE, is not a rider. (he title and obBe!tivesP-Q o" RA 7EE, are !omprehensive enough to in!lude the repeal o" Se!.,8 o" &mnibus 'le!tion Code. .t #ould be su""i!ient i" the title is !omprehensive enough reasonably to in!lude the general obBe!t #hi!h a statute see s to e""e!t. (he title need not be an abstra!t or inde+ o" the A!t. %egislators !onsidered Se!.,8P$Q as a "orm o" dis!rimination that had to be repealed, #hi!h the '+e!utive !on!urred #ith by signing it into la#. 0ut the Court !annot loo into the #isdom o" the la# sin!e it is not !on!erned #ith poli!y matters. Congress is not pre!luded "rom repealing Se!. ,8 by the Dimapora v Mitra ruling #hi!h upheld the validity o" su!h provision and pronoun!ed that it had a laudable purpose. (he purpose o" Art.6., Se!.$,2-3 is to apprise legislators o" the purpose, nature and s!ope o" provisions o" the bill. .n this !ase, legislators #ere undoubtedly a#are o" the e+isten!e o" the repealing provisions.

$. % , Se!.-I o" RA 7EE, does not violate '<ual Prote!tion !lause. Classi"i!ation as regards ele!tive and appointive o""i!ials is based upon material distin!tions and as long as all persons belonging under the same !lassi"i!ation are similarly treated, then the e<ual prote!tion !lause is not in"ringed. 'le!tive o""i!ials o!!upy o""i!e by virtue o" mandate o" the ele!torateA appointive o""i!ials hold their o""i!e by virtue o" their designation by an appointing authority. Another substantial distin!tion is "ound in Administrative Code o" -718 #herein appointive o""i!ials are stri!tly prohibited "rom engaging in any partisan politi!al a!tivity, but under the same provision, ele!tive o""i!ials are e+pressly allo#ed to ta e part. 0y repealing Se!.,8 but retaining Se!.,, 2&mnibus 'le!tion Code3, the legislators deemed it proper to treat these $ !lasses o" o""i!ials di""erently #ith respe!t to the e""e!t on their tenure in o""i!e o" "iling o" !erti"i!ates o" !andida!y "or any position other than those o!!upied by them. .t is not #ithin po#er o" SC to pass upon #isdom o" su!h !lassi"i!ation. :. % , RA 7EE, is valid. (he enrolled bill do!trine applies. Parliamentary rules are merely pro!edural and #ith their observan!e the !ourts have no !on!ern. 2&smena v Pendatun3. 9nder the =enrolled bill do!trine?, the signing o" a bill by the House Spea er J the Senate President and the !erti"i!ation o" Se!retaries o" both Houses that it #as passed are !on!lusive o" its due ena!tment. 'ven i" irregularities attended the passage o" the la#, the Court is not the proper "orum "or the en"or!ement o" these internal rules o" Congress, #hether House or Senate. I. % , RA 7EE, is not de"e!tive. ='""e!tivity? !lause #hi!h provides that RA 7EE, =shall ta e e""e!t immediately upon its approval? is de"e!tive, but does not render entire la# invalid. Re<uirement o" publi!ation !annot in any event be omitted. 2(anada v (uvera3. @ollo#ing Art.$ o" Civil Code, RA 7EE, too e""e!t "i"teen days a"ter its publi!ation in the &""i!ial DaNette or a ne#spaper o" general !ir!ulation. Jud1ment: .n !on!lusion, the !ourt bears reiterating that one o" the "irmly entren!hed prin!iples in !onstitutional la# is that the !ourts do not involve themselves #ith nor delve into the poli!y or #isdom o" a statute. (hat is the e+!lusive !on!ern o" the legislative bran!h o" the government. 4hen the validity o" a statute is !hallenged on !onstitutional grounds, the sole "un!tion o" the !ourt is to determine #hether it trans!ends !onstitutional limitations or the limits o" legislative po#er. 5o su!h transgression has been sho#n in this !ase. Petitions dismissed. P-Q Se!. $. 3ecla'ation of "'inci%les.M (he State shall, during the ele!tion period, supervise or regulate the enBoyment or utiliNation o" all "ran!hises or permits "or the operation o" media o" !ommuni!ation or in"ormation to guarantee or ensure e<ual opportunity "or publi! servi!e, in!luding a!!ess to media time and spa!e, and the e<uitable right to reply, "or publi! in"ormation !ampaigns and "ora among !andidates and assure "ree, orderly, honest, pea!e"ul and !redible ele!tions. (he State shall ensure that bona "ide !andidates "or any publi! o""i!e shall be "ree "rom any "orm o" harassment and dis!rimination. P$Q Se!. ,8. Candidates holdin# electi+e office.M Any ele!tive o""i!ial, #hether national or lo!al, running "or any o""i!e other than the one #hi!h he is holding in a permanent !apa!ity, e+!ept "or President and 6i!e>President, shall be !onsidered ipso "a!to resigned "rom his o""i!e upon the "iling o" his !erti"i!ate o" !andida!y.

