Republic of the Philippines Congress of the Philippines Metro Manila Eighth Congress

Republic Act No. 6735

August 4, 19 9

AN AC! PR"#$%$N& '"R A ()(!E* "' $N$!$A!$#E AN% RE'EREN%+* AN% APPR"PR$A!$N& '+N%( !,ERE'"R Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: : $. - &ener.l Pro/isions (ection 1. Title. This Act shall be known as "!he $niti.ti/e .n0 Referen0u1 Act." (ection 2. Statement of Policy. The power of the people under a system of initiative and referendum to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolutions passed by any le islative body upon compliance with the re!uirements of this Act is hereby affirmed, reco ni"ed and uaranteed# (ection 3. Definition of Terms. $or purposes of this Act, the followin terms shall mean: %a& "'nitiative" is the power of the people to propose amendments to the Constitution or to propose and enact le islations throu h an election called for the purpose# There are three %(& systems of initiative, namely: a#) 'nitiative on the Constitution which refers to a petition proposin amendments to the Constitution* a#+# 'nitiative on statutes which refers to a petition proposin to enact a national le islation* and a#(# 'nitiative on local le islation which refers to a petition proposin to enact a re ional, provincial, city, municipal, or baran ay law, resolution or ordinance# %b& "'ndirect initiative" is e,ercise of initiative by the people throu h a proposition sent to Con ress or the local le islative body for action# %c& "-eferendum" is the power of the electorate to approve or reject a le islation throu h an election called for the purpose# 't may be of two classes, namely: c#)# -eferendum on statutes which refers to a petition to approve or reject an act or law, or part thereof, passed by Con ress* and c#+# -eferendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by re ional assemblies and local le islative bodies# %d& ".roposition" is the measure proposed by the voters# %e& ".lebiscite" is the electoral process by which an initiative on the Constitution is approved or rejected by the people#

%f& ".etition" is the written instrument containin the proposition and the re!uired number of si natories# 't shall be in a form to be determined by and submitted to the Commission on /lections, hereinafter referred to as the Commission# % & "0ocal overnment units" refers to provinces, cities, municipalities and baran ays# %h& "0ocal le islative bodies" refers to the 1an unian .anlalawi an, 1an unian .anlun sod, 1an unian 2ayan, and 1an unian 3ayon# %i& "0ocal e,ecutives" refers to the .rovincial 4overnors, City or Municipal Mayors and .unon 2aran ay, as the case may be# (ection 4. Who may exercise. The power of initiative and referendum may be e,ercised by all re istered voters of the country, autonomous re ions, provinces, cities, municipalities and baran ays# (ection 5. Requirements. %a& To e,ercise the power of initiative or referendum, at least ten per centum %)56& of the total number of the re istered voters, of which every le islative district is represented by at least three per centum %(6& of the re istered voters thereof, shall si n a petition for the purpose and re ister the same with the Commission# %b& A petition for an initiative on the )789 Constitution must have at least twelve per centum %)+6& of the total number of re istered voters as si natories, of which every le islative district must be represented by at least three per centum %(6& of the re istered voters therein# 'nitiative on the Constitution may be e,ercised only after five %:& years from the ratification of the )789 Constitution and only once every five %:& years thereafter# %c& The petition shall state the followin : c#)# contents or te,t of the proposed law sou ht to be enacted, approved or rejected, amended or repealed, as the case may be* c#+# the proposition* c#(# the reason or reasons therefor* c#;# that it is not one of the e,ceptions provided herein* c#:# si natures of the petitioners or re istered voters* and c#<# an abstract or summary in not more than one hundred %)55& words which shall be le ibly written or printed at the top of every pa e of the petition# %d& A referendum or initiative affectin a law, resolution or ordinance passed by the le islative assembly of an autonomous re ion, province or city is deemed validly initiated if the petition thereof is si ned by at least ten per centum %)56& of the re istered voters in the province or city, of which every le islative district must be represented by at least three per centum %(6& of the re istered voters therein* .rovided, however, That if the province or city is composed only of one %)& le islative district, then at least each municipality in a province or each baran ay in a city should be represented by at least three per centum %(6& of the re istered voters therein# %e& A referendum of initiative on an ordinance passed in a municipality shall be deemed validly initiated if the petition therefor is si ned by at least ten per centum %)56& of the re istered voters in the municipality, of which every baran ay is represented by at least three per centum %(6& of the re istered voters therein# %f& A referendum or initiative on a baran ay resolution or ordinance is deemed validly initiated if si ned by at least ten per centum %)56& of the re istered voters in said baran ay#

(ection 6. Special Registration. The Commission on /lection shall set a special re istration day at least three %(& weeks before a scheduled initiative or referendum# (ection 7. Verification of Signatures. The /lection -e istrar shall verify the si natures on the basis of the re istry list of voters, voters= affidavits and voters identification cards used in the immediately precedin election# $$. - N.tion.l $niti.ti/e .n0 Referen0u1 (EC!$"N . Conduct and Date of Initiative or Referendum. The Commission shall call and supervise the conduct of initiative or referendum# >ithin a period of thirty %(5& days from receipt of the petition, the Commission shall, upon determinin the sufficiency of the petition, publish the same in $ilipino and /n lish at least twice in newspapers of eneral and local circulation and set the date of the initiative or referendum which shall not be earlier than forty?five %;:& days but not later than ninety %75& days from the determination by the Commission of the sufficiency of the petition# (ection 9. ffectivity of Initiative or Referendum Proposition. %a& The .roposition of the enactment, approval, amendment or rejection of a national law shall be submitted to and approved by a majority of the votes cast by all the re istered voters of the .hilippines# 'f, as certified to by the Commission, the proposition is approved by a majority of the votes cast, the national law proposed for enactment, approval, or amendment shall become effective fifteen %):& days followin completion of its publication in the @fficial 4a"ette or in a newspaper of eneral circulation in the .hilippines# 'f, as certified by the Commission, the proposition to reject a national law is approved by a majority of the votes cast, the said national law shall be deemed repealed and the repeal shall become effective fifteen %):& days followin the completion of publication of the proposition and the certification by the Commission in the @fficial 4a"ette or in a newspaper of eneral circulation in the .hilippines# Aowever, if the majority vote is not obtained, the national law sou ht to be rejected or amended shall remain in full force and effect# %b& The proposition in an initiative on the Constitution approved by a majority of the votes cast in the plebiscite shall become effective as to the day of the plebiscite# %c& A national or local initiative proposition approved by majority of the votes cast in an election called for the purpose shall become effective fifteen %):& days after certification and proclamation by the Commission# (ection 13. Prohi!ited "easures. The followin cannot be the subject of an initiative or referendum petition: %a& 3o petition embracin more than one %)& subject shall be submitted to the electorate* and %b& 1tatutes involvin emer ency measures, the enactment of which are specifically vested in Con ress by the Constitution, cannot be subject to referendum until ninety %75& days after its effectivity# (ection 11. Indirect Initiative. Any duly accredited people=s or ani"ation, as defined by law, may file a petition for indirect initiative with the Aouse of -epresentatives, and other le islative bodies# The petition shall contain a summary of the chief purposes and contents of the bill that the or ani"ation proposes to be enacted into law by the le islature# The procedure to be followed on the initiative bill shall be the same as the enactment of any le islative measure before the Aouse of -epresentatives e,cept that the said initiative bill shall have precedence over the pendin le islative measures on the committee# (ection 12. #ppeal. The decision of the Commission on the findin s of the sufficiency or insufficiency of the petition for initiative or referendum may be appealed to the 1upreme Court within thirty %(5& days from notice thereof#

$$$. - 4oc.l $niti.ti/e .n0 Referen0u1 (EC!$"N 13. Procedure in $ocal Initiative. %a& 3ot less than two thousand %+,555& re istered voters in case of autonomous re ions, one thousand %),555& in case of provinces and cities, one hundred %)55& in case of municipalities, and fifty %:5& in case of baran ays, may file a petition with the -e ional Assembly or local le islative body, respectively, proposin the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution# %b& 'f no favorable action thereon is made by local le islative body within %(5& days from its presentation, the proponents throu h their duly authori"ed and re istered representative may invoke their power of initiative, ivin notice thereof to the local le islative body concerned# %c& The proposition shall be numbered serially startin from one %)&# The 1ecretary of 0ocal 4overnment or his desi nated representative shall e,tend assistance in the formulation of the proposition# %d& Two or more propositions may be submitted in an initiative# %e& .roponents shall have one hundred twenty %)+5& days in case of autonomous re ions, ninety %75& days in case of provinces and cities, si,ty %<5& days in case of municipalities, and thirty %(5& days in case of baran ays, from notice mentioned in subsection %b& hereof to collect the re!uired number of si natures# %f& The petition shall be si ned before the /lection -e istrar, or his desi nated representative, in the presence of a representative of the proponent, and a representative of the re ional assemblies and local le islative bodies concerned in a public place in the autonomous re ion or local overnment unit, as the case may be# 1i nature stations may be established in as many places as may be warranted# % & Bpon the lapse of the period herein provided, the Commission on /lections, throu h its office in the local overnment unit concerned shall certify as to whether or not the re!uired number of si natures has been obtained# $ailure to obtain the re!uired number is a defeat of the proposition# %h& 'f the re!uired number of the si natures is obtained, the Commission shall then set a date for the initiative at which the proposition shall be submitted to the re istered voters in the local overnment unit concerned for their approval within ninety %75& days from the date of certification by the Commission, as provided in subsection % & hereof, in case of autonomous re ions, si,ty %<5& days in case of the provinces and cities, forty?five %;:& days in case of municipalities, and thirty %(5& days in case of baran ays# The initiative shall then be held on the date set, after which the results thereof shall be certified and proclaimed by the Commission on /lections# (ection 14. ffectivity of $ocal Propositions. 'f the proposition is approved by a majority of the votes cast, it shall take effect fifteen %):& days after certification by the Commission as if affirmative action thereon had been made by the local le islative body and local e,ecutive concerned# 'f it fails to obtain said number of votes, the proposition is considered defeated# (ection 15. $imitations on $ocal Initiatives. %a& The power of local initiative shall not be e,ercised more than once a year# %b& 'nitiative shall e,tend only to subjects or matters which are within the le al powers of the local le islative bodies to enact# %c& 'f at any time before the initiative is held, the local le islative body shall adopt in toto the proposition presented, the initiative shall be cancelled# Aowever, those a ainst such action may, if they so desire, apply for initiative in the manner herein provided# (ection 16. $imitations %pon $ocal $egislative &odies. Any proposition or ordinance or resolution approved throu h the system of initiative and referendum as herein provided shall not be repealed, modified or amended, by the local le islative body concerned within si, %<& months from the date therefrom, and may be amended, modified or repealed by the local le islative body within three %(& years thereafter by a vote of three?fourths %(C;& of all its members: .rovided, however, that in case of baran ays, the period shall be one %)& year after the e,piration of the first si, %<& months#

(ection 17. $ocal Referendum. 3otwithstandin the provisions of 1ection ; hereof, any local le islative body may submit to the re istered voters of autonomous re ion, provinces, cities, municipalities and baran ays for the approval or rejection, any ordinance or resolution duly enacted or approved# 1aid referendum shall be held under the control and direction of the Commission within si,ty %<5& days in case of provinces and cities, forty?five %;:& days in case of municipalities and thirty %(5& days in case of baran ays# The Commission shall certify and proclaim the results of the said referendum# (ection 1 . #uthority of Courts. 3othin in this Act shall prevent or preclude the proper courts from declarin null and void any proposition approved pursuant to this Act for violation of the Constitution or want of capacity of the local le islative body to enact the said measure# $#. - 'in.l Pro/isions (EC!$"N 19. #pplica!ility of the 'mni!us lection Code. The @mnibus /lection Code and other election laws, not inconsistent with the provisions of this Act, shall apply to all initiatives and referenda# (ection 23. Rules and Regulations. The Commission is hereby empowered to promul ate such rules and re ulations as may be necessary to carry out the purposes of this Act# (ection 21. #ppropriations. The amount necessary to defray the cost of the initial implementation of this Act shall be char ed a ainst the Contin ent $und in the 4eneral Appropriations Act of the current year# Thereafter, such sums as may be necessary for the full implementation of this Act shall be included in the annual 4eneral Appropriations Act# (ection 22. Separa!ility Clause. 'f any part or provision of this Act is held invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective# (ection 23. ffectivity. This Act shall take effect fifteen %):& days after its publication in a newspaper of eneral circulation# Approved: August 4, 19 9