A. B.

Consti->4ho ma es our la#sR Codilla v. De 3enecia Digest by: Dayle Reyes C. Date: De! -E, $EE$ D. #arties: Petitioner: 'u"ro!ino M. Codilla Sr. Respondents: Hon. Jose de 6ene!ia2Spea er3 , Roberto P. 5aNareno2Se! Deneral o" House3,Ma. 6i!toria %. %o!sin $. %ature and Case &istor': .nstant Case "or Mandamus. (. (acts: Petitioner has not been dis<uali"ied by "inal Budgment #hen the ele!tions #ere !ondu!ted on May-I, $EE-. (he Regional 'le!tion Dire!tor has yet to !ondu!t hearing on the petition "or his dis<uali"i!ation. Petitioner Codilla #on in the ele!tion #ith 8-,:KE votes as against %o!sin #ho re!eived K:,II8 votes only. Ho#ever, %o!sin "iled a Most 9rgent Motion "or suspension !ontained a statement to the e""e!t that the !opy #as served to the petitioner through registered mail. (he re!ords reveal that no registry re!eipt #as atta!hed to prove su!h servi!e. (his violates C&M'%'C Rules o" Pro!edure re<uiring noti!e and servi!e o" the motion to all parties. Respondent "iled another Most 9rgent Motion "or the suspension o" petitioner*s pro!lamation. C&M'%'C $nd div. issued an order suspending the pro!lamation o" petitioner. Petitioner #as not given an opportunity to !ontest the allegations !ontained in the petition "or dis<uali"i!ation. (he order #as issued on the same day the motion #as "iled. (he petitioner !ould not have re!eived the $nd motion, as #ell as ans#er the same on time as he #as served a !opy thereo" by registered mail. Petitioner "iles a Motion to %i"t the &rder o" Suspension o" his pro!lamation on May $K, $EE-. &ral argument and memoranda #as passed but motion #as not a!ted upon. .nstead, C&M'%'C issued a resolution on the petition "or dis<uali"i!ation against the petitioner based on 2-3 the a""idavits atta!hed to the Petition "or Dis<uali"i!ation 2$3a""idavits atta!hed to the ans#er 2:3respe!tive memoranda o" the parties. C&M'%'C then "ound eviden!e insu""i!ient. Codilla #as dis<uali"ied on the basis o" a""idavits o" #itnesses. He allegedly violated se!,1 o" the omnibus ele!tion !ode, sin!e he allegedly gave money or other material !onsideration to in"luen!e, indu!e or !orrupt voters. C&M'%'C ordered the e+!lusion o" the votes o" petitioner and pro!laimed %o!sin as representative o" the Irth legislative distri!t o" %eyte. Codilla "iled a motion "or re!onsideration to C&M'%'C en ban!. +. ,ssues: -. 4hether the Most 9rgent Motion "all under the e+!eptions to noti!e and servi!e o" motions. $. 4hether C&M'%'C $5D div. gave ample opportunity to the petitioner to addu!e eviden!e in support o" his de"ense in the petition "or dis<uali"i!ation. :. 4hether C&M'%'C $nd div dis<uali"ying petitioner is based on substantial eviden!e. I. 4hether e+!lusion o" votes in "avor o" the petitioner and the pro!lamation o" the respondent %o!sin #ere done #ith undue haste. K. 4hether the pro!lamation o" %o!sin divested the C&M'%'C en ban! o" Burisdi!tion to revie# its validity. ,. 4hether it is the ministerial duty o" the publi! respondent to re!ogniNe Codilla as the legally ele!ted representative o" the Irth distri!t o" %eyte vi!e respondent %o!sin. &. .atio:

1. %o.(he suspension o" pro!lamation o" a #inning !andidate is not a matter #hi!h the C&M'%'C $nd division !an dispose o" motu proprio. RA ,,I, se!, re<uires that the suspension must be =upon motion by the !omplaint or any intervenor? Also, the right o" an adverse party is !learly a""e!ted, given the la! o" servi!e o" the motion to the petitioner, said motion is a mere s!rap o" paper. /. %o. All throughout the pro!eeding, no hearing #as !ondu!ted on the petition "or dis<uali"i!ation in gross violation o" RA ,,I, #hi!h spe!i"i!ally enBoins the C&M'%'C to =!ontinue #ith the trial or hearing o" the a!tion. (he hearing on the motion to li"t the order o" suspension !annot be substituted "or the hearing in the dis<uali"i!ation !ase, be!ause the parties may have other eviden!e that is not proper "or the other !ase. And there may be eviden!e that are unavailable during one but may be available "or the other. Petitioner !laims that he submitted a memoranda support his motion and not as an ans#er :. 5o. .t merely relied on a""idavits o" #itnesses atta!hed to the petition "or dis<uali"i!ation #ithout hearing the a""iants and #ithout eviden!e "rom petitioner. A""idavits are not ground to dis<uali"i!ation as the $ #itness merely sa# #hite tru! s dumping gravel and sand #hite the other #itness is based only on hearsay and no personal no#ledge o" #hat happened. C&M'%'C Burisdi!tion is limited to se!tion ,1 o" the &mnibus 'le!tion Code, all other o""enses, li e vote>buying and vote>selling, use o" publi! "unds are beyond their Burisdi!tion as they are !riminal and not administrative in nature. ;. %o. Petitioner re!eived noti!e only through his !ounsel via "a+ in the a"ternoon #hen everything #as already "iat a!!ompli. He #as not able to !ontest the issuan!e o" the Certi"i!ate o" Canvass and the pro!lamation o" %o!sin, #hi!h resulted to D'5.A% &@ D9' PR&C'SS. (he votes !ast in "avor o" the petitioner !annot be !onsidered =stray? and respondent !annot be validly pro!laimed on that basis. (he dis<uali"i!ation o" petitioner is null and void "or violating due pro!ess and "or #ant o" substantial basis. .t is improper "or C&M'%'C to order immediate e+!lusion o" votes o" petitioner, and on this basis pro!laimed the respondent as having garnered the $nd highest votes. 2-3(he order o" dis<uali"i!ation is not yet "inal sin!e it re<uires a "inal Budgment be"ore the ele!tion "or the votes o" a dis<uali"ied !andidate to be !onsidered stray, people voted "or him. Considering the timely "iling o" a motion "or re!onsideration, C&M'%'C gravely abused its dis!retion in ordering the immediate dis<uali"i!ation o" the petitioner and ordering the e+!lusion o" the votes in his "avor. Se! $ rule -7 o" C&M'%'C Rules o" Pro!edure is very !lear that a timely motion "or re!onsideration shall suspend the e+e!ution or implementation o" the resolution. 