REP+54$C AC! No. 7941 AN AC! PR"#$%$N& '"R !,E E4EC!$"N "' PAR!)64$(! REPRE(EN!A!$#E( !,R"+&, !,E PAR!)64$(! ()(!E*, AN% APPR"PR$A!$N& '+N%( !,ERE'"R (ection 1. Title. This Act shall be known as the ".arty?0ist 1ystem Act#" (ection 2. Declaration of part y. The 1tate shall promote proportional representation in the election of representatives to the Aouse of -epresentatives throu h a party?list system of re istered national, re ional and sectoral parties or or ani"ations or coalitions thereof, which will enable $ilipino citi"ens belon in to mar inali"ed and under?represented sectors, or ani"ations and parties, and who lack well?defined political constituencies but who could contribute to the formulation and enactment of appropriate le islation that will benefit the nation as a whole, to become members of the Aouse of -epresentatives# Towards this end, the 1tate shall develop and uarantee a full, free and open party system in order to attain the broadcast possible representation of party, sectoral or roup interests in the Aouse of -epresentatives by enhancin their chances to compete for and win seats in the le islature, and shall provide the simplest scheme possible# (ection 3. Definition of Terms. %a& The party?list system is a mechanism of proportional representation in the election of representatives to the Aouse of -epresentatives from national, re ional and sectoral parties or or ani"ations or coalitions thereof re istered with the Commission on /lections %C@M/0/C&# Component parties or or ani"ations of a coalition may participate independently provided the coalition of which they form part does not participate in the party?list system# %b& A party means either a political party or a sectoral party or a coalition of parties# %c& A political party refers to an or ani"ed roup of citi"ens advocatin an ideolo y or platform, principles and policies for the eneral conduct of overnment and which, as the most immediate means of securin their adoption, re ularly nominates and supports certain of its leaders and members as candidates for public office# 't is a national party when its constituency is spread over the eo raphical territory of at least a majority of the re ions# 't is a re ional party when its constituency is spread over the eo raphical territory of at least a majority of the cities and provinces comprisin the re ion# %d& A sectoral party refers to an or ani"ed roup of citi"ens belon in to any of the sectors enumerated in 1ection : hereof whose principal advocacy pertains to the special interest and concerns of their sector, %e& A sectoral or ani"ation refers to a roup of citi"ens or a coalition of roups of citi"ens who share similar physical attributes or characteristics, employment, interests or concerns# %f& A coalition refers to an a rupation of duly re istered national, re ional, sectoral parties or or ani"ations for political andCor election purposes# (ection 4. anifestation to Participate in the Party!"ist System. Any party, or ani"ation, or coalition already re istered with the Commission need not re ister anew# Aowever, such party, or ani"ation, or coalition shall file with the Commission, not later than ninety %75& days before the election, a manifestation of its desire to participate in the party?list system# (ection 5. Registration. Any or ani"ed roup of persons may re ister as a party, or ani"ation or coalition for purposes of the party?list system by filin with the C@M/0/C not later than ninety %75& days before the election a petition verified by its president or secretary statin its desire to participate in the party?list system as a national, re ional or sectoral party or or ani"ation or a coalition of such parties or or ani"ations, attachin thereto its constitution, by?laws, platform or pro ram of overnment, list of officers, coalition a reement and other relevant information as the C@M/0/C may re!uire: .rovided, That the sectors shall include labor, peasant, fisherfolk, urban poor, indi enous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals# The C@M/0/C shall publish the petition in at least two %+& national newspapers of eneral circulation#

The C@M/0/C shall, after due notice and hearin , resolve the petition within fifteen %):& days from the date it was submitted for decision but in no case not later than si,ty %<5& days before election# (ection 6. Refusal and#or Cancellation of Registration. The C@M/0/C may, motu propio or upon verified complaint of any interested party, refuse or cancel, after due notice and hearin , the re istration of any national, re ional or sectoral party, or ani"ation or coalition on any of the followin rounds: %)& 't is a reli ious sect or denomination, or ani"ation or association, or ani"ed for reli ious purposes* %+& 't advocates violence or unlawful means to seek its oal* %(& 't is a forei n party or or ani"ation* %;& 't is receivin support from any forei n overnment, forei n political party, foundation, or ani"ation, whether directly or throu h any of its officers or members or indirectly throu h third parties for partisan election purposes* %:& 't violates or fails to comply with laws, rules or re ulations relatin to elections* %<& 't declares untruthful statements in its petition* %9& 't has ceased to e,ist for at least one %)& year* or %8& 't fails to participate in the last two %+& precedin elections or fails to obtain at least two per centum %+6& of the votes cast under the party?list system in the two %+& precedin elections for the constituency in which it has re istered# (ection 7. Certified "ist of Registered Parties. The C@M/0/C shall, not later than si,ty %<5& days before election, prepare a certified list of national, re ional, or sectoral parties, or ani"ations or coalitions which have applied or who have manifested their desire to participate under the party?list system and distribute copies thereof to all precincts for postin in the pollin places on election day# The names of the part y?list nominees shall not be shown on the certified list# (ection . $omination of Party!"ist Representatives. /ach re istered party, or ani"ation or coalition shall submit to the C@M/0/C not later than forty?five %;:& days before the election a list of names, not less than five %:&, from which party?list representatives shall be chosen in case it obtains the re!uired number of votes# A person may be nominated in one %)& list only# @nly persons who have iven their consent in writin may be named in the list# The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately precedin election# 3o chan e of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the C@M/0/C e,cept in cases where the nominee dies, or withdraws in writin his nomination, becomes incapacitated in which case the name of the substitute nominee shall be placed last in the list# 'ncumbent sectoral representatives in the Aouse of -epresentatives who are nominated in the party?list system shall not be considered resi ned# (ection 9. %ualifications of Party!"ist $ominees. 3o person shall be nominated as party?list representative unless he is a natural?born citi"en of the .hilippines, a re istered voter, a resident of the .hilippines for a period of not less than one %)&year immediately precedin the day of the election, able to read and write, a bona fide member of the party or or ani"ation which he seeks to represent for at least ninety %75& days precedin the day of the election, and is at least twenty?five %+:& years of a e on the day of the election# 'n case of a nominee of the youth sector, he must at least be twenty?five %+:& but not more than thirty %(5& years of a e on the day of the election# Any youth sectoral representative who attains the a e of thirty %(5& durin his term shall be allowed to continue in office until the e,piration of his term# (ection 13. anner of &oting. /very voter shall be entitled to two %+& votes: the first is a vote for candidate for member of the Aouse of -epresentatives in his le islative district, and the second, a vote for the party, or ani"ations, or coalition he wants represented in the

house of -epresentatives: .rovided, That a vote cast for a party, sectoral or ani"ation, or coalition not entitled to be voted for shall not be counted: .rovided, finally, That the first election under the party?list system shall be held in May )778# The C@M/0/C shall undertake the necessary information campai n for purposes of educatin the electorate on the matter of the party?list system# (ection 11. $umber of Party!"ist Representatives. The party?list representatives shall constitute twenty per centum %+56& of the total number of the members of the Aouse of -epresentatives includin those under the party?list# $or purposes of the May )778 elections, the first five %:& major political parties on the basis of party representation in the Aouse of -epresentatives at the start of the Tenth Con ress of the .hilippines shall not be entitled to participate in the party?list system# 'n determinin the allocation of seats for the second vote, the followin procedure shall be observed: %a& The parties, or ani"ations, and coalitions shall be ranked from the hi hest to the lowest based on the number of votes they arnered durin the elections# %b& The parties, or ani"ations, and coalitions receivin at least two percent %+6& of the total votes cast for the party?list system shall be entitled to one seat each: .rovided, That those arnerin more than two percent %+6& of the votes shall be entitled to additional seats in proportion to their total number of votes : .rovided, finally, That each party, or ani"ation, or coalition shall be entitled to not more than three %(& seats# (ection 12. Procedure in 'llocating Seats for Party!"ist Representatives. The C@M/0/C shall tally all the votes for the parties, or ani"ations, or coalitions on a nationwide basis, rank them accordin to the number of votes received and allocate party?list representatives proportionately accordin to the percenta e of votes obtained by each party, or ani"ation, or coalition as a ainst the total nationwide votes cast for the party?list system# (ection 13. Ho( Party!"ist Representatives are Chosen. .arty?list representatives shall be proclaimed by the C@M/0/C based on the list of names submitted by the respective parties, or ani"ations, or coalitions to the C@M/0/C accordin to their rankin in said list# (ection 14. Term of )ffice. .arty?list representatives shall be elected for a term of three %(& years which shall be in, unless otherwise provided by law, at noon on the thirtieth day of Dune ne,t followin their election# 3o party?list representatives shall serve for more than three %(& consecutive terms# Eoluntary renunciation of the office for any len th of time shall not be considered as an interruption in the continuity his service for the full term for which he was elected# (ection 15. Change of 'ffiliation* +ffect. Any elected party?list representative who chan es his political party or sectoral affiliation durin his term of office shall forfeit his seat: .rovided, That if he chan es his political party or sectoral affiliation within si, %<& months before an election, he shall not be eli ible for nomination as party?list representative under his new party or or ani"ation# (ection 16. &acancy. 'n case of vacancy in the seats reserved for party?list representatives, the vacancy shall be automatically filled by the ne,t representative from the list of nominees in the order submitted to the C@M/0/C by the same party, or ani"ation, or coalition, who shall serve for the une,pired term# 'f the list is e,hausted, the party, or ani"ation coalition concerned shall submit additional nominees# (ection 17. Rights of Party!"ist Representatives. .arty?0ist -epresentatives shall be entitled to the same salaries and emoluments as re ular members of the Aouse of -epresentatives# (ection 1 . Rules and Regulations. The C@M/0/C shall promul ate the necessary rules and re ulations as may be necessary to carry out the purposes of this Act# (ection 19. 'ppropriations. The amount necessary for the implementation of this Act shall be provided in the re ular appropriations for the Commission on /lections startin fiscal year )77< under the 4eneral Appropriations Act#

1tartin )77:, the C@M/0/C is hereby authori"ed to utili"e savin s and other available funds for purposes of its information campai n on the party?list system# (ection 23. Separability Clause. 'f any part of this Act is held invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective# (ection 21. Repealing Clause. All laws, decrees, e,ecutive orders, rules and re ulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed# (ection 22. +ffectivity. This Act shall take effect fifteen %):& days after its publication in a newspaper of eneral circulation# Approved, March (, )77:# CA(E(7 &.R. No. 461147 3 %ece1ber , 1994 R"5ER! #. !"5$A(, RA*"N *. &+8*AN, !ERR) !. 4$*, &RE&"R$" %. &A5R$E4, .n0 R"5ER!" R. !"5$A(, 9R. petitioners, vs# ,"N. C$!) *A)"R 5EN9A*$N (. A5A4"(, C$!) !REA(+RER :$44$A* *ARCE4$N", .n0 !,E (AN&&+N$AN& PAN4+N&("%, .ll of the Cit; of *.n0.lu;ong, *etro *.nil., respondents# +strella, Bautista - 'ssociates for petitioners. 5$%$N, ()* 'nvokin their ri hts as ta,payers and as residents of Mandaluyon , herein petitioners assail the constitutionality of -epublic Act 3o# 9<9:, otherwise known as "An Act Convertin the Municipality of Mandaluyon into a Ai hly Brbani"ed City to be known as the City of Mandaluyon #" .rior to the enactment of the assailed statute, the municipalities of Mandaluyon and 1an Duan belon ed to only one le islative district# Aon# -onaldo Famora, the incumbent con ressional representative of this le islative district, sponsored the bill which eventually became -#A# 3o# 9<9:# .resident -amos si ned -#A# 3o# 9<9: into law on $ebruary 7, )77;# .ursuant to the 0ocal 4overnment Code of )77), a plebiscite was held on April )5, )77;# The people of Mandaluyon were asked whether they approved of the conversion of the Municipality of Mandaluyon into a hi hly urbani"ed city as provided under -#A# 3o# 9<9:# The turnout at the plebiscite was only );#;)6 of the votin population# 3evertheless, )8,<+) voted "yes" whereas 9,7)) voted "no#" 2y virtue of these results, -#A# 3o# 9<9: was deemed ratified and in effect# .etitioners now come before this Court, contendin that -#A# 3o# 9<9:, specifically Article E''', 1ection ;7 thereof, is unconstitutional for bein violative of three specific provisions of the Constitution# Article E''', 1ection ;7 of -#A# 3o# 9<9: provides: As a hi hly?urbani"ed city, the City of Mandaluyon shall have its own le islative district with the first representative to be elected in the ne,t national elections after the passa e of this Act# The remainder of the former le islative district of 1an DuanCMandaluyon shall become the new le islative district of 1an Duan with its first representative to be elected at the same election# .etitioner=s first objection to the afore!uoted provision of -#A# 3o# 9<9: is that it contravenes the "one subject?one bill" rule, as enunciated in Article E', 1ection +<%)& of the Constitution, to wit:

1ec# +<%)&# /very bill passed by the Con ress shall embrace only one subject which shall be e,pressed in the title thereof# .etitioners alle e that the inclusion of the assailed 1ection ;7 in the subject law resulted in the latter embracin two principal subjects, namely: %)& the conversion of Mandaluyon into a hi hly urbani"ed city* and %+& the division of the con ressional district of 1an DuanCMandaluyon into two separate districts# .etitioners contend that the second aforestated subject is not ermane to the subject matter of -#A# 3o# 9<9: since the said law treats of the conversion of Mandaluyon into a hi hly urbani"ed city, as e,pressed in the title of the law# Therefore, since 1ection ;7 treats of a subject distinct from that stated in the title of the law, the "one subject?one bill" rule has not been complied with# .etitioners= second and third objections involve Article E', 1ections :%)& and %;& of the Constitution, which provide, to wit: 1ec# :%)&# The Aouse of -epresentatives shall be composed of not more than two hundred and fifty members, unless otherwise fi,ed by law, who shall be elected from le islative districts apportioned amon the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and pro ressive ratio, and those who, as provided by law, shall be elected throu h a party list system of re istered national, re ional and sectoral parties or or ani"ations# 1ec# :%;&# >ithin three years followin the return of every census, the Con ress shall make a reapportionment of le islative districts based on the standard provided in this section# .etitioners ar ue that the division of 1an Duan and Mandaluyon into separate con ressional districts under 1ection ;7 of the assailed law has resulted in an increase in the composition of the Aouse of -epresentatives beyond that provided in Article E', 1ec# :%)& of the Constitution# $urthermore, petitioners contend that said division was not made pursuant to any census showin that the subject municipalities have attained the minimum population re!uirements# And finally, petitioners assert that 1ection ;7 has the effect of preemptin the ri ht of Con ress to reapportion le islative districts pursuant to 1ec# :%;& as aforecited# The contentions are devoid of merit# Anent the first issue, we a ree with the observation of the 1olicitor 4eneral that the statutory conversion of Mandaluyon into a hi hly urbani"ed city with a population of not less than two hundred fifty thousand indubitably ordains compliance with the "one city?one representative" proviso in the Constitution: # # # /ach city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative" %Article E', 1ection :%(&, Constitution&# Aence, it is in compliance with the aforestated constitutional mandate that the creation of a separate con ressional district for the City of Mandaluyon is decreed under Article E''', 1ection ;7 of -#A# 3o# 9<9:# Contrary to petitioners= assertion, the creation of a separate con ressional district for Mandaluyon is not a subject separate and distinct from the subject of its conversion into a hi hly urbani"ed city but is a natural and lo ical conse!uence of its conversion into a hi hly urbani"ed city# Eerily, the title of -#A# 3o# 9<9:, "An Act Convertin the Municipality of Mandaluyon 'nto a Ai hly Brbani"ed City of Mandaluyon " necessarily includes and contemplates the subject treated under 1ection ;7 re ardin the creation of a separate con ressional district for Mandaluyon # Moreover, a liberal construction of the "one title?one subject" rule has been invariably adopted by this court so as not to cripple or impede le islation# Thus, in Sumulong v. Comelec %9( .hil# +88 G)7;)H&, we ruled that the constitutional re!uirement as now e,pressed in Article E', 1ection +<%)& "should be iven a practical rather than a technical construction# 't should be sufficient compliance with such re!uirement if the title e,presses the eneral subject and all the provisions are ermane to that eneral subject#" The liberal construction of the "one title?one subject" rule had been further elucidated in "idasan v. Comelec %+) 1C-A ;7< G)7<9H&, to wit:

@f course, the Constitution does not re!uire Con ress to employ in the title of an enactment, lan ua e of such precision as to mirror, fully inde, or catalo ue all the contents and the minute details therein# 't suffices if the title should serve the purpose of the constitutional demand that it inform the le islators, the persons interested in the subject of the bill and the public, of the nature, scope and conse.uences of the proposed law and its operation" %emphasis supplied&# .roceedin now to the other constitutional issues raised by petitioners to the effect that there is no mention in the assailed law of any census to show that Mandaluyon and 1an Duan had each attained the minimum re!uirement of +:5,555 inhabitants to justify their separation into two le islative districts, the same does not suffice to strike down the validity of -#A# 3o# 9<9:# The said Act enjoys the presumption of havin passed throu h the re ular con ressional processes, includin due consideration by the members of Con ress of the minimum re!uirements for the establishment of separate le islative districts# At any rate, it is not re!uired that all laws emanatin from the le islature must contain all relevant data considered by Con ress in the enactment of said laws# As to the contention that the assailed law violates the present limit on the number of representatives as set forth in the Constitution, a readin of the applicable provision, Article E', 1ection :%)&, as afore!uoted, shows that the present limit of +:5 members is not absolute# The Constitution clearly provides that the Aouse of -epresentatives shall be composed of not more than +:5 members, "unless otherwise provided by law#" The inescapable import of the latter clause is that the present composition of Con ress may be increased, if Con ress itself so mandates throu h a le islative enactment# Therefore, the increase in con ressional representation mandated by -#A# 3o# 9<9: is not unconstitutional# Thus, in the absence of proof that Mandaluyon and 1an Duan do not !ualify to have separate le islative districts, the assailed 1ection ;7 of -#A# 3o# 9<9: must be allowed to stand# As to the contention that 1ection ;7 of -#A# 3o# 9<9: in effect preempts the ri ht of Con ress to reapportion le islative districts, the said ar ument borders on the absurd since petitioners overlook the larin fact that it was Con ress itself which drafted, deliberated upon and enacted the assailed law, includin 1ection ;7 thereof# Con ress cannot possibly preempt itself on a ri ht which pertains to itself# Aside from the constitutional objections to -#A# 3o# 9<9:, petitioners present further ar uments a ainst the validity thereof# .etitioners contend that the people of 1an Duan should have been made to participate in the plebiscite on -#A# 3o# 9<9: as the same involved a chan e in their le islative district# The contention is bereft of merit since the principal subject involved in the plebiscite was the conversion of Mandaluyon into a hi hly urbani"ed city# The matter of separate district representation was only ancillary thereto# Thus, the inhabitants of 1an Duan were properly e,cluded from the said plebiscite as they had nothin to do with the chan e of status of nei hborin Mandaluyon # 1imilarly, petitioners= additional ar ument that the subject law has resulted in " errymanderin ," which is the practice of creatin le islative districts to favor a particular candidate or party, is not worthy of credence# As correctly observed by the 1olicitor 4eneral, it should be noted that -ep# -onaldo Famora, the author of the assailed law, is the incumbent representative of the former 1an DuanCMandaluyon district, havin consistently won in both localities# 2y dividin 1an DuanCMandaluyon , -ep# Famora=s constituency has in fact been diminished, which development could hardly be considered as favorable to him# >A/-/$@-/, the petition is hereby I'1M'11/I for lack of merit# 1@ @-I/-/I# $arvasa, C./., Padilla, Regalado, Davide, /r., Romero, Bellosillo, 2eliciano, /., is on leave. C.se %igest on #eter.ns 'e0er.tion P.rt; /. C"*E4EC elo, %uiason, Puno, &itug, 0apunan and endo1a, //., concur.

$ACT1: @n May )), )778, the first election for the party?list scheme was held simultaneously with the national elections# @ne hundred and twenty?three parties, or ani"ations and coalitions participated# @n Dune +<, )778, the C@M/0/C en banc proclaimed thirteen party?list representatives from twelve parties and or ani"ations, which had obtained at least two percent of the total number of votes cast for the party?list system# Thirty?ei ht defeated parties and or ani"ations promptly filed suit in the C@M/0/C, pleadin for their own proclamations# Aence, C@M/0/C ordered the proclamation of the (8 parties# 1uch move filled up the :+ seats allotted for the party?list reps# A rieved, the proclaimed parties asked the 1C to annul the C@M/0/C action and instead to proclaim additional seats, so that each of them would have three party?list reps# A/0I: )# 's the +56 allocation for party?list representatives mandatory or is it merely a ceilin J 1C: The +56 allocation is only a ceilin and not mandatory# +# Are the +6 threshold re!uirement and the three?seat limit provided in 1ection ))%b& of -A 97;) constitutionalJ 1C: Kes# Con ress was vested with the broad power to define and prescribe the mechanics of the party?list system# (# Aow then should the additional seats of a !ualified party be determinedJ 1C: As to the method of allocatin additional seats, the first step is to rank all the participatin parties accordin to the votes they each obtained# The percenta e of their respective votes as a ainst the total number of votes cast for the party?list system is then determined# All those that arnered at least two percent of the total votes cast have an assured or uaranteed seat in the Aouse of -epresentatives# Thereafter, those arnerin more than two percent of the votes shall be entitled to additional seats in proportion to their total number of votes# The formula for additional seats of other !ualified parties is: no#of votes of concerned party divided by no#of votes of first party multiplied by no# of additional seats allocated to the first party# As for the first party, just take it at face value# % :6 L + seats &# The .etitions are partly meritorious# The Court a rees with petitioners that the assailed -esolutions should be nullified, but disa rees that they should all be ranted additional seats#

AN& 5A&"N& 5A)AN$6"': 4A5"R PAR!) #(. C"*E4EC <434 (CRA 719= $ACT1: The C@M/0/C issued @mnibus -esolution 3o# (98: @3 March +<, +55) where it approved the participation of ):; or ani"ations and parties in the +55) party? list elections# April )5, +55): Akbayan Citi"ens Action .arty filed a petition prayin that the names of some herein respondents be deleted from the Certified 0ist of .olitical partiesC 1ectoral .artiesC@r ani"ationsC Coalitions .articipatin in the .arty 0ist 1ystem for the May );, +55) /lections# Also asked as an alternative that the votes cast for the said respondents not be counted or canvasses, and that latterMs nominees not be proclaimed April )), +55): 2ayan Muna and 2ayan Muna? Kouth also filed a petition for Cancellation of -e istration and 3omination a ainst some of herein respondents# April )9, +55): 2ayan Muna filed a .etition challen in C@M/0/C @mnibus -esolution no# (98: May 7, +55): Court ordered a consolidation of the + .etitions before it# '11B/1: )# >hether or not political parties may participate in the party? list elections+#>hether or not the party? list system is e,clusive to Nmar inali"ed and underrepresentedM sectors and or ani"ations(#>hether or not the Comelec committed rave abuse of discretion in promul atin @mnibus -esolution 3o# (98:# A/0I: This case is -/MA3I/I to the C@M/0/C, which is hereby I'-/CT/I to immediately conduct summary evidentiary hearin s on the !ualifications of the party? list participants#

5ANA! #(. C"*E4EC '.cts7 2aran ay Association for 3ational Advancement and Transparency %2A3AT& filed before the Commission on /lections %C@M/0/C& a petition to proclaim the full number of party listrepresentatives provided by the Constitution# Aowever, the recommendation of the head of the le al roup of C@M/0/CMsnational board of canvassers to declare the petition moot andacademic was approved by the C@M/0/C en banc, and declared further in a resolution that the winnin party list will be resolved usin the Eeterans rulin # 2A3AT then filed a petition before the 1C assailin said resolution of the C@M/0/C# $ssues7 %)& 's the +56 allocation for party?list representatives provided in 1ec : %+&, Art E' of the Constitution mandatory or is it merely a ceilin J %+& 's the +6 threshold and O!ualifierP votes prescribed by the same 1ec )) %b& of -A 97;) constitutionalJ

%(& Ioes the Constitution prohibit major political parties from participatin in the party?list electionsJ 'f not, can major political parties participate in the party?list electionsJ ,el07 %)& 3either the Constitution nor -A 97;) mandates the fillin up of the entire +56 allocation of party?list representatives found in the Constitution# The Constitution, in para raph ), 1ec : of Art E', left the determination of the number of the members of the Aouse of -epresentatives to Con ress# The +56 allocation of party?list representatives is merely a ceilin * party?list representatives cannot be more then +56 of the members of the Aouse of -epresentatives# %+& 3o# >e rule that, in computin the allocation of additional seats, the continued operation of the two percent threshold for the distribution of the additional seats as found in the second clause of 1ec ))%b& of -A 97;) is unconstitutional# This Court finds that the two percent threshold makes it mathematically impossible to achieve the ma,imum number of available party?list seats when the available party?list seat e,ceeds :5# The continued operation of the two percent threshold in the distribution of the additional seats frustrates the attainment of the permissive ceilin that +56 of the members of the Aouse of -epresentatives shall consist of party?list representatives#>e therefore strike down the two percent threshold only in relation to the distribution of the additional seats as found in the second clause of 1ec )) %b& of -A 97;)# The two percent threshold presents an unwarranted obstacle to the full implementation of 1ec : %+&, Art E' of the Constitution and prevents the attainment of Othe?broadest possible representation of party, sectoral or roup interests in the Aouse of -epresentatives#P %(& 3o# 3either the Constitution nor -A 97;) prohibits major political parties from participatin in the party?list system# @n the contrary, the framers of the Constitution clearly intended the major political parties to participate in party?list elections throu h their sectoral win s# Aowever, by vote of 8?9, the Court decided tocontinue the rulin in Eeterans disallowin major political parties from participatin in the party?list elections, directly or indirectly#

A>uino $$$ #. Co1elec 'ssue: This is a .etition for Certiorari and .rohibition under -ule <: of the -ules of Court# .etitioners 1enator 2eni no 1imeon C# A!uino ''' and Mayor Desse -obredo seek the nullification as unconstitutional of -epublic Act 3o# 79)<, entitled OAn Act -eapportionin the Composition of the $irst %)st& and 1econd %+nd& 0e islative Iistricts in the .rovince of Camarines 1ur and Thereby Creatin a 3ew 0e islative Iistrict $rom 1uch -eapportionment#P -epublic Act 3o# 79)< ori inated from Aouse 2ill 3o# ;+<;, and was si ned into law by .resident 4loria Macapa al Arroyo on )+ @ctober +557# 't took effect on () @ctober +557 creatin an additional le islative district for the .rovince of Camarines 1ur by reconfi urin the e,istin first and second le islative districts of the province# The .rovince of Camarines 1ur was estimated to have a population of ),<7(,8+),+ distributed amon four %;& le islative districts# $ollowin the enactment of -epublic Act 3o# 79)<, the first and second districts of Camarines 1ur were reconfi ured in order to create an additional le islative district for the province# Aence, the first district municipalities of 0ibmanan, Minalabac, .amplona,

.asacao, and 1an $ernando were combined with the second district municipalities of Milaor and 4ain"a to form a new second le islative district# .etitioners contend that the reapportionment introduced by -epublic Act 3o# 79)<, runs afoul of the e,plicit constitutional standard that re!uires a minimum population of two hundred fifty thousand %+:5,555& for the creation of a le islative district# .etitioners rely on 1ection :%(&, Article E' of the )789 Constitution as basis for the cited +:5,555 minimum population standard# The provision reads: %(& /ach le islative district shall comprise, as far as practicable, conti uous, compact, and adjacent territory# /ach city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative# The petitioners claim that the reconfi uration by -epublic Act 3o# 79)< of the first and second districts of Camarines 1ur is unconstitutional, because the proposed first district will end up with a population of less than +:5,555 or only )9<,(8(# 'ssue: wCn a population of +:5,555 is an indispensable constitutional re!uirement for the creation of a new le islative district in a provinceJ Aeld: >e deny the petition# -ulin : There is no specific provision in the Constitution that fi,es a +:5,555 minimum population that must compose a le islative district# The use by the subject provision of a comma to separate the phrase Oeach city with a population of at least two hundred fifty thousandP from the phrase Oor each provinceP point to no other conclusion than that the +:5,555 minimum population is only re!uired for a city, but not for a province#+< Apropos for discussion is the provision of the 0ocal 4overnment Code on the creation of a province which, by virtue of and upon creation, is entitled to at least a le islative district# Thus, 1ection ;<) of the 0ocal 4overnment Code states: -e!uisites for Creation# Q %a& A province may be created if it has an avera e annual income, as certified by the Iepartment of $inance, of not less than Twenty million pesos %.+5,555,555#55& based on )77) constant prices and either of the followin re!uisites: %i& a conti uous territory of at least two thousand %+,555& s!uare kilometers, as certified by the 0ands Mana ement 2ureau* or %ii& a population of not less than two hundred fifty thousand %+:5,555& inhabitants as certified by the 3ational 1tatistics @ffice# 3otably, the re!uirement of population is not an indispensable re!uirement, but is merely an alternative addition to the indispensable income re!uirement# 5.i (.n0r. (e1. /s. C"*E4EC 9ul; 16, 233 '.cts: @n Au ust +8, +55<, the A-MM -e ional Assembly, e,ercisin its power to create provinces under 1ec#)7, Art#E' of -A 75:;, enacted Muslim Mindanao Autonomy Act 3o# +5) %MMA Act +5)& creatin the province of 1hariff Rabunsuan in the first district of Ma uindanao# The voters of Ma uindanao ratified 1hariff RabunsuanMs creation in a plebiscite held on @ctober +7, +55<#