2$3 %o!sin is a se!ond pla!er there"ore !annot be pro!laimed #hen the - st is dis<uali"ied. (his is against the right o" su""rage, sin!e the people*s !hoi!e is the paramount !onsideration and their e+pressed #ill must be given e""e!t. ;. %o. 2-3 (he validity o" the respondent )s pro!lamation #as a !ore issue on the motion "or re!onsideration seasonably "iled by the petitioner. (he validity o" respondent %o!sin*s pro!lamation #as made a !entral issue here, #ithout doubt C&M'%'C en ban! has Burisdi!tion to rule on the issue. (he "a!t that the petition "or nullity o" pro!lamation #as "iled dire!tly #ith the C&M'%'C en ban! !ould still rule on the nullity o" respondent*s pro!lamation be!ause it #as properly raised in the motion "or re!onsideration. Se! : art7! o" the -718 Constitution empo#ers C&M'%'C en ban! to revie#, on motion "or re!onsideration, de!isions or resolutions de!ided by a division. Sin!e the petitioner seasonably "iles a Motion "or Re!onsideration o" the &rder o" the $nd division suspending his pro!lamation and dis<uali"ying him, C&M'%'C en ban! #as not divested o" its Burisdi!tion to revie# the order. (he order is unen"or!eable as it has not attained "inality. .t !annot be used as the basis "or %o!sin to assume o""i!e. 2$3 HR'( has no Burisdi!tion in the instant !ase. (he issue o" validity o" the resolution o" the !omele! $ nd div has not yet been resolved by C&M'%'C en ban!. (he instant !ase does not involve the ele!tion and <uali"i!ation o" %o!sin. A <uo #arranto #ith the

HR'( may be "iled only on the grounds o" ineligibility and disloyalty to the Philippines. HR'( is dire!ted against one #ho has been duly ele!ted and pro!laimed "or having obtained the highest number o" votes but #hose eligibility is in <uestion at the time o" pro!lamation. %o!sin !annot be subBe!t to <uo #arranto pro!eeding sin!e she lost the ele!tions to the petitioner by a #ide margin, her pro!lamation #as a patent nullity, her premature assumption to o""i!e #as void "rom the beginning. <. 6es. A subBe!t "or mandamus must be a purely ministerial a!t or duty and not dis!retionary on the part o" the board, o""i!er or person, and that the petitioner has a #ell>de"ined, !lear and !ertain right to #arrant the grant. (he duty in this !ase is ministerial only #hen the dis!harge o" the same re<uires neither the e+er!ise o" the o""i!ial dis!retion or Budgement. (he "a!ts are settled and #ithout dispute, petitioner #on #ith a #ide margin. C&M'%'C $nd div initially ordered the pro!lamation o" %o!sin, on motion "or re!onsideration the C&M'%'C en ban! set aside the order o" its $ nd div and ordered the pro!lamation o" the petitioner. (he de!ision o" the C&M'%'C en ban! has not been !hallenged be"ore this !ourt by %o!sin and said de!ision had be!ome "inal and e+e!utory. ,. D$C,2, %: Petition "or mandamus is granted. Publi! Spea er o" the house o" representati!ve shall administer oath o" petitioner '9@R&C.5& M. C&D.%%A SR., as the duly>ele!ted Representative o" the Irth legislative distri!t o" %eyte.

A. C&5S(. &n 0. Tolentino vs. C M$L$C> ring Namora group : C. Jan $- $EEI D. #arties: > Petitioners: Arturo (olentino, Arturo MoBi!a > Respondents: C&M'%'C, Ralph Re!to, Dregorio Honasan > Ponente: Carpio '. Bac=1round: (his is a petition "or prohibition to set aside the C&M'%'C*s Resolutions #hi!h pro!laimed o""i!ial and "inal the -: !andidates ele!ted as Senators in the May -I $EE- ele!tions. @. (acts o) t*e Case .n @eb $EE-, a Senate seat "or a term e+piring on June :E $EEI #as va!ated #L the appointment o" then Sen. Duingona as 6P o" the P.. (he Senate then adopted Resolution S1I #!: -3 !erti"ied the e+isten!e o" a va!an!y in the Senate J $3 !alled the C&M'%'C to "ill up the said va!an!y through a spe!ial ele!tion to be held simultaneously #L the regular ele!tion on May -I $EE-, and :3 de!lared the senatorial !andidate garnering the -: th highest number o" votes shall serve only "or the une+pired term o" "ormer Sen. Duingona. A!!dg to the Senate, this Resolutn is "or the =guidan!e? J =implementatn? o" the C&M'%'C, Jthat it had 5& dis!retion to alter the said pro!edure. 5obody "iled a !erti"i!ate o" !andida!y to "ill the position o" senator to serve the une+pired :yr term in the spe!ial ele!tn. All the senatorial !andidates "iled the !erti"i!ates o" !andida!y "or the -$ regular Senate seats #L a ,yr term ea!h. C&M'%'C distributed nation#ide o""i!ial do!uments 2eg 6oter .n"o Sheet, %ist o" Candidates, Sample 0allot3. (he %ist o" Candidates D.D 5&( provide $ di""erent !ategories o" Senate seats to be voted, namely the -$ regular ,>year term seats J the single :>year term seat. 5or did the ballots provide a separate spa!e "or the !andidate to be voted in the spe!ial ele!tion J instead provided -: spa!es "or -: senatorial seats. 4ithout any C&M'%'C resolutionLnoti!e on the time, pla!e J manner o" the spe!ial ele!tion, the spe!ial ele!tion #as held on the s!heduled May -I $EEregular ele!tions. A single !anvassing o" votes "or a single list o" senatorial !andidates #as also done. Petitioners assailed the manner by #hi!h the spe!ial ele!tion #as !ondu!ted "or violating the pre!edents set by the -7K- J -7KK spe!ial ele!tions, both o" #! #ere held simultaneously J yet distin!tly #L the regular general ele!tions. (hus, they pray that the Court de!lare that -3 5& spe!ial ele!tions #ere held J that $3 Comele!*s Resolutions that pro!laim the Senatorial !andidate #ho obtained the -:th highest S o" votes as a duly ele!ted be de!lared 59%%J6&.D D. ,ssue-s #rocedural ,ssues: -3 4&5 the Court has no Burisdi!tion over the matter be! respondents say it is a >uo warranto proceedin1 2a pro!eeding #! determines the right o" a publi! o""i!er in the e+er!ise o" his o""i!e J to oust him "rom it i" his !laim is not #ell>"ounded3 , #here only the Senate 'le!toral (ribunal !an serve as Budge. $3 4&5 the petition is M&&( :3 4&5 the petitioner have lo!us standi 2u!stantive ,ssue: 4&5 a spe!ial ele!tion to "ill a va!ant :>yr term Senate seat #as validly held on May -I $EE-, despite the la! o" a =!all? "or su!h an ele!tion J "or la! o" noti!e "rom C&M'%'C H. .atio Decidendi (he petition HAS 5& M'R.(. #rocedural ,ssues: -3 H'S, the Court !an properly e+er!ise Burisdi!tion be! #hat the petitioners are <uestioning here is the validity o" the spe!ial ele!tion in #! Honasan #as ele!ted, 5&( his right in the e+er!ise o" his o""i!e as Senator. His ele!tion is merely in!idental to the petitioner*s !ase o" a!tion.