@n $ebruary <, +559, the 1an unian .anlun sod of Cotabato City passed -esolution 3o# (777 re!uestin the C@M/0/C to Oclarify the status of Cotabato City in view of the conversion of the $irst Iistrict of Ma uindanao into a re ular provinceP under MMA Act +5)# 'n an answer to Cotabato CityMs !uery, the C@M/0/C issued -esolution 3o# 59?5;59 Omaintainin the status .uo with Cotabato City as part of 1hariff Rabunsuan in the $irst 0e islative Iistrict of Ma uindanao#P Aowever, in preparation for the May );, +559 elections, the C@M/0/C promul ated -esolution 3o# 98;: statin that Ma uindanaoMs first le islative district is composed only of Cotabato City because of the enactment of MMA Act 3o# +5)# @n May )5, +559, the C@M/0/C issued -esolution 3o# 975+ amendin -esolution 3o# 59?5;59 by renamin the le islative district in !uestion as O1hariff Rabunsan .rovince withCotabato CityP# 1ema, who was a candidate for -epresentative of O1hariff Rabunsuan with Cotabato CityP prayed for the nullification of -esolution 3o# 975+ and the e,clusion from the canvassin of votes cast in Cotabato for that office# 1ema contended that 1hariff Rabunsuan is entitled to one representative in Con ress under 1ec# :%(&, Art# E' of the Constitution and 1ec#( of the @rdinance appended to the Constitution# $ssues: )# >hether 1ec# )7, Art# E' of -A 75:; dele atin to the A-MM -e ional Assembly the power to create provinces, cities, municipalities and baran ays is constitutional# +# >hether a province created under 1ec# )7, Art#E' of -A 75:; is entitled to one representative in the Aouse of -epresentatives without need of a national law creatin a le islative district for such province# ,el0: )#1ec#)7, Art#E' of -A 75:; is B3C@31T'TBT'@3A0, insofar as it rants to the A-MM -e ional Assembly the power to create provinces and cities,for bein contrary to 1ec# : of Art#E' and 1ec#+5 of Art# S of the Constitution, as well as 1ec#( of the @rdinance appended to the Constitution# The creation of 04Bs is overned by 1ec#)5, Art#S of the Constitution: O$o province, city, municipality, or barangay may be created, divided, merged, abolished or its boundary substantially altered e3cept in accordance (ith the criteria established in the local government code 4"5C6 and sub7ect to approval by a ma7ority of the votes cast in a plebiscite in the political units directly affected.8 Thus, the creation of any 04B must comply with ( conditions: $irst, the creation of an 04B must follow the criteria fi,ed in the 04C# 1econd, such creation must not conflict with any provision of the Constitution# Third, there must be a plebiscite in the political units affected# !here is neither .n e?press prohibition nor .n e?press gr.nt of .uthorit; in the Constitution for Congress to 0eleg.te to region.l@legisl.ti/e bo0ies the poAer to cre.te 4&+s.Aowever, under its plenary powers, Con ress can dele ate to local le islative bodies the power to create 04Bs subject to reasonable standards and provided no conflict arises with any provisions of the Constitution# 'n fact, the dele ation to re ional le islative bodies of the power to create municipalities and baran ays is constitutional, provided the criteria established in the 04C and the plebiscite re!uirement in 1ec# )5, Art# S of the Constitution is complied# Aowever, the creation of provinces is another matter# Bnder the 4&C, Oonl; ? ? ? .nAct of CongressB c.n cre.te pro/inces, cities, or 1unicip.lities# Accordin to, 1ec# : %(&, Art#E' of the Constitution: O+ach City (ith a population of at least 9:;,;;;, or each province, shall have at least < representative in the House of Representatives#P 1imilarly, 1ec# ( of the @rdinance appended to the Constitution provides, O'ny province that may hereafter be created, or any city (hose population may hereafter increase to more than 9:;,;;; shall be entitled in the immediately follo(ing election to at least < ember P# Thus, onl; Congress c.n cre.te pro/inces .n0 cities bec.use the cre.tion of pro/inces .n0 cities necess.ril; inclu0es the cre.tion of legisl.ti/e 0istricts, a power only Con ress can e,ercise under 1ec# :, Art#E' of the Constitution and 1ec#(of the @rdinance appended to the Constitution# +#0e islative Iistricts are created or reapportioned only by an act of Con ress# Bnder the Constitution, the power to increase the allowable membership in the Aouse of -epresentatives, and to apportion le islative districts, is vested e,clusively in Con ress# 1ec# : %)&, Art#E' of the Constitution vests Con ress the power to increase the allowable membership in the Aouse of -epresentatives# 1ec# : %;& empowers Con ress to reapportion le islative districts# !he poAer to re.pportion legisl.ti/e 0istricts necess.ril; inclu0es the poAer to cre.te legisl.ti/e 0istricts out of e?isting ones. Con ress e,ercises these powers throu h a law the Con ress itself enacts, not throu h a law enacted by re ionalClocal le islative bodies# The Opower of redistrictin ,,, is

traditionally re arded as part of the power %of Con ress& to make lawsP, and is thus vested e,clusively in %it& G onte7o v. C) +"+C, 9=9 SCR' =<: 4<>>:6H# An inferior legisl.ti/e bo0; c.nnot ch.nge the 1e1bership of the superior legisl.ti/e bo0; Ahich cre.te0 it. Con ress is a national le islature, and any chan es in its membership throu h the creation of le islative districts must be embodied in national law# !he poAer to cre.te or re.pportion legisl.ti/e 0istricts c.nnot be 0eleg.te0 b; Congress but 1ust be e?ercise0 b; Congress itself. /ven the A-MM -e ional Assembly reco ni"es this# !he AR** c.nnot cre.te . pro/ince Aithout . legisl.ti/e 0istrict bec.use the Constitution 1.n0.tes th.t e/er; pro/ince sh.ll h./e . legisl.ti/e 0istrict. 2ut this can never be le ally possible because the creation of le islative districts is vested solely in Con ress# Moreover, the A-MM -e ional Assembly cannot enact a law creatin a national office because 1ec# +5, Art#S of the Constitution e,pressly provides that the le islative powers of re ional assemblies are limited only Owithin its territorial jurisdiction#P %3othin in 1ec# +5, Art#S of the Constitution authori"es autonomous re ions to createCapportion le islative districts for Con ress#& $t is .?io1.tic th.t org.nic .cts of .utono1ous regions c.nnot pre/.il o/er the Constitution # 1ince the A-MM -e ional Assembly has no le islative power to enact laws relatin to national elections, it cannot create a le islative district whose representative is elected in national elections# At most, what A-MM can create are baran ays not cities and provinces# Thus, MMA Act +5) enacted by the A-MM -e ional Assembly, creatin the .rovince of 1hariff Rabunsuan, is void#

&.R. N". 233 1 6197 AC" 5$C"4 P"4$!$CA4 PAR!) <DAC5B= #(. C"**$(($"N "N E4EC!$"N( + &#+C $ACT1: .etitioner AR2 is a re ional political party with three incumbent partylist representatives in the ):th Con ress# @n @ctober )5, +5)+, the C@M/0/C en banc issued a resolution cancellin the accreditation of petitioner as a partylist candidate in the +5)( elections# AR2 filed a .etition for Certiorari and .rohibition with .rayer for the 'ssuance of Temporary -estrainin @rder andCor >rit of 'njunction to assail the same C@M/0/C -esolution# A-4BM/3T1: )# +# (# C@M/0/C has no power to determine the !ualifications of party list representatives* C@M/0/C i nored petitionerMs evidence showin that it represents mar inali"ed and underrepresented constituencies* C@M/0/C acted with rave abuse of discretion amountin to lack of or in e,cess of jurisdiction when it cancelled petitionerMs accreditation as a party list on the arbitrary assumption that to be !ualified as a .A-TK?0'1T, petitioner must represent financially poor and destitute constituents The phrase Omar inali"ed and underrepresentedP does not necessarily refer to sectors mentioned in the Constitution or to 042Ts but to those who are unable to win in district elections but in a different arena and with different constituency, can compete in the part list system C@M/0/CMs !uestioned resolution does not show that petitioner violated the provisions of -A 97;), sec# <, so as to warrant the cancellation of its accreditation as a .A-TK?0'1T Chairman 2rillantesM opinion that because petitioner does not represent any of the sectors mentioned in the constitution or -A 97;), it is an ordinary political party that would duplicate the function of the district representative and will ive the districts in the 2icol -e ion reater representation in the Aouse, is without any basis

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.-AK/-C1: )# 'mmediately issue a T-@ andCor >rit of 'njunction, enjoinin the C@M/0/C and those actin for andCor under it from implementin the -esolution dated )5 @ctober +5)+, from continuin any further proceedin s relevant to, arisin out of, or in connection with the same

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After further proceedin s, rant the petition %a& declarin respondent C@M/0/C to have acted without jurisdiction in issuin its )5 @ctober +5)+ -esolution* %b& declarin the assailed -esolution null and void and of no force and effect, for havin been issued without or in e,cess of jurisdiction* %c& orderin the respondent C@M/0/C to reinstate petitionerMs accreditation as a party list !ualified to participate in the )( May +5)+ elections* %d& orderin the C@M/0/C to include the petitioner in the 0ist of Candidates and in the official ballots and other materials to be used in the conduct of the )( May +5)( elections* and %e& declarin the injunction permanent# .etitioner prays for such further and other reliefs as may be just and e!uitable under the premises#

>A/-/$@-/, :; petitions are ranted# Ro1u.l0eE6*.rcos /s. C"*E4EC 24 (CRA 333 '.cts7 'melda -omualde"?Marcos, filed her certificate of candidacy for the position of -epresentative of 0eyte $irst Iistrict# @n March +(, )77:, private respondent Cirilio Montejo, also a candidate for the same position, filed a petition for dis!ualification of the petitioner with C@M/0/C on the round that petitioner did not meet the constitutional re!uirement for residency# @n March +7, )77:, petitioner filed an amended certificate of candidacy, chan in the entry of seven months to Osince childhoodP in item no# 8 in said certificate# Aowever, the amended certificate was not received since it was already past deadline# 1he claimed that she always maintained Tacloban City as her domicile and residence# The 1econd Iivision of the C@M/0/C with a vote of + to ) came up with a resolution findin private respondentMs petition for dis!ualification meritorious# $ssue7 >hether or not petitioner lost her domicile of ori in by operation of law as a result of her marria e to the late .resident Marcos# ,el07 $or election purposes, residence is used synonymously with domicile# The Court upheld the !ualification of petitioner, despite her own declaration in her certificate of candidacy that she had resided in the district for only 9 months, because of the followin : %a& a minor follows the domicile of her parents* Taclobanbecame petitionerMs domicile of ori in by operation of law when her father brou ht the family to 0eyte* %b& domicile of ori in is lost only when there is actual removal orchan e of domicile, a bona fide intention of abandonin the former residence and establishin a new one, and acts which correspond with the purpose* in the absence of clear and positive proof of the concurrence of all these, the domicile of ori in should be deemed to continue* %c& the wife does not automatically ain the husbandMs domicile because the term OresidenceP in Civil 0aw does not mean the same thin in .olitical 0aw* when petitioner married .resident Marcos in )7:;, she kept her domicile of ori in and merely ained a new home, not a domicilium necessarium* %d& even assumin that she ained a new domicile after her marria e and ac!uired the ri ht to choose a new one only after her husband died, her acts followin her return to the country clearly indicate that she chose Tacloban, her domicile of ori in, as her domicile of choice# AF+$N" /s C"*E4EC, 24 (CRA 433 $acts: @n +5 March )77:, A apito A# A!uino filed his Certificate of Candidacy for the position of -epresentative for the new 1econd 0e islative Iistrict of Makati City# 'n his certificate of candidacy, A!uino stated that he was a resident of the aforementioned district for )5 months# $aced with a petition for dis!ualification, he amended the entry on his residency in his certificate of candidacy to ) year and )( days# The Commission on /lections dismissed the petition on < May and allowed A!uino to run in the election of 8 May# A!uino won# Actin on a motion for reconsideration on the above dismissal, the Commission on /lection later issued an order suspendin the proclamation of A!uino until the Commission resolved the issue# @n + Dune, the Commission on /lections found A!uino ineli ible and dis!ualified for the elective office for lack of constitutional !ualification of residence# 'ssue: >hether OresidencyP in the certificate of candidacy actually connotes OdomicileP to warrant the dis!ualification of A!uino from the position in the electoral district#