$3 Although the petition may be moot, it is no bar "or the Court to de!ide on its resolution be! the <uestion o" the validity o" a spe!ial ele!tion is li ely to be repeated :3 H'S, the Court shall be liberal in applying its rule o" lo!us standi be! the issues raised are o" trans!endental signi"i!an!e J paramount importan!e to the people, "or it involves the people*s right "or su""rage. 2u!stantive ,ssue: H'S, a spe!ial ele!tion to "ill a va!ant :>yr term Senate seat #as validly held on May -I $EE-. Although C&M'%'C D.D 5&( C&MP%H #L the re<uirements o" RA ,,IK, either stri!tly or substantially, it does 5&( invalidate the spe!ial ele!tion. 4HHR A3 0e! although no !alls "or spe!ial ele!tion #ere made by C&M'%'C, Se! $ o" RA ,,IK, as amended by RA 8-,, already provides that in !ase o" va!an!y in the Senate, the spe!ial ele!tion to "ill su!h va!an!y shall be held simultaneously #L the ne+t su!!eeding regular ele!tion. (he la# already !harges the voters #L no#ledge o" this statutory noti!e J C&M'%'C*s "ailure to give additional noti!e did not negate the !alling o" su!h spe!ial ele!tion, mu!h less invalidate it. 03 Moreover, there is no proo" that the C&M'%'C*s "ailure to give a "ormal noti!e o" the &""i!e to be "illed J the manner o" determining the #inner in the spe!ial ele!tion a!tually misled voters J thereby !hanged the results o" the ele!tion. A"ter all, the voters !an be duly noti"ied through other sour!es su!h as media reports J ele!tion propaganda during the !ampaign. C3 &ur ele!tion la#s D& 5&( re<uire that a separate do!umentation or !anvassing o" votes be made "or a spe!ial ele!tion. C&M'%'C a!ted #Lin its !onstitutional po#ers #hen it !hose to abandon the pre!edents o" the -7KJ-7KK spe!ial ele!tions J instead adopted the Senate*s Resolution 1I #! shall a#ard to the senatorial !andidate garnering the -: th highest number o" votes, the une+pired Senate term o" Sen. Duingona. (he Court shall not inter"ere. note: the Senate 2through Ro!o*s suggestion3, in Resolution 1I "elt that giving the :year term to the !andidate #L the -: th highest number o" votes #as being pra!ti!al J e!onomi!al3 .n "ine, the Court is loathe to annul ele!tions despite !ertain irregularities unless it is impossible to distinguish #! la#s are la#"ul J #! are not. (his is to a! no#ledge the "a!t that su""rage is one "orm o" people*s dire!t parti!ipation in government, J it is thus indispensable in a demo!rati! so!iety li e ours. 444RE56&3ER to CO5E7EC444 8 the Cou't ho-e+e'* 'eminded the CO5E7EC to not ta9e chances an(mo'e in futu'e elections. CO5E7EC 'eminded to ne.t time* com%l( st'ictl( -: all the 'e)ui'ements of the la'e#a'din# both 'e#ula' ; s%ecial elections. J. Appendi0: 1? #uno:s Dissentin1 pinion 2Boined by Davide, 6itug, Hnares>Santiage J (inga3 (he ele!torate should have been in"ormed o" the time, pla!e J manner o" !ondu!t o" the May -I $EE- spe!ial ele!tion "or the single senatorial seat "or the une+pired term o" 6P Duingona. (he !ases o" (olentino, 95.D&, 0lo 9mpar Adiong J Hassan all deepened the do!trine that a meaning"ul e+er!ise o" the right o" su""rage in a genuinely "ree, orderlyJhonest ele!tion is predi!ated upon an in)ormed ele!torate. (he !ases o" 0in!e J 0enito also tea!h us that !orre!t as!ertainment o" the #ill o" the people is e<ually ne!essary. .n not allo#ing the voter to separately indi!ate the !andidate he voted "or the :yr senatorial term, the voter #as deprived o" his right to ma e an in"ormed Budgment based on his o#n reasonsJvaluations. (hus, his true #ill in the spe!ial ele!tion #as not as!ertained. .t is the ponen!ia*s argument that RA ,,IK, as amended by RA 8-,, already provides that in !ase o" va!an!y in the Senate, the spe!ial ele!tion to "ill su!h va!an!y shall be held simultaneously #L the ne+t su!!eeding regular ele!tion. Ho#ever, this is 5&( the intention o" the said la#s, "or they still re<uire that the C&M'%'C issue an o""i!ial noti!e o" !all o" spe!ial ele!tions. %i e#ise, neither RA ,,IK nor RA 8-,, !ontemplates the integration o" the spe!ial ele!tion into the regular ele!tion #hereby !andidates #ho "iled !erti"i!ates o" !andida!y "or the regular ele!tions also automati!ally stand as !andidates in the spe!ial ele!tion. (he &mnibus 'le!tion Code is !lear that a !andidate !an run "or only - position in an ele!tion.