Aeld: The place Owhere a party actually or constructively has his permanent home,P where he, no matter where he may be found at any iven time, eventually intends to return and remain, i#e#, his domicile, is that to which the Constitution refers when it speaks of residence for the purposes of election law# The purpose is to e,clude stran ers or newcomers unfamiliar with the conditions and needs of the community from takin advanta e of favorable circumstances e,istin in that community for electoral ain# A!uinoMs certificate of candidacy in a previous %)77+& election indicates that he was a resident and a re istered voter of 1an Dose, Concepcion, Tarlac for more than :+ years prior to that election# A!uinoMs connection to the 1econd Iistrict of Makati City is an alle ed lease a reement of a condominium unit in the area# The intention not to establish a permanent home in Makati City is evident in his leasin a condominium unit instead of buyin one# The short len th of time he claims to be a resident of Makati %and the fact of his stated domicile in Tarlac and his claims of other residences in Metro Manila& indicate that his sole purpose in transferrin his physical residence is not to ac!uire a new, residence or domicile but only to !ualify as a candidate for -epresentative fo the 1econd Iistrict of Makati City# A!uino was thus ri htfully dis!ualified by the Commission on /lections# AN!"N$" ). C", petitioner, /s. E4EC!"RA4 !R$5+NA4 "' !,E ,"+(E "' REPRE(EN!A!$#E( AN% 9"(E "N&, 9R., respon0ents. /n 2anc Ioctrine: citi"enship Iate: Duly (5, )77) .onente: Dustice 4utierre" Dr# $acts: The petitioners come to this Court askin for the settin aside and reversal of a decision of the Aouse of -epresentatives /lectoral Tribunal %A-/T&# The A-/T declared that respondent Dose @n , Dr# is a natural born $ilipino citi"en and a resident of 0aoan , 3orthern 1amar for votin purposes# @n May )), )789, the con ressional election for the second district of 3orthern 1amar was held# Amon the candidates who vied for the position of representative in the second le islative district of 3orthern 1amar are the petitioners, 1i,to 2alin!uit and Antonio Co and the private respondent, Dose @n , Dr# -espondent @n was proclaimed the duly elected representative of the second district of 3orthern 1amar# The petitioners filed election protests a ainst the private respondent premised on the followin )&Dose @n , Dr# is not a natural born citi"en of the .hilippines* and +&Dose @n , Dr# is not a resident of the second district of 3orthern 1amar# The A-/T in its decision dated 3ovember <, )787, found for the private respondent# A motion for reconsideration was filed by the petitioners on 3ovember )+, )787# This was, however, denied by the A-/T in its resolution dated $ebruary ++, )787# Aence, these petitions for certiorari# 'ssue: >@3 Dose @n , Dr# is a natural born citi"en of the .hilippines# Aeld: Kes# .etitions are dismissed# -atio: rounds:

The records show that in the year )87:, @n Te %Dose @n =s randfather&, arrived in the .hilippines from China# @n Te established his residence in the municipality of 0aoan , 1amar on land which he bou ht from the fruits of hard work# As a resident of 0aoan , @n Te was able to obtain a certificate of residence from the then 1panish colonial administration# The father of the private respondent, Dose @n Chuan was born in China in )75:# Ae was brou ht by @n Te to 1amar in the year )7):# Dose @n Chuan spent his childhood in the province of 1amar# As Dose @n Chuan rew older in the rural and seaside community of 0aoan , he absorbed $ilipino cultural values and practices# Ae was bapti"ed into Christianity# As the years passed, Dose @n Chuan met a natural born?$ilipino, A ripina 0ao# The two fell in love and, thereafter, ot married in )7(+ accordin to Catholic faith and practice# The couple bore ei ht children, one of whom is the Dose @n who was born in )7;8# Dose @n Chuan never emi rated from this country# Ae decided to put up a hardware store and shared and survived the vicissitudes of life in 1amar# The business prospered# /,pansion became inevitable# As a result, a branch was set?up in 2inondo, Manila# 'n the meantime, Dose @n Chuan, unsure of his le al status and in an une!uivocal affirmation of where he cast his life and family, filed with the Court of $irst 'nstance of 1amar an application for naturali"ation on $ebruary ):, )7:;# @n April +8, )7::, the C$' of 1amar, after trial, declared Dose @n Chuan a $ilipino citi"en# @n May ):, )7:9, the Court of $irst 'nstance of 1amar issued an order declarin the decision of April +8, )7:: as final and e,ecutory and that Dose @n Chuan may already take his @ath of Alle iance# .ursuant to said order, Dose @n Chuan took his @ath of Alle iance* correspondin ly, a certificate of naturali"ation was issued to him# Iurin this time, Dose @n %private respondent& was 7 years old, finishin his elementary education in the province of 1amar# There is nothin in the records to differentiate him from other $ilipinos insofar as the customs and practices of the local populace were concerned# After completin his elementary education, the private respondent, in search for better education, went to Manila in order to ac!uire his secondary and colle e education# Dose @n raduated from colle e, and thereafter took and passed the C.A 2oard /,aminations# 1ince employment opportunities were better in Manila, the respondent looked for work here# Ae found a job in the Central 2ank of the .hilippines as an e,aminer# 0ater, however, he worked in the hardware business of his family in Manila# 'n )79), his elder brother, /mil, was elected as a dele ate to the )79) Constitutional Convention# Ais status as a natural born citi"en was challen ed# .arenthetically, the Convention which in draftin the Constitution removed the une!ual treatment iven to derived citi"enship on the basis of the mother=s citi"enship formally and solemnly declared /mil @n , respondent=s full brother, as a natural born $ilipino# The Constitutional Convention had to be aware of the meanin of natural born citi"enship since it was precisely amendin the article on this subject# The pertinent portions of the Constitution found in Article 'E read: 1/CT'@3 ), the followin are citi"ens of the .hilippines: )# +# Those who are citi"ens of the .hilippines at the time of the adoption of the Constitution* Those whose fathers or mothers are citi"ens of the .hilippines*

(# Those born before Danuary )9, )79(, of $ilipino mothers, who elect .hilippine citi"enship upon reachin the a e of majority* and ;# Those who are naturali"ed in accordance with law#

1/CT'@3 +, 3atural?born Citi"ens are those who are citi"ens of the .hilippines from birth without havin to perform any act to ac!uire or perfect their citi"enship# Those who elect .hilippine citi"enship in accordance with para raph ( hereof shall be deemed natural?born citi"ens# The Court interprets 1ection ), .ara raph ( above as applyin not only to those who elect .hilippine citi"enship after $ebruary +, )789 but also to those who, havin been born of $ilipino mothers, elected citi"enship before that date# The provision in !uestion was enacted to correct the anomalous situation where one born of a $ilipino father and an alien mother was automatically ranted the status of a natural?born citi"en while one born of a $ilipino mother and an alien father would still have to elect .hilippine citi"enship# 'f one so elected, he was not, under earlier laws, conferred the status of a natural?born /lection becomes material because 1ection + of Article 'E of the Constitution accords natural born status to children born of $ilipino mothers before Danuary )9, )79(, if they elect citi"enship upon reachin the a e of majority# To e,pect the respondent to have formally or in writin elected citi"enship when he came of a e is to ask for the unnatural and unnecessary# Ae was already a citi"en# 3ot only was his mother a natural born citi"en but his father had been naturali"ed when the respondent was only nine %7& years old# Ae could not have divined when he came of a e that in )79( and )789 the Constitution would be amended to re!uire him to have filed a sworn statement in )7<7 electin citi"enship inspite of his already havin been a citi"en since )7:9# 'n )7<7, election throu h a sworn statement would have been an unusual and unnecessary procedure for one who had been a citi"en since he was nine years old 'n -e: $lorencio Mallare: the Court held that the e,ercise of the ri ht of suffra e and the participation in election e,ercises constitute a positive act of election of .hilippine citi"enship The private respondent did more than merely e,ercise his ri ht of suffra e# Ae has established his life here in the .hilippines# .etitioners alle ed that Dose @n Chuan was not validly a naturali"ed citi"en because of his premature takin of the oath of citi"enship# 1C: The Court cannot o into the collateral procedure of strippin respondentMs father of his citi"enship after his death# An attack on a personMs citi"enship may only be done throu h a direct action for its nullity, therefore, to ask the Court to declare the rant of .hilippine citi"enship to respondentMs father as null and void would run a ainst the principle of due process because he has already been laid to rest &.R. No. 96 59 "ctober 15, 1991 *",A**A% A4$ %$*AP"R", petitioner, vs# ,"N. RA*"N #. *$!RA, 9R., (pe.Ger, ,ouse of Represent.ti/es, .n0 <,on. F+$R$N" %. A5A% (AN!"(, 9R.= ,"N. CA*$4" 4. (A5$" (ecret.r;, ,ouse of represent.ti/es, respondent. Rillora1a, 'frica, De )campo - 'frica and +nri.ue %A#$%E, 9R., ()*p .etitioner Mohamad Ali Iimaporo was elected -epresentative for the 1econd 0e islative Iistrict of 0anao del 1ur durin the )789 con ressional elections# Ae took his oath of office on 7 Danuary )789 and thereafter performed the duties and enjoyed the ri hts and privile es pertainin thereto# @n ): Danuary )775, petitioner filed with the Commission on /lections a Certificate of Candidacy for the position of -e ional 4overnor of the Autonomous -e ion in Muslim Mindanao# The election was scheduled for )9 $ebruary )775# . 2ernando for petitioner.

Bpon bein informed of this development by the Commission on /lections, respondents 1peaker and 1ecretary of the Aouse of -epresentatives e,cluded petitioner=s name from the -oll of Members of the Aouse of -epresentatives pursuant to 1ection <9, Article 'S of the @mnibus /lection Code# As reported by the 1peaker in the session of 7 $ebruary )775: The @rder of 2usiness today carries a communication from the Commission on /lections which states that the Aonorable Mohammad Ali Iimaporo of the 1econd Iistrict of 0anao del 1ur filed a certificate of candidacy for the re ional elections in Muslim Mindanao on $ebruary )9, )775# The Aouse 1ecretariat, performin an administrative act, did not include the name of the Aonorable Ali Iimaporo in the -olls pursuant to the provision of the /lection Code, Article 'S, 1ection <9, which states: Any elective official whether national or local runnin for any office other than the one which he is holdin in a permanent capacity e,cept for .resident and Eice?.resident shall be considered ipso factoresi ned from his office upon the filin of his certificate of candidacy#= The word ?ipso facto? is defined in >ords and .hrases as by the very act itself Q by the mere act# And therefore, by the very act of the %sic& filin his certificate of candidacy, the Aonorable Ali Iimaporo removed himself from the -olls of the Aouse of -epresentatives* and, therefore, his name has not been carried in today=s -oll and will not be carried in the future -olls of the Aouse# ### Aavin lost in the autonomous re ion elections, petitioner, in a letter dated +8 Dune )775 and addressed to respondent 1peaker, e,pressed his intention "to resume performin my duties and functions as elected Member of Con ress#" The record does not indicate what action was taken on this communication, but it is apparent that petitioner failed in his bid to re ain his seat in Con ress since this petition prayin for such relief was subse!uently filed on () Danuary )77)# 'n this petition, it is alle ed that followin the droppin of his name from the -oll, petitioner was e,cluded from all proceedin s of the Aouse of -epresentatives* he was not paid the emoluments due his office* his staff was dismissed and disbanded* and his office suites were occupied by other persons# 'n effect, he was virtually barred and e,cluded from performin his duties and from e,ercisin his ri hts and privile es as the duly elected and !ualified con ressman from his district# .etitioner admits that he filed a Certificate of Candidacy for the position of -e ional 4overnor of Muslim Mindanao# Ae, however, maintains that he did not thereby lose his seat as con ressman because 1ection <9, Article 'S of 2#.# 2l # 88) is not operative under the present Constitution, bein contrary thereto, and therefore not applicable to the present members of Con ress# 'n support of his contention, petitioner points out that the term of office of members of the Aouse of -epresentatives, as well as the rounds by which the incumbency of said members may be shortened, are provided for in the Constitution# 1ection +, Article SE''' thereof provides that "the 1enators, Members of the Aouse of -epresentatives and the local officials first elected under this Constitution shall serve until noon of Dune (5, )77+*" while 1ection 9, Article E' states: "The Members of the Aouse of -epresentatives shall be elected for a term of three years which shall be in, unless otherwise provided by law, at noon on the thirtieth day of Dune ne,t followin their election#" @n the other hand, the rounds by which such term may be shortened may be summari"ed as follows: a& 1ection )(, Article E': $orfeiture of his seat by holdin any other office or employment in the overnment or any subdivision, a ency or instrumentality thereof, includin overnment?owned or controlled corporations or subsidiaries* b& 1ection )< %(&: /,pulsion as a disciplinary action for disorderly behavior* c& 1ection )9: Iis!ualification as determined by resolution of the /lectoral Tribunal in an election contest* and, d& 1ection 9, par# +: Eoluntary renunciation of office# Ae asserts that under the rule e3pressio unius est e3clusio alterius, 1ection <9, Article 'S of 2#.# 2l # 88) is repu nant to these constitutional provisions in that it provides for the shortenin of a con ressman=s term of office on a round not provided for in the Constitution# $or if it were the intention of the framers to include the provisions of 1ection <9, Article 'S of 2#.# 2l # 88) as amon the means by which the term of a Con ressman may be shortened, it would have been a very simple matter to incorporate it in the