Constitutional %a# - M (he %egislative Department: Party %ist System (he ponen!ia li e#ise !ites the Du<uette !ase to lend support to its thesis that statutory noti!e su""i!es. .n Du<uette, it #as held that in the absen!e o" an o""i!ial noti!e o" the spe!ial ele!tion mandated by la# to be held simultaneously #L the regular ele!tion, there should be a!tual noti!e o" the ele!torate, as proven by the voting o" a signi"i!ant per!entage o" the ele!torate. .n the !ase at bar ho#ever, the number o" votes !ast "or the spe!ial ele!tion !annot be as!ertained as the ballot did not indi!ate separately the votes "or spe!ial ele!tion. (hus, there is neither o""i!ial noti!e nor proo" o" a!tual noti!e. (he Senate*s observation that the pro!edure "or the spe!ial ele!tion that it adopted #ould be lost !ostly "or the govt as the ballots need not be printed separately does not Busti"y the manner o" the May -I $EE- spe!ial ele!tion. 4e !annot bargain the ele!torate*s "undamental right to vote intelligently #L o" the !oin o" !onvenien!e. 0esides, even #L the Senate observation, the regular ballot had to be modi"ied any#ay, to in!lude a -:th spa!e. Relian!e on RA ,,IK as amended by RA 8-,, is 'RR&5'&9S, "or under it, it is the C&M'%'C and 5&( the Senate #! is supposed to !all J hold spe!ial ele!tions in !ase o" va!an!y. (he Senate has 5& P&4'R to impose on the C&M'%'C the pro!edure "or the spe!ial ele!tion. .n "ine, the ponen!ia*s ruling #ill not only be a step ba! in time but also !onstitute a "all in the nation*s rise to demo!ra!y. @ree ele!tions does not only mean that the voter is not physi!ally restrained "rom going to the polling booth but also that the voter is unrestrained by the bondage o" ignoran!e. $3 1"51 @ 1"55 elections: .n the -7K- J -7KK ele!tions, #! #ere supposed to serve as models "or spe!ial ele!tions: a3 a separate spa!e #as provided in the o""i!ial ballot "or senatorial !andidates running "or the $yr term, b3 !andidates "or the single Senate term o" $ yrs "iled separate J distin!t !erti"i!ates o" !andida!y, !3 tallying J !anvassing #ere separated "or the regularJspe!ial ele!tions. 3eterans (ederation #art' vs. C M$L$C Digest prepared by: %uis Jose @. Deronimo, Droup : Date: &!tober ,, $EEE #arties: Petitioners: 6arious party>list groups that #on seats in the -771 ele!tions by obtaining the $T threshol provided by RA 87IRespondents: C&M'%'C, various party>list groups #hi!h "ailed to meet the $T threshold re<uirement but #ere nevertheless ordered pro!laimed by the C&M'%'C in an assailed resolution, and Manuel 6illar, in his !apa!ity as House Spea er Ponente: Panganiban, J. Bac=1round: 1. %ature: Consolidation o" three petitions "or !ertiorari. /. Case &istor': Case is an atta! against an earlier C&M'%'C resolution allo#ing party>list groups #hi!h "ailed to meet the $T threshold re<uirement "or gaining a seat in the House o" Representatives to "ill the remainder o" the K$ seats made available "or party>list groups. (acts o) t*e Case: (he -718 Constitution, in Art 6., Se! K provides "or a party>list system o" representation in the Congress o" the Philippines . Paragraph t#o provides "urther that: =(he party>list representatives shall !onstitute t-ent( %e' centum o" the total number o" representatives, in!luding those under the party>list... the seats allo!ated to party>list representatives shall be "illed, as provided by la#, by sele!tion or ele!tion...? Pursuant to the above, Congress ena!ted RA 87I- #hi!h, in regard to the allo!ation o" seats "or party>list groups, provides "or: -. parties shall be ran ed "rom highest to lo#est $. parties obtaining $T o" total votes !ast "or party>list shall be entitled to one seat ea!h :. provided that those garnering more than $T shall be entitled to additional seats in %'o%o'tion to thei' total numbe' of +otes I. ea!h #inning party shall not be entitled to more than : seats &n May --, -771, the Philippines !ondu!ted its "irst party>list ele!tion. (he C&M'%'C en ban! pro!laimed -: party>list representatives "rom -$ party>list groups #hi!h obtained more than $T o" total votes !ast. Subse<uently, the C&M'%'C also pro!laimed C&C&@'D as #inner as it had obtained $.EIT o" total votes !ast. 4ith this, a total o" -I party>list representatives #ere serving at the House, :1 short o" K$ seats or $ET o" the total seats available in the House. &n July ,, -771, PAD>ASA, a losing party>list group, "iled a petition be"ore the C&M'%'C see ing the pro!lamation o" the "ull number o" party> list representatives. .t #as subse<uently Boined by other losing party>list groups. &n &!t -K, -771, the C&M'%'C promulgated a resolution granting PAD>ASA*s petition. .t also ordered the pro!lamation o" the :1 respondents to this petition, thus bringing the total o" sitting party>list representatives to K$, a "ull $ET o" the, then, House membership. (he C&M'%'C Busti"ied its ruling: -. the party>list system #as !on!eived to enable the marginaliNed se!tors o" Philippine so!iety to be represented $. the system should represent the broadest se!tors o" Philippine so!iety :. it should en!ourage a multi>party system (he earlier pro!laimed party>list #inners "iled a motion "or re!onsideration to the C&M'%'C*s resolution insisting that: -. only those #ho have satis"ied the $T threshold are entitled to seats $. additional seats should be given only to those #ho have satis"ied the $T threshold .n response the C&M'%'C asserted that a stri!t implementation o" the $T threshold: -. did not serve the interests o" the Constitution and the legislature $. #ould prevent the Commission "rom !omplying #ith the !onstitutional and statutory re<uirement o" $ET o" the seats in the House being o!!upied by party>list representatives.

@ollo#ing the C&M'%'C*s denial o" their motion, petitioners have pursued this a!tion in the Supreme Court. ,ssues: -. 4&5 the $ET allo!ation is mandatory or merely a !eiling $. 4&5 the $T threshold re<uirement and the three>seat limit are !onstitutional :. ." the ans#er to the above is in the a""irmative, ho# should the additional seats o" a <uali"ied party be allo!atedR I. 4&5 C&M'%'C !ommitted grave abuse o" dis!retion in asserting its o#n interpretations o" the Constitution and RA 87I-. .atio Decidendi: -. .t is only a C'.