present Constitution# They did not do so# @n the contrary, the Constitutional Commission only reaffirmed the rounds previously found in the )7(: and )79( Constitutions and deliberately omitted the round provided in 1ection <9, Article 'S of 2#.# 2l # 88)# @n the premise that the provision of law relied upon by respondents in e,cludin him from the -oll of Members is contrary to the present Constitution, petitioner conse!uently concludes that respondents acted without authority# Ae further maintains that respondents= so?called "administrative act" of strikin out his name is ineffective in terminatin his term as Con ressman# 3either can it be justified as an interpretation of the Constitutional provision on voluntary renunciation of office as only the courts may interpret laws# Moreover, he claims that he cannot be said to have forfeited his seat as it is only when a con ressman holds another office or employment that forfeiture is decreed# $ilin a certificate of candidacy is not e!uivalent to holdin another office or employment# 'n sum, petitioner=s demand that his ri hts as a duly elected member of the Aouse of -epresentatives be reco ni"ed, is anchored on the ne ative view of the followin issues raised in this petition: A# '1 1/CT'@3 <9, A-T'C0/ 'S, @$ 2#.# 204# 88) @./-AT'E/ B3I/- TA/ .-/1/3T C@31T'TBT'@3J 2# C@B0I TA/ -/1.@3I/3T 1./AR/- A3IC@- TA/ -/1.@3I/3T 1/C-/TA-K, =2K AIM'3'1T-AT'E/ ACT=, /SC0BI/ TA/ ./T'T'@3/- $-@M TA/ -@001 @$ TA/ A@B1/ @$ -/.-/1/3TAT'E/1, TA/-/2K .-/E/3T'34 A'M $-@M /S/-C'1'34 A'1 $B3CT'@31 A1 C@34-/11MA3, A3I I/.-'E'34 A'M @$ A'1 -'4AT1 A3I .-'E'0/4/1 A1 1BCAJ @n the other hand, respondents throu h the @ffice of the 1olicitor 4eneral contend that 1ection <9, Article 'S of 2#.# 2l # 88) is still operative under the present Constitution, as the voluntary act of resi nation contemplated in said 1ection <9 falls within the term "voluntary renunciation" of office enunciated in par# +, 1ection 9, Article E' of the Constitution# That the round provided in 1ection <9 is not included in the Constitution does not affect its validity as the rounds mentioned therein are not e,clusive# There are, in addition, other modes of shortenin the tenure of office of Members of Con ress, amon which are resi nation, death and conviction of a crime which carries a penalty of dis!ualification to hold public office# -espondents assert that petitioner=s filin of a Certificate of Candidacy is an act of resi nation which estops him from claimin otherwise as he is presumed to be aware of e,istin laws# They further maintain that their !uestioned "administrative act" is a mere ministerial act which did not involve any encroachment on judicial powers# 1ection <9, Article 'S of 2#.# 2l # 88) reads: Any elective official whether national or local runnin for any office other than the one which he is holdin in a permanent capacity e,cept for .resident and Eice?.resident shall be considered ipso facto resi ned from his office upon the filin of his certificate of candidacy# The precursor of this provision is the last para raph of 1ection + of C#A# 3o# <<<, which reads: Any elective provincial, municipal, or city official runnin for an office, other than the one for which he has been lastly elected, shall be considered resi ned from his office from the moment of the filin of his certificate of candidacy# 1ection +9 of Article '' of -epublic Act 3o# )85 reiterated this rule in this wise: 1ec# +9# Candidate holding office# 'ny elective provincial, municipal or city official runnin for an office, other than the one which he is actually holdin , shall be considered resigned from office from the moment of the filing of his certificate of candidacy#

The )79) /lection Code imposed a similar proviso on local elective officials as follows: 1ec# +;# Candidate holding elective office# 'ny elective provincial, sub!provincial, city, municipal or municipal district officer runnin for an office other than the one which he is holdin in a permanent capacity shall be considered ipso facto resi ned from his office from the moment of the filing of his certificate of candidacy # /very elected official shall take his oath of office on the day his term of office commences, or within ten days after his proclamation if said proclamation takes place after such day# Ais failure to take his oath of office as herein provided shall be considered forfeiture of his ri ht to the new office to which he has been elected unless his failure is for a cause or causes beyond his control# The )798 /lection Code provided a different rule, thus: 1ec# (5# Candidates holding political offices# 4overnors, mayors, members of various san unians, or baran ay officials, shall, upon filin of a certificate of candidacy, be considered on forced leave of absence from office# 't must be noted that only in 2#.# 2l # 88) are members of the le islature included in the enumeration of elective public officials who are to be considered resi ned from office from the moment of the filin of their certificates of candidacy for another office, e,cept for .resident and Eice?.resident# The advocates of Cabinet 2ill 3o# + %now 1ection <9, Article 'S of 2#.# 2l # 88)& elucidated on the rationale of this inclusion, thus: M-# .A0MA-/1: 'n the old /lection Code, Kour Aonor, in the )79) /lection Code, the provision seems to be different ' think this is in 1ection +; of Article '''# Any elective provincial, sub?provincial, city, municipal or municipal district officer runnin for an office other than the one which he is holdin in a permanent capacity shall be considered ipso facto resi ned from his office from the moment of the filin of his certificate of candidacy# May ' know, Kour Aonor, what is the reason of the Committee in departin or chan in these provisions of 1ection +; of the old /lection Code and just adoptin it en totoJ >hy do we have to chan e itJ >hat could possibly be the reason behind it, or the rationale behind itJ M-# ./-/F %0#&: ' have already stated the rationale for this, Mr# 1peaker, but ' don=t mind repeatin it# The purpose is that the people must be given the right to choose any official (ho belongs to, let us say, to the Batasan if he (ants to run for another office. Ho(ever, because of the practice in the past (here members of the legislature ran for local offices, but did not assume the office, because of that spectacle the impression is that these officials (ere 7ust trifling (ith the mandate of the people. They have already obtained a mandate to be a member of the legislature, and they (ant to run for mayor or for governor and yet (hen the people give them that mandate, they do not comply (ith that latter mandate, but still preferred 4sic6 to remain in the earlier mandate. So (e believe, r. Spea@er, that the people?s latest mandate must be the one that (ill be given due course. ... Assemblyman Manuel M# 4arcia, in answer to the !uery of Assemblyman Arturo Tolentino on the constitutionality of Cabinet 2ill 3o# +, said: M-# 4A-C'A %M#M#&: Thank you, Mr# 1pe &.R. No. 4615935 August 3, 1966

N$CAN"R !. 9$*ENE8, E! A4., plaintiffs and appellants, vs# 5AR!"4"*E CA5AN&5AN&, defendant and appellee# "i(ag and &ivo and S. 'rtiaga, /r. for plaintiffs and appellants. /ose S. Aafra and 'ssociates and &. . 2ortich Aerda for defendant and appellee. C"NCEPC$"N, C)()* This is an ordinary civil action, ori inally instituted in the Court of $irst 'nstance of -i"al, for the recovery, by plaintiffs 3icanor T# Dimene", Carlos D# Albert and Dose 0# 0ukban, of several sums of money, by way of dama es for the publication of an alle edly libelous letter of defendant 2artolome Caban ban # Bpon bein summoned, the latter moved to dismiss the complaint upon the round that the letter in !uestion is not libelous, and that, even if were, said letter is a privile ed communication# This motion havin been ranted by the lower court, plaintiffs interposed the present appeal from the correspondin order of dismissal# The issues before us are: %)& whether the publication in !uestion is a privile ed communication* and, if not, %+& whether it is libelous or not# The first issue stems from the fact that, at the time of said publication, defendant was a member of the Aouse of -epresentatives and Chairman of its Committee on 3ational Iefense, and that pursuant to the Constitution: The 1enators and Members of the Aouse of -epresentatives shall in all cases e,cept treason, felony, and breach of the peace, be privile ed from arrest durin their attendance at the sessions of the Con ress, and in oin to and returnin from the same* and for any speech or debate therein, they shall not be !uestioned in any other place# %Article E', 1ection ):#& The determination of the first issue depends on whether or not the aforementioned publication falls within the purview of the phrase "speech or debate therein" that is to say, in Con ress used in this provision# 1aid e,pression refers to utterances made by Con ressmen in the performance of their official functions, such as speeches delivered, statements made, or votes cast in the halls of Con ress, while the same is in session, as well as bills introduced in Con ress, whether the same is in session or not, and other acts performed by Con ressmen, either in Con ress or outside the premises housin its offices, in the official dischar e of their duties as members of Con ress and of Con ressional Committees duly authori"ed to perform its functions as such, at the time of the performance of the acts in !uestion#) The publication involved in this case does not belon to this cate ory# Accordin to the complaint herein, it was an open letter to the .resident of the .hilippines, dated 3ovember );, )7:8, when Con ress presumably was not in session, and defendant caused said letter to be published in several newspapers of eneral circulation in the .hilippines, on or about said date# 't is obvious that, in thus causin the communication to be so published, he was not performin his official duty, either as a member of Con ress or as officer or any Committee thereof# Aence, contrary to the findin made by Ais Aonor, the trial Dud e, said communication is not absolutely privile ed# >as it libelous, insofar as the plaintiffs herein are concernedJ Addressed to the .resident, the communication be an with the followin para raph: 'n the li ht of the recent developments which however unfortunate had nevertheless involved the Armed $orces of the .hilippines and the unfair attacks a ainst the duly elected members of Con ress of en a in in intri uin and rumor? mon erin , allow me, Kour /,cellency, to address this open letter to focus public attention to certain vital information which, under the present circumstances, ' feel it my solemn duty to our people to e,pose#<B(phC<.DEt 't has come to my attention that there have been alle edly three operational plans under serious study by some ambitious A$. officers, with the aid of some civilian political strate ists#

Then, it describes the "alle edly three %(& operational plans" referred to in the second para raph# The first plan is said to be "an insidious plan or a massive political build?up" of then 1ecretary of 3ational Iefense, Desus Ear as, by propa andi"in and lamori"in him in such a way as to "be prepared to become a candidate for .resident in )7<)"# To this end, the "planners" are said to "have adopted the sales?talk that 1ecretary Ear as is =Communists= .ublic /nemy 3o# ) in the .hilippines#" Moreover, the .;,555,555#55 "intelli ence and psycholo ical warfare funds" of the Iepartment of 3ational Iefense, and the ".eace and Amelioration $und" the letter says are "available to ade!uately finance a political campai n"# 't further adds: 't is reported that the ".lanners" have under their control the followin : %)& Col. $icanor /imene1 of $FC',%+& "t. Col. /ose "u@ban of $BF, %(& Capt. Carlos 'lbert 4P$6 of 5!9 '2P, %;& Col# $idel 0lamas of M'1 %:& 0t# Col# Dose -e ala of the .sycholo ical >arfare @ffice, I3I, and %<& Major Dose -eyna of the .ublic information @ffice, I3I# To insure this control, the ".lanners" purportedly sent 0t# Col# Dob Mayo, Chief of M'1 to /urope to study and while Mayo was in /urope, he was relieved by Col# $idel 0lamas# They also sent 0t# Col# Ieo racias Caballero, Chief of .sycholo ical >arfare @ffice, I3I, to B1A to study and while Caballero was in B1A, he was relieved by 0t# Col# Dose -e ala# The ".lanners" wanted to relieve 0t# Col# -amon 4alve"on, Chief of C'1 %.C& but failed# Aence, 4alve"on is considered a missin link in the intelli ence network# Ft is, of course, possible that the offices mentioned above are un(itting tools of the plan of (hich they may have absolutely no @no(ledge# %/mphasis ours#& Amon the means said to be used to carry out the plan the letter lists, under the headin "other operational techni!ue the followin : %a& Continuous speakin en a ements all over the .hilippines for 1ecretary Ear as to talk on "Communism" and Apolo etics on civilian supremacy over the military* %b& Articles in ma a"ines, news releases, and hundreds of letters "typed in two %+& typewriters only" to /ditors of ma a"ines and newspapers, e,tollin 1ecretary Ear as as the "hero of democracy in )7:), )7:(, )7:: and )7:9 elections"* %c& -adio announcements e,tollin Ear as and critici"in the administration* %d& Eirtual assumption by Ear as of the functions of the Chief of 1taff and an attempt to pack key positions in several branches of the Armed $orces with men belon in to his cli!ue* %e& 'nsidious propa anda and rumors spread in such a way as to ive the impression that they reflect the feelin of the people or the opposition parties, to undermine the administration# .lan 3o# '' is said to be a "coup d=etat", in connection with which the "planners" had one no further than the plannin sta e, althou h the plan "seems to be held in abeyance and subject to future developments"# .lan 3o# ''' is characteri"ed as a modification of .lan 3o# ', by tryin to assua e the .resident and the public with a loyalty parade, in connection with which 4en# Arellano delivered a speech challen in the authority and inte rity of Con ress, in an effort to rally the officers and men of the A$. behind him, and ain popular and civilian support# The letter in !uestion recommended#: %)& that 1ecretary Ear as be asked to resi n* %+& that the Armed $orces be divorced absolutely from politics* %(& that the 1ecretary of 3ational Iefense be a civilian, not a professional military man* %;& that no Con ressman be appointed to said office* %:& that 4en# Arellano be asked to resi n or retire* %<& that the present chiefs of the various intelli ence a encies in the Armed $orces includin the chiefs of the 3'CA, 32', and other intelli ence a encies mentioned elsewhere in the letter, be reassi ned, considerin that "they were handpicked by 1ecretary Ear as and 4en# Arellano", and that, "most probably, they belon to the Ear as?Arellano cli!ue"* %9& that all military personnel now servin civilian offices be returned to the A$., e,cept those holdin positions by provision of law* %8& that the -e ular Iivision of the A$. stationed in 0aur, 3ueva /cija, be dispersed by batallion stren th to the various stand?by or trainin divisions throu hout the country* and %7& that Ear as and Arellano should dis!ualify themselves from holdin or undertakin an investi ation of the planned coup d=etat"# >e are satisfied that the letter in !uestion is not sufficient to support plaintiffs= action for dama es# Althou h the letter says that plaintiffs are under the control of the unnamed persons therein alluded to as "planners", and that, havin been handpicked by 1ecretary Ear as and 4en# Arellano, plaintiffs "probably belon to the Ear as?Arellano cli!ue", it should be noted that defendant, likewise,

added that "it is of course possible" that plaintiffs "are unwittin tools of the plan of (hich they may have absolutely no @no(ledge"# 'n other words, the very document upon which plaintiffs= action is based e,plicitly indicates that they mi ht be absolutely una(are of the alle ed operational plans, and that they may be merely unwittin tools of the planners# >e do not think that this statement is dero atory to the plaintiffs, to the point of entitlin them to recover dama es, considerin that they are officers of our Armed $orces, that as such they are by law, under the control of the 1ecretary of 3ational Iefense and the Chief of 1taff, and that the letter in !uestion seems to su est that the roup therein described as "planners" include these two %+& hi h rankin officers# 't is true that the complaint alle es that the open letter in !uestion was written by the defendant, knowin that it is false and with the intent to impeach plaintiffs= reputation, to e,pose them to public hatred, contempt, dishonor and ridicule, and to alienate them from their associates, but these alle ations are mere conclusions which are inconsistent with the contents of said letter and can not prevail over the same, it bein the very basis of the complaint# Then too, when plaintiffs alle e in their complaint that said communication is false, they could not have possibly meant that they were aware of the alle ed plan to sta e a coup d?etat or that they were knowin ly tools of the "planners"# A ain, the aforementioned passa e in the defendant=s letter clearly implies that plaintiffs were not amon the "planners" of said coup d?etat, for, otherwise, they could not be "tools", much less, unwittin ly on their part, of said "planners"# >herefore, the order appealed from is hereby affirmed# 't is so ordered# Reyes, /.B."., Barrera, Di1on, Regala, 'ootnotes
)

a@alintal, Beng1on, /.P., Aaldivar, Sanche1 and Castro, //., concur.

Eera vs# Avelino, 99 .hil# )7+* Tenney vs# 2randhove, (;) B#1# (<9* Coffin vs# Coffin, ; Mass )#

PE"P4E "' !,E P,$4$PP$NE(, plaintiff,appellee- vs) R"*E" &. 9A4"(9"(, accused,appellant. RE("4+!$"N )NARE(6(AN!$A&", (.7 The accused?appellant, -omeo 4# Dalosjos is a full?fled ed member of Con ress who is now confined at the national penitentiary while his conviction for statutory rape on two counts and acts of lasciviousness on si, counts G)H is pendin appeal# The accused? appellant filed this motion askin that he be allowed to fully dischar e the duties of a Con ressman, includin attendance at le islative sessions and committee meetin s despite his havin been convicted in the first instance of a non?bailable offense# The issue raised is one of first impression# Ioes membership in Con ress e,empt an accused from statutes and rules which apply to validly incarcerated persons in eneralJ 'n answerin the !uery, we are called upon to balance relevant and conflictin factors in the judicial interpretation of le islative privile e in the conte,t of penal law# The accused?appellantMs "Motion To 2e Allowed To Iischar e Mandate As Member of Aouse of -epresentatives" was filed on the rounds that Q )# Accused?appellantMs reelection bein an e,pression of popular will cannot be rendered inutile by any rulin , ivin priority to any ri ht or interest Q not even the police power of the 1tate# +# To deprive the electorate of their elected representative amounts to ta,ation without representation# (# To bar accused?appellant from performin his duties amounts to his suspensionCremoval and mocks the renewed mandate entrusted to him by the people# ;# The electorate of the $irst Iistrict of Famboan a del 3orte wants their voice to be heard#

:# A precedent?settin B#1# rulin allowed a detained lawmaker to attend sessions of the B#1# Con ress# <# The Aouse treats accused?appellant as a bona fide member thereof and ur es a co?e!ual branch of overnment to respect its mandate# 9# The concept of temporary detention does not necessarily curtail the duty of accused?appellant to dischar e his mandate# 8# Accused?appellant has always complied with the conditionsCrestrictions when allowed to leave jail# The primary ar ument of the movant is the "mandate of soverei n will#" Ae states that the soverei n electorate of the $irst Iistrict of Famboan a del 3orte chose him as their representative in Con ress# Aavin been re?elected by his constituents, he has the duty to perform the functions of a Con ressman# Ae calls this a covenant with his constituents made possible by the intervention of the 1tate# Ae adds that it cannot be defeated by insuperable procedural restraints arisin from pendin criminal cases# True, election is the e,pression of the soverei n power of the people# 'n the e,ercise of suffra e, a free people e,pects to achieve the continuity of overnment and the perpetuation of its benefits# Aowever, inspite of its importance, the privile es and ri hts arisin from havin been elected may be enlar ed or restricted by law# @ur first task is to ascertain the applicable law# >e start with the incontestable proposition that all top officials of 4overnment?e,ecutive, le islative, and judicial are subject to the majesty of law# There is an unfortunate misimpression in the public mind that election or appointment to hi h overnment office, by itself, frees the official from the common restraints of eneral law# .rivile e has to be ranted by law, not inferred from the duties of a position# 'n fact, the hi her the rank, the reater is the re!uirement of obedience rather than e,emption# The immunity from arrest or detention of 1enators and members of the Aouse of -epresentatives, the latter customarily addressed as Con ressmen, arises from a provision of the Constitution# The history of the provision shows that the privile e has always been ranted in a restrictive sense# The provision rantin an e,emption as a special privile e cannot be e,tended beyond the ordinary meanin of its terms# 't may not be e,tended by intendment, implication or e!uitable considerations# The )7(: Constitution provided in its Article E' on the 0e islative Iepartment: 1ec# ):# The 1enators and Members of the Aouse of -epresentatives shall in all cases e,cept treason, felony, and breach of the peace be privile ed from arrest durin their attendance at the sessions of Con ress, and in oin to and returnin from the same* ,,,# 2ecause of the broad covera e of felony and breach of the peace, the e,emption applied only to civil arrests# A con ressman like the accused?appellant, convicted under Title /leven of the -evised .enal Code could not claim parliamentary immunity from arrest# Ae was subject to the same eneral laws overnin all persons still to be tried or whose convictions were pendin appeal# The )79( Constitution broadened the privile e of immunity as follows: Article E''', 1ec# 7# A Member of the 2atasan .ambansa shall, in all offenses punishable by not more than si, years imprisonment, be privile ed from arrest durin his attendance at its sessions and in oin to and returnin from the same# $or offenses punishable by more than si, years imprisonment, there was no immunity from arrest# The restrictive interpretation of immunity and the intent to confine it within carefully defined parameters is illustrated by the concludin portion of the provision, to wit: ,,, but the 2atasan .ambansa shall surrender the member involved to the custody of the law within twenty four hours after its adjournment for a recess or for its ne,t session, otherwise such privile e shall cease upon its failure to do so#

The present Constitution adheres to the same restrictive rule minus the obli ation of Con ress to surrender the subject Con ressman to the custody of the law# The re!uirement that he should be attendin sessions or committee meetin s has also been removed# $or relatively minor offenses, it is enou h that Con ress is in session# The accused?appellant ar ues that a member of Con ressM function to attend sessions is underscored by 1ection )< %+&, Article E' of the Constitution which states thatQ %+& A majority of each Aouse shall constitute a !uorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such Aouse may provide# Aowever, the accused?appellant has not iven any reason why he should be e,empted from the operation of 1ection )), Article E' of the Constitution# The members of Con ress cannot compel absent members to attend sessions if the reason for the absence is a le itimate one# The confinement of a Con ressman char ed with a crime punishable by imprisonment of more than si, months is not merely authori"ed by law, it has constitutional foundations# Accused?appellantMs reliance on the rulin in 'guinaldo v. SantosG+H, which states, inter alia, that Q The Court should never remove a public officer for acts done prior to his present term of office# To do otherwise would be to deprive the people of their ri ht to elect their officers# >hen a people have elected a man to office, it must be assumed that they did this with the knowled e of his life and character, and that they disre arded or for ave his fault or misconduct, if he had been uilty of any# 't is not for the Court, by reason of such fault or misconduct, to practically overrule the will of the people# will not e,tricate him from his predicament# 't can be readily seen in the above?!uoted rulin that the 'guinaldo case involves the administrative removal of a public officer for acts done prior to his present term of office# 't does not apply to imprisonment arisin from the enforcement of criminal law# Moreover, in the same way that preventive suspension is not removal, confinement pendin appeal is not removal# Ae remains a con ressman unless e,pelled by Con ress or, otherwise, dis!ualified# @ne rationale behind confinement, whether pendin appeal or after final conviction, is public self?defense# 1ociety must protect itself# 't also serves as an e,ample and warnin to others# A person char ed with crime is taken into custody for purposes of the administration of justice# As stated in Gnited States v. 5ustilo, G(H it is the injury to the public which 1tate action in criminal law seeks to redress# 't is not the injury to the complainant# After conviction in the -e ional Trial Court, the accused may be denied bail and thus subjected to incarceration if there is risk of his abscondin #G;H The accused?appellant states that the plea of the electorate which voted him into office cannot be supplanted by unfounded fears that he mi ht escape eventual punishment if permitted to perform con ressional duties outside his re ular place of confinement# 't will be recalled that when a warrant for accused?appellantMs arrest was issued, he fled and evaded capture despite a call from his collea ues in the Aouse of -epresentatives for him to attend the sessions and to surrender voluntarily to the authorities# 'ronically, it is now the same body whose call he initially spurned which accused?appellant is invokin to justify his present motion# This can not be countenanced because, to reiterate, aside from its bein contrary to well?defined Constitutional restrains, it would be a mockery of the aims of the 1tateMs penal system# Accused?appellant ar ues that on several occasions, the -e ional Trial Court of Makati ranted several motions to temporarily leave his cell at the Makati City Dail, for official or medical reasons, to wit: a& to attend hearin s of the Aouse Committee on /thics held at the 2atasan Comple,, Tue"on City, on the issue of whether to e,pelCsuspend him from the Aouse of -epresentatives* b& to under o dental e,amination and treatment at the clinic of his dentist in Makati City*

c& to under o a thorou h medical check?up at the Makati Medical Center, Makati City* d& to re ister as a voter at his hometown in Iapitan City# 'n this case, accused?appellant commuted by chartered plane and private vehicle# Ae also calls attention to various instances, after his transfer at the 3ew 2ilibid .rison in Muntinlupa City, when he was likewise allowedCpermitted to leave the prison premises, to wit: a& to join "livin ?out" prisoners on "work?volunteer pro ram" for the purpose of )& establishin a maho any seedlin bank and +& plantin maho any trees, at the 32. reservation# $or this purpose, he was assi ned one uard and allowed to use his own vehicle and driver in oin to and from the project area and his place of confinement# b& to continue with his dental treatment at the clinic of his dentist in Makati City# c& to be confined at the Makati Medical Center in Makati City for his heart condition# There is no showin that the above privile es are peculiar to him or to a member of Con ress# /mer ency or compellin temporary leaves from imprisonment are allowed to all prisoners, at the discretion of the authorities or upon court orders# >hat the accused?appellant seeks is not of an emer ency nature# Allowin accused?appellant to attend con ressional sessions and committee meetin s for five %:& days or more in a week will virtually make him a free man with all the privile es appurtenant to his position# 1uch an aberrant situation not only elevates accused?appellantMs status to that of a special class, it also would be a mockery of the purposes of the correction system# @f particular relevance in this re ard are the followin observations of the Court in artine1 v. orfe:G:H The above conclusion reached by this Court is bolstered and fortified by policy considerations# There is, to be sure, a full reco nition of the necessity to have members of Con ress, and likewise dele ates to the Constitutional Convention, entitled to the utmost freedom to enable them to dischar e their vital responsibilities, bowin to no other force e,cept the dictates of their conscience# 3ecessarily the utmost latitude in free speech should be accorded them# >hen it comes to freedom from arrest, however, it would amount to the creation of a privile ed class, without justification in reason, if notwithstandin their liability for a criminal offense, they would be considered immune durin their attendance in Con ress and in oin to and returnin from the same# There is likely to be no dissent from the proposition that a le islator or a dele ate can perform his functions efficiently and well, without the need for any trans ression of the criminal law# 1hould such an unfortunate event come to pass, he is to be treated like any other citi"en considerin that there is a stron public interest in seein to it that crime should not o unpunished# To the fear that may be e,pressed that the prosecutin arm of the overnment mi ht unjustly o after le islators belon in to the minority, it suffices to answer that precisely all the safe uards thrown around an accused by the Constitution, solicitous of the ri hts of an individual, would constitute an obstacle to such an attempt at abuse of power# The presumption of course is that the judiciary would remain independent# 't is trite to say that in each and every manifestation of judicial endeavor, such a virtue is of the essence# The accused?appellant avers that his constituents in the $irst Iistrict of Famboan a del 3orte want their voices to be heard and that since he is treated as bona fide member of the Aouse of -epresentatives, the latter ur es a co?e!ual branch of overnment to respect his mandate# Ae also claims that the concept of temporary detention does not necessarily curtail his duty to dischar e his mandate and that he has always complied with the conditionsCrestrictions when he is allowed to leave jail# >e remain unpersuaded# 3o less than accused?appellant himself admits that like any other member of the Aouse of -epresentatives "GhHe is provided with a con ressional office situated at -oom 3?+);, 3orth >in 2uildin , Aouse of -epresentatives Comple,, 2atasan Aills, Tue"on City, manned by a full complement of staff paid for by Con ress# Throu h GanH inter?department coordination, he is also provided (ith an office at the 'dministration Building, $e( Bilibid Prison, untinlupa City, (here he attends to his constituents #" Accused?appellant further admits that while under detention, he has filed several bills and resolutions# 't also appears that he has been receivin his