%.5D. > A simple reading o" the Constitution sho#s that it only sets do#n the per!entage o" the total House membership o" party>list groups $. H'S. (hey are both !onstitutional. > the $T per!ent threshold is to ensure that only those groups #ith substantial !onstituen!ies are represented. .t is to ensure meaning"ul representation > (he three>seat limit ensures the promotion o" a pluralisti!, multi>party system that undermines the tenden!y o" !ertain parties to dominate the legislature :. (he Court evin!es the "ollo#ing steps in the allo!ation o" seats: a Ran all the parti!ipating groups "rom the highest to the lo#est > (he ratio "or ea!h party is !omputed by dividing its votes by the total number o" votes !ast > All parties #hi!h obtain $T o" total votes !ast is entitled to one seat ea!h > &nly these groups shall be !onsidered in the allo!ation o" additional seats > (he party re!eiving the highest number o" votes shall be the ="irst party? b. Determine the number o" seats the "irst party is entitled to in order to be able to !ompute that "or the other parties. %o#er ran ing parties should be given seats proportional to the votes o" the "irst party. > note that "ra!tional granting granting o" seats is impossible, so is rounding o"" be!ause this !an serve to deprive another party o" its "ra!tional share as #ell as ultimately result to the allo!ation o" more seats than those provided by la#. !. Solve "or the number o" aditional seats the other <uali"ied parties are entitled to based on proportional representation. 9se the "" "ormula: 5o o" party*s votes 5umber o" additional Add*l seats U VVVVVVVVVVVVVVVVVVVV / seats allo!ated to 5o. o" -st party*s votes the -st party I. H'S. (here #as grave abuse o" dis!retion. > (he C&M'%'C arrogated unto itsel" #hat the Constitution vested in the legislature: the po#er to determine and de"ine the me!hani!s o" the party>list system. Decision: Petition is partially granted. > (he assailed C&M'%'C resolution is set aside > (he legality o" the in!umben!y o" the -I sitting party>list representatives is a""irmed in so "ar as they are in a!!ordan!e #ith the Court*s addu!ed "ormulation "or the allo!ation o" seats in the party>list system. > Petitioner*s prayer that they be given the remianing :1 seats !annot be granted in so "ar as su!h #ould run against the notion o" proportional representation

A. Consti 1 %egislative Department: Party %ist System B. An1 Ba1on1 Ba'aniA (B La!or #art' v Comelec Digest Prepared by: Sop"ia, Droup : C. June /<, /CC1 D+... %o. 1;E5F"? D. #arties #etitioner: Ang 0agong 0ayani>&@4 Party %abor Party .espondents: C&M'%'C, other =!oalitionsLorganiNa tions? and =politi!al parties? o" &mnibus Resolution :81K Consolidated wit* anot*er petition: #etitioner: Ba'an Muna .espondents: C M$L$C and ot*er 7MAJ . political parties8 o) mni!us .esolution GEF5? $. Bac=1round (his is a !onsolidated Petition !hallenging &mnibus Resolution 5o. :81K issued by Comele! on Mar!h $,, $EE-. (his Resolution approved the parti!ipation o" -KI organiNations and parties, in!luding private respondents herein, in the $EE- party>list ele!tions. Petitioners see the dis<uali"i!ation o" private respondents, arguing mainly that the party>list system #as intended to bene"it the marginaliNed and underrepresentedA not the mainstream politi!al parties, the non>marginaliNed or overrepresented. (. (acts o) t*e Case 4ith the onset o" the $EE- ele!tions, the Comele! re!eived several Petitions "or registration "iled by se!toral parties, organiNations and politi!al parties. (herea"ter, be"ore the @ebruary -$, $EE- deadline pres!ribed by C&M'%'C, the registered parties and organiNations "iled their respe!tive Mani"estations, stating their intention to parti!ipate in the party>list ele!tions. &ther se!toral and politi!al parties and organiNations #hose registrations #ere denied also "iled Motions "or Re!onsideration, together #ith Mani"estations o" their intent to parti!ipate in the party>list ele!tions. (he Comele! gave due !ourse or approved the Mani"estations 2or a!!reditations3 o" -KI parties and organiNations, but denied those o" several others in its assailed Mar!h $,, $EE- &mnibus Resolution 5o. :81K, #hi!h #e <uote: <=e ca'efull( delibe'ated the fo'e#oin# matte's* ha+in# in mind that this s(stem of %'o%o'tional 'e%'esentation scheme -ill encou'a#e multi1 %a'tisan >sic? and enhance the inabilit( of small* ne- o' secto'al %a'ties o' o'#ani@ation to di'ectl( %a'tici%ate in this electo'al -indo-. <6t -ill be noted that as defined* the A%a't(1list s(stemB is a Amechanism of %'o%o'tional 'e%'esentationB . . . <Co-e+e'* in the cou'se of ou' 'e+ie- of the matte's at ba'* -e must 'eco#ni@e the fact that the'e is a need to 9ee% the numbe' of secto'al %a'ties* o'#ani@ations and coalitions* do-n to a mana#eable le+el* 9ee%in# onl( those -ho substantiall( com%l( -ith the 'ules and 'e#ulations and mo'e im%o'tantl( the sufficienc( of the 5anifestations o' e+idence on the 5otions fo' Reconside'ations o' O%%ositions.D &n April -E, $EE-, A bayan CitiNens A!tion Party "iled be"ore the Comele! a Petition praying that =the names o" Psome o" herein respondentsQ be deleted "rom the )Certi"ied %ist o" Politi!al PartiesLSe!toral PartiesL&rganiNatio nsLCoalitions Parti!ipating in the Party %ist System "or the May -I, $EE- 'le!tions* and that said !erti"ied list be a!!ordingly amended.? Mean#hile, dissatis"ied #ith the pa!e o" the Comele!, Ang 0agong 0ayani>&@4 %abor Party "iled a Petition be"ore this Court on April -,, $EE-. (his Petition assailed Comele! &mnibus Resolution 5o. :81K. &n April -8, $EE-, Petitioner 0ayan Muna also "iled be"ore this Court a Petition also !hallenging Comele! &mnibus Resolution 5o. :81K. .n its Resolution dated May 7, $EE-,P-:Q the Court ordered the !onsolidation o" the t#o Petitions be"ore itA dire!ted respondents named in the se!ond Petition to "ile their respe!tive Comments on or be"ore noon o" May -K, $EE-A and !alled the parties to an &ral Argument on May -8, $EE-. .t added that the Comele! may pro!eed #ith the !ounting and !anvassing o" votes !ast "or the party>list ele!tions, but barred the pro!lamation o" any #inner therein, until "urther orders o" the Court. +. ,ssue-s

-. 4&5 re!ourse under Rule ,K is proper legal remedy. .s there no other plain, speedy or ade<uate remedy in the ordinary !ourse o" la#R $. 4&5 politi!al parties may parti!ipate in the party>list ele!tions. :. 4&5 the party>list system is e+!lusive to )marginaliNed and underrepresented* se!tors and organiNations. I. 4&5 the Comele! !ommitted grave abuse o" dis!retion in promulgating &mnibus Resolution 5o. :81K. &. .atio Decidendi -. 6$2. #etition )or certiorari under .ule <5 is proper remed'. Respondents !ontend that the re!ourse o" both petitioners under Rule ,K is improper be!ause there are other plain, speedy and ade<uate remedies in the ordinary !ourse o" la#, su!h as a petition either "or dis<uali"i!ation or "or !an!ellation o" registration. Ho#ever, in the instant !ase, petitioners atta! the validity o" &mnibus Resolution :81K "or having been issued #ith grave abuse o" dis!retion, inso"ar as it allo#ed respondents to parti!ipate in the party>list ele!tions o" $EE-. 9nder both the Constitution and the Rules o" Court, su!h !hallenge may be brought be"ore this Court in a veri"ied petition "or !ertiorari under Rule ,K. (he Court also notes that Petitioner 0ayan Muna had "iled be"ore the Comele! a Petition "or Can!ellation o" Registration and 5omination against some o" herein respondents. (he Comele!, ho#ever, did not a!t on that Petition. .n vie# o" the penden!y o" the ele!tions, Petitioner 0ayan Muna sought help "rom this Court, "or there #as no other ade<uate re!ourse at the time. .n any event, this !ase presents an e+!eption to the rule that !ertiorari shall lie only in the absen!e o" any other plain, speedy and ade<uate remedy. .t has been held that !ertiorari is available, not#ithstanding the presen!e o" other remedies, =#here the issue raised is one purely o" la#, #here publi! interest is involved, and in !ase o" urgen!y.? (he instant !ase is indubitably imbued #ith publi! interest and #ith e+treme urgen!y, "or it potentially involves the !omposition o" $E per!ent o" the House o" Representatives. $. 6$2, political parties ma' participate in part'Alist elections. 9nder the Constitution and RA 87I-, private respondents !annot be dis<uali"ied "rom the party>list ele!tions, merely on the ground that they are politi!al parties. Se!tion K, Arti!le 6. o" the Constitution provides that members o" the House o" Representatives may =be ele!ted through a party> list system o" registered national, regional, and se!toral parties or organiNations.? @urthermore, under Se!tions 8 and 1, Arti!le ./ 2C3 o" the Constitution, politi!al parties may be registered under the party>list system. During the deliberations in the Constitutional Commission, Comm. Christian S. Monsod pointed out that the parti!ipants in the party>list system may =be a regional party, a se!toral party, a national party. Commissioner Monsod stated that the purpose o" the party>list provision #as to open up the system, in order to give a !han!e to parties that !onsistently pla!e third or "ourth in !ongressional distri!t ele!tions to #in a seat in Congress. Se!tion $ o" RA 87I- also provides "or =a party>list system o" registered national, regional and se!toral parties or organiNations or !oalitions thereo", + + +.? Se!tion : e+pressly states that a 7part'8 is 7eit*er a political part' or a sectoral part' or a coalition o) parties.? More to the point, the la# de"ines =politi!al party? as =an organiNed group o" !itiNens advo!ating an ideology or plat"orm, prin!iples and poli!ies "or the general !ondu!t o" government and #hi!h, as the most immediate means o" se!uring their adoption, regularly nominates and supports !ertain o" its leaders and members as !andidates "or publi! o""i!e.? @urthermore, Se!tion -- o" RA 87I- leaves no doubt as to the parti!ipation o" politi!al parties in the party>list system. 4e <uote the pertinent provision belo#: =@or purposes o" the May -771 ele!tions, the "irst "ive 2K3 maBor politi!al parties on the basis o" party representation in the House o" Representatives at the start o" the (enth Congress o" the Philippines shall not be entitled to parti!ipate in the party>list system. :. 6$2, part'Alist s'stem is $4CL52,3$ to Hmar1inaliIed and underrepresented: sectors and or1aniIations.

(hat politi!al parties may parti!ipate in the party>list ele!tions does not mean, ho#ever, that any politi!al party may do so. (he re>uisite c*aracter o) t*ese parties or or1aniIations must !e consistent wit* t*e purpose o) t*e part'Alist s'stem, as laid down in t*e Constitution and .A E";1. Se!tion K, Arti!le 6. o" the Constitution, provides as "ollo#s: =2-3 (he House o" Representatives shall be !omposed o" not more than t#o hundred and "i"ty members, unless other#ise "i+ed by la#, #ho shall be ele!ted "rom legislative distri!ts apportioned among the provin!es, !ities, and the Metropolitan Manila area in a!!ordan!e #ith the number o" their respe!tive inhabitants, and on the basis o" a uni"orm and progressive ratio, and those #ho, as provided by la#, shall be ele!ted through a party>list system o" registered national, regional, and se!toral parties or organiNations. 2$3 (he party>list representatives shall !onstitute t#enty per !entum o" the total number o" representatives in!luding those under the party list. @or three !onse!utive terms a"ter the rati"i!ation o" this Constitution, one>hal" o" the seats allo!ated to party>list representatives shall be "illed, as provided by la#, by sele!tion or ele!tion "rom the labor, peasant, urban poor, indigenous !ultural !ommunities, #omen, youth, and su!h other se!tors as may be provided by la#, e+!ept the religious se!tor.? (he "oregoing provision on the party>list system is not sel"> e+e!utory. .t #as thus up to Congress to lay out the !orollary statutory poli!y. Hen!e, RA 87I- #as ena!ted. =S'C. $. De!laration o" Poli!y. >> (he State shall promote proportional representation in the ele!tion o" representatives to the House o" Representatives through a party>list system o" registered national, regional and se!toral parties or organiNations or !oalitions thereo", #hi!h #ill enable @ilipino !itiNens belonging to marginaliNed and underrepresented se!tors, organiNations and parties, and #ho la! #ell>de"ined politi!al !onstituen!ies but #ho !ould !ontribute to the "ormulation and ena!tment o" appropriate legislation that #ill bene"it the nation as a #hole, to be!ome members o" the House o" Representatives. (o#ards this end, the State shall develop and guarantee a "ull, "ree and open party system in order to attain the broadest possible representation o" party, se!toral or group interests in the House o" Representatives by enhan!ing their !han!es to !ompete "or and #in seats in the legislature, and shall provide the simplest s!heme possible.? (he "oregoing provision mandates a state poli!y o" promoting proportional representation by means o" the @ilipino>style party>list system, #hi!h #ill =enable? the ele!tion to the House o" Representatives o" @ilipino !itiNens, -. #ho belong to mar1inaliIed and underrepresented se!tors, organiNations and partiesA and $. #ho lac= wellAde)ined constituenciesA but :. #ho !ould !ontribute to the "ormulation and ena!tment o" appropriate legislation that #ill bene"it the nation as a #hole. (he marginaliNed and underrepresented se!tors to be represented under the party>list system are enumerated in Se!tion K o" RA 87I-, #hi!h states: =S'C. K. Registration. >> Any organiNed group o" persons may register as a party, organiNation or !oalition "or purposes o" the party>list system by "iling #ith the C&M'%'C not later than ninety 27E3 days be"ore the ele!tion a petition veri"ied by its president or se!retary stating its desire to parti!ipate in the party>list system as a national, regional or se!toral party or organiNation or a !oalition o" su!h parties or organiNations, atta!hing thereto its !onstitution, by>la#s, plat"orm or program o" government, list o" o""i!ers, !oalition agreement and other relevant in"ormation as the C&M'%'C may re<uire: #rovided, t*at t*e sector s*all include la!or, peasant, )is*er)ol=, ur!an poor, indi1enous cultural communities, elderl', *andicapped, women, 'out*, veterans, overseas wor=ers, and pro)essionals.8 4hile the enumeration o" marginaliNed and underrepresented se!tors is not e+!lusive, it demonstrates the !lear intent o" the la# that 5&( all se!tors !an be represented under the party>list system.

Allo#ing the non>marginaliNed and overrepresented to vie "or the remaining seats under the party>list system #ould not only dilute, but also preBudi!e the !han!e o" the marginaliNed and underrepresented, !ontrary to the intention o" the la# to enhan!e it. (he party>list system is a tool "or the bene"it o" the underprivilegedA the la# !ould not have given the same tool to others, to the preBudi!e o" the intended bene"i!iaries. (he intent o" the la# is obvious and !lear "rom its plain #ords. Se!tion $ o" RA87I- une<uivo!ally states that the party>list system o" ele!ting !ongressional representatives #as designed to =enable underrepresented se!tors, organiNations and parties, and #ho la! #ell> de"ined politi!al !onstituen!ies but #ho !ould !ontribute to the "ormulation and ena!tment o" appropriate legislation that #ill bene"it the nation as a #hole + + +.? (he !riteria "or parti!ipation is #ell de"ined. (hus, there is no need "or re!ourse to !onstitutional deliberations, not even to the pro!eedings o" Congress. .n any event, the "ramers* deliberations merely e+press their individual opinions and are, at best, only persuasive in !onstruing the meaning and purpose o" the !onstitution or statute. I. 6$2, C M$L$C committed +rave A!use o) Discretion in promul1atin1 mni!us .esolution GEF5 Comele! "ailed to appre!iate "ully the !lear poli!y o" the la# and the Constitution. (he Court, there"ore, deems it proper to R'MA5D the !ase to the Comele! "or the latter to determine #hether the -KI parties and organiNations allo#ed to parti!ipate in the party>list ele!tions !omply #ith the re<uirements o" the la#. (he "ollo#ing guidelines, !ulled "rom the la# and the Constitution, shall assist the Comele! in its #or . 2i'st, the politi!al party, se!tor, organiNation or !oalition must represent the marginaliNed and underrepresented groups identi"ied in Se!tion K o" R A 87I-. Second, #hile even maBor politi!al parties are e+pressly allo#ed by RA 87I- and the Constitution to parti!ipate in the party>list system, they must !omply #ith the de!lared statutory poli!y o" enabling =@ilipino !itiNens belonging to marginaliNed and underrepresented se!tors + + + to be ele!ted to the House o" Representatives.? Ehi'd, the Court notes the e+press !onstitutional provision that the religious se!tor may not be represented in the party>list system. 2ou'th, a party or an organiNation must not be dis<uali"ied under Se!tion , o" RA 87I-, #hi!h enumerates the grounds "or dis<uali"i!ation as "ollo#s: =2-3 .t is a religious se!t or denomination, organiNation or asso!iation organiNed "or religious purposesA 2$3 .t advo!ates violen!e or unla#"ul means to see its goalA 2:3 .t is a "oreign party or organiNationA 2I3 .t is re!eiving support "rom any "oreign government, "oreign politi!al party, "oundation, organiNation, #hether dire!tly or through any o" its o""i!ers or members or indire!tly through third parties "or partisan ele!tion purposesA 2K3 .t violates or "ails to !omply #ith la#s, rules or regulations relating to ele!tionsA 2,3 .t de!lares untruth"ul statements in its petitionA 283 .t has !eased to e+ist "or at least one 2-3 yearA or 213 .t "ails to parti!ipate in the last t#o 2$3 pre!eding ele!tions or "ails to obtain at least t#o per !entum 2$T3 o" the votes !ast under the party>list system in the t#o 2$3 pre!eding ele!tions "or the !onstituen!y in #hi!h it has registered.? 2ifth, the party or organiNation must not be an adBun!t o", or a proBe!t organiNed or an entity "unded or assisted by, the government.

Si.th, the party must not only !omply #ith the re<uirements o" the la#A its nominees must li e#ise do so. Se+enth, not only the !andidate party or organiNation must represent marginaliNed and underrepresented se!torsA so also must its nominees. Ei#hth, as previously dis!ussed, #hile la! ing a #ell>de"ined politi!al !onstituen!y, the nominee must li e#ise be able to !ontribute to the "ormulation and ena!tment o" appropriate legislation that #ill bene"it the nation as a #hole. ,. Decision (he Petitions are partly meritorious. (hese !ases should be R'MA5D'D to the Comele! #hi!h #ill determine, a"ter summary evidentiary hearings, #hether the -KI parties and organiNations enumerated in the assailed &mnibus Resolution satis"y the re<uirements o" the Constitution and RA 87I-, as spe!i"ied in this De!ision. J. Dissentin1 pinion: Justice MendoIa Contrary to #hat the maBority !laims, Se! $ o" RA 87I- does not say that the party>list system is intended =to enable @ilipino !itiNens belonging to marginaliNed and underrepresented se!tors, organiNations, and parties, and #ho la! #ell>de"ined politi!al !onstituen!ies but #ho !ould !ontribute to the "ormulation and ena!tment o" appropriate legislation? to #in seats in the House o" Representatives. 4hat it says is that the poli!y o" the la# is =to promote proportional representation through a party>list system o" registered national, regional, and se!toral parties or organiNations or !oalitions thereo", #hi!h #ill enable @ilipino !itiNens belonging to marginaliNed and underrepresented se!tors, organiNations, and parties, and #ho la! #ell>de"ined politi!al !onstituen!ies but #ho !ould !ontribute to the "ormulation and ena!tment o" appropriate legislation? to #in seats in the House. @or #hile the representation o" =marginaliNed and underrepresented? se!tors is a basi! purpose o" the la#, it is not its only purpose. As already e+plained, the aim o" proportional representation is to enable those #ho !annot #in in the =#inner>ta e> all? distri!t ele!tions a !han!e o" #inning. (hese groups are not ne!essarily limited to the se!tors mentioned in Se!K, i.e., labor, peasants, "isher"ol , urban poor, indigenous !ultural !ommunities, the elderly, the handi!apped, #omen, the youth, veterans, overseas #or ers, and pro"essionals. (hese groups !an possibly in!lude other se!tors.