salaries and other monetary benefits# 1uccinctly stated, accused?appellant has been dischar in his mandate as a member of the Aouse of -epresentative consistent with the restraints upon one who is presently under detention# 2ein a detainee, accused?appellant should not even have been allowed by the prison authorities at the 3ational .entientiary to perform these acts# >hen the voters of his district elected the accused?appellant to Con ress, they did so with full awareness of the limitations on his freedom of action# They did so with the knowled e that he could achieve only such le islative results which he could accomplish within the confines of prison# To ive a more drastic illustration, if voters elect a person with full knowled e that he is sufferin from a terminal illness, they do so knowin that at any time, he may no lon er serve his full term in office# 'n the ultimate analysis, the issue before us boils down to a !uestion of constitutional e!ual protection# The Constitution uarantees: ", , , nor shall any person be denied the e!ual protection of laws#"G<H This simply means that all persons similarly situated shall be treated alike both in ri hts enjoyed and responsibilities imposed# G9H The or ans of overnment may not show any undue favoritism or hostility to any person# 3either partiality nor prejudice shall be displayed# Ioes bein an elective official result in a substantial distinction that allows different treatmentJ 's bein a Con ressman a substantial differentiation which removes the accused?appellant as a prisoner from the same class as all persons validly confined under lawJ The performance of le itimate and even essential duties by public officers has never been an e,cuse to free a person validly in prison# The duties imposed by the "mandate of the people" are multifarious# The accused?appellant asserts that the duty to le islate ranks hi hest in the hierarchy of overnment# The accused?appellant is only one of +:5 members of the Aouse of -epresentatives, not to mention the +; members of the 1enate, char ed with the duties of le islation# Con ress continues to function well in the physical absence of one or a few of its members# Iependin on the e,i ency of 4overnment that has to be addressed, the .resident or the 1upreme Court can also be deemed the hi hest for that particular duty# The importance of a function depends on the need for its e,ercise# The duty of a mother to nurse her infant is most compellin under the law of nature# A doctor with uni!ue skills has the duty to save the lives of those with a particular affliction# An elective overnor has to serve provincial constituents# A police officer must maintain peace and order# 3ever has the call of a particular duty lifted a prisoner into a different classification from those others who are validly restrained by law# A strict scrutiny of classifications is essential lest wittin ly or otherwise, insidious discriminations are made in favor of or a ainst roups or types of individuals#G8H The Court cannot validate bad es of ine!uality# The necessities imposed by public welfare may justify e,ercise of overnment authority to re ulate even if thereby certain roups may plausibly assert that their interests are disre arded# G7H >e, therefore, find that election to the position of Con ressman is not a reasonable classification in criminal law enforcement# The functions and duties of the office are not substantial distinctions which lift him from the class of prisoners interrupted in their freedom and restricted in liberty of movement# 0awful arrest and confinement are ermane to the purposes of the law and apply to all those belon in to the same class#G)5H 'mprisonment is the restraint of a manMs personal liberty* coercion e,ercised upon a person to prevent the free e,ercise of his power of locomotion#G))H More e,plicitly, "imprisonment" in its eneral sense, is the restraint of oneMs liberty# As a punishment, it is restraint by jud ment of a court or lawful tribunal, and is personal to the accused#G)+H The term refers to the restraint on the personal liberty of another* any prevention of his movements from place to place, or of his free action accordin to his own pleasure and will#G)(H 'mprisonment is the detention of another a ainst his willdepriving him of his po(er of locomotionG);H and it "GisH somethin more than mere loss of freedom# 't includes the notion of restraint (ithin limits defined by (all or any e3terior barrier#"G):H 't can be seen from the fore oin that incarceration, by its nature, chan es an individualMs status in society# G)<H .rison officials have the difficult and often thankless job of preservin the security in a potentially e,plosive settin , as well as of attemptin to provide rehabilitation that prepares inmates for re?entry into the social mainstream# 3ecessarily, both these demands re!uire the curtailment and elimination of certain ri hts#G)9H

.remises considered, we are constrained to rule a ainst the accused?appellantMs claim that re?election to public office ives priority to any other ri ht or interest, includin the police power of the 1tate# :,ERE'"RE, the instant motion is hereby I/3'/I# (" "R%ERE%. 0apunan, Panganiban, %uisumbing, Purisima, Pardo, Buena, and De "eon, /r., //., concur. 5on1aga!Reyes, /., see separate concurrin opinion# Davide, /r., C./., Bellosillo, elo, Puno, &itug, and endo1a, //., concurs in the main and separate opinion#

A3T/-@ .@2-/ E1# 1/3# I/$/31@-?1A3T'A4@

'n his sworn letterCcomplaint dated Iecember ++, +55<, with enclosures, Antero D# .obre invites the CourtMs attention to the followin e,cerpts of 1enator Miriam Iefensor?1antia oMs speech delivered on the 1enate floor: , , , ' am not an ry# ' am irate# ' am foamin in the mouth# ' am homicidal# ' am suicidal# ' am humiliated, debased, de raded# And ' am not only that, ' feel like throwin up to be livin my middle years in a country of this nature# ' am nauseated# ' spit on the face of Chief Dustice Artemio .an aniban and his cohorts in the 1upreme Court, ' am no lon er interested in the position Gof Chief DusticeH if ' was to be surrounded by idiots# ' would rather be in another environment but not in the 1upreme Court of idiots , , ,# To .obre, the fore oin statements reflected a total disrespect on the part of the speaker towards then Chief Dustice Artemio .an aniban and the other members of the Court and constituted direct contempt of court# Accordin ly, .obre asks that disbarment proceedin s or other disciplinary actions be taken a ainst the lady senator# 'n her comment on the complaint dated April +:, +559, 1enator 1antia o, throu h counsel, does not deny makin the afore!uoted statements# 1he, however, e,plained that those statements were covered by the constitutional provision on parliamentary immunity, bein part of a speech she delivered in the dischar e of her duty as member of Con ress or its committee# The purpose of her speech, accordin to her, was to brin out in the open controversial anomalies in overnance with a view to future remedial le islation# 1he averred that she wanted to e,pose what she believed Oto be an unjust act of the Dudicial 2ar Council GD2CH,P which, after sendin out public invitations for nomination to the soon to?be vacated position of Chief Dustice, would eventually inform applicants that only incumbent justices of the 1upreme Court would !ualify for nomination# 1he felt that the D2C should have at least iven an advanced advisory that non?sittin members of the Court, like her, would not be considered for the position of Chief Dustice# The immunity 1enator 1antia o claims is rooted primarily on the provision of Article E', 1ection )) of the Constitution, which provides: OA 1enator or Member of the Aouse of -epresentative shall, in all offenses punishable by not more than si, years imprisonment, be privile ed from arrest while the Con ress is in session# No 1e1ber sh.ll be >uestione0 nor be hel0 li.ble in .n; other pl.ce for .n; speech or 0eb.te in the Congress or in .n; co11ittee thereof #P /,plainin the import of the underscored portion of the provision, the Court, in )smeDa, /r. v. Pendatun, said: @ur Constitution enshrines parliamentary immunity which is a fundamental privile e cherished in every le islative assembly of the democratic world# As old as the /n lish .arliament, its purpose Ois to enable and encoura e a representative of the public to dischar e his public trust with firmness and successP for Oit is indispensably necessary that he should enjoy the fullest liberty of speech and that he should be protected from resentment of every one, however, powerful, to whom the e,ercise of that liberty may occasion offense#P G)H As American jurisprudence puts it, this le islative privile e is founded upon lon e,perience and arises as a means of perpetuatin inviolate the functionin process of the le islative department# >ithout parliamentary immunity, parliament, or its e!uivalent, would de enerate into a polite and ineffective debatin forum# 0e islators are immune from deterrents to the uninhibited

dischar e of their le islative duties, not for their private indul ence, but for the public ood# The privile e would be of little value if they could be subjected to the cost and inconvenience and distractions of a trial upon a conclusion of the pleader, or to the ha"ard of a jud ment a ainst them based upon a jud eMs speculation as to the motives#G+H This Court is aware of the need and has in fact been in the forefront in upholdin the institution of parliamentary immunity and promotion of free speech# 3either has the Court lost si ht of the importance of the le islative and oversi ht functions of the Con ress that enable this representative body to look dili ently into every affair of overnment, investi ate and denounce anomalies, and talk about how the country and its citi"ens are bein served# Courts do not interfere with the le islature or its members in the manner they perform their functions in the le islative floor or in committee rooms# Any claim of an unworthy purpose or of the falsity and mala fides of the statement uttered by the member of the Con ress does not destroy the privile e# G(H The disciplinary authority of the assemblyG;H and the voters, not the courts, can properly discoura e or correct such abuses committed in the name of parliamentary immunity#G:H

$or the above reasons, the plea of 1enator 1antia o for the dismissal of the complaint for disbarment or disciplinary action is well taken# 'ndeed, her privile e speech is not actionable criminally or in a disciplinary proceedin under the -ules of Court# 't is felt, however, that this could not be the last word on the matter# The Court wishes to e,press its deep concern about the lan ua e 1enator 1antia o, a member of the 2ar, used in her speech and its effect on the administration of justice# To the Court, the lady senator has undoubtedly crossed the limits of decency and ood professional conduct# 't is at once apparent that her statements in !uestion were intemperate and hi hly improper in substance# To reiterate, she was !uoted as statin that she wanted Oto spit on the face of Chief Dustice Artemio .an aniban and his cohorts in the 1upreme Court,P and callin the Court a O1upreme Court of idiots#P The lady senator alluded to Fn Re: &icente Sotto#G<H >e draw her attention to the ensuin passa e in Sotto that she should have taken to heart in the first place: , , , G'Hf the people lose their confidence in the honesty and inte rity of this Court and believe that they cannot e,pect justice therefrom, they mi ht be driven to take the law into their own hands, and disorder and perhaps chaos would be the result#

3o lawyer who has taken an oath to maintain the respect due to the courts should be allowed to erode the peopleMs faith in the judiciary# 'n this case, the lady senator clearly violated Canon 8, -ule 8#5) and Canon )) of the Code of .rofessional -esponsibility, which respectively provide: Canon 8, -ule 8#5)#QQA lawyer shall not, in his professional dealin s, use lan ua e which is abusive, offensive or otherwise improper# Canon ))#QQA lawyer shall observe and maintain the respect due to the courts and to the judicial officers and should insist on similar conduct by others#

1enatorCAtty# 1antia o is a cut hi her than most lawyers# Aer achievements speak for themselves# 1he was a former -e ional Trial Court jud e, a law professor, an oft?cited authority on constitutional and international law, an author of numerous law te,tbooks, and an elected senator of the land# 3eedless to stress, 1enator 1antia o, as a member of the 2ar and officer of the court, like any other, is duty?bound to uphold the di nity and authority of this Court and to maintain the respect due its members# 0awyers in public service are keepers of public faith and are burdened with the hi her de ree of social responsibility, perhaps hi her than their brethren in private practice#G9H 1enator 1antia o should have known, as any perceptive individual, the impact her statements would make on the peopleMs faith in the inte rity of the courts# As 1enator 1antia o alle ed, she delivered her privile e speech as a prelude to craftin remedial le islation on the D2C# This alle ation strikes the Court as an afterthou ht in li ht of the insultin tenor of what she said# >e !uote the passa e once more:

, , , $ am not an ry# $ am irate# $ am foamin in the mouth# $ am homicidal# $ am suicidal# $ am humiliated, debased, de raded# And $ am not only that, ' feel like throwin up to be livin my middle years in a country of this nature# $ am nauseated# $ spit on the face of Chief Dustice Artemio .an aniban and his cohorts in the 1upreme Court, $ am no lon er interested in the position Gof Chief DusticeH if ' was to be surrounded by idiots# $would rather be in another environment but not in the 1upreme Court of idiots , , ,# %/mphasis ours#&

A careful re?readin of her utterances would readily show that her statements were e,pressions of personal an er and frustration at not bein considered for the post of Chief Dustice# 'n a sense, therefore, her remarks were outside the pale of her official parliamentary functions# /ven parliamentary immunity must not be allowed to be used as a vehicle to ridicule, demean, and destroy the reputation of the Court and its ma istrates, nor as armor for personal wrath and dis ust# Authorities are a reed that parliamentary immunity is not an individual privile e accorded the individual members of the .arliament or Con ress for their personal benefit, but rather a privile e for the benefit of the people and the institution that represents them# To be sure, 1enator 1antia o could have iven vent to her an er without indul in in insultin rhetoric and offensive personalities# 0est it be overlooked, 1enator 1antia oMs outburst was directly traceable to what she considered as an Ounjust actP the D2C had taken in connection with her application for the position of Chief Dustice# 2ut while the D2C functions under the CourtMs supervision, its individual members, save perhaps for the Chief Dustice who sits as the D2CMs e3!officio chairperson,G8H have no official duty to nominate candidates for appointment to the position of Chief Dustice# The Court is, thus, at a loss to understand 1enator 1antia oMs wholesale and indiscriminate assault on the members of the Court and her choice of critical and defamatory words a ainst all of them# At any event, e!ually important as the speech and debate clause of Art# E', 1ec# )) of the Constitution is 1ec# :%:& of Art# E''' of the Constitution that provides: 1ection :# The 1upreme Court shall have the followin powers: ,,,, %:& .romul ate rules concernin the protection and enforcement of constitutional ri hts, pleadin , practice, and procedure in all courts, the admission to the practice of the law, the $ntegr.te0 5.r, and le al assistance to the underprivile ed# %/mphasis ours#&

The Court, besides bein authori"ed to promul ate rules concernin pleadin , practice, and procedure in all courts, e,ercises specific authority to promul ate rules overnin the 'nte rated 2ar with the end in view that the inte ration of the 2ar will, amon other thin s: %;& 1hield the judiciary, which traditionally cannot defend itself e,cept within its own forum, from the assaults that politics and self interest may level at it, and assist it to maintain its inte rity, impartiality and independence* ,,,, %))& /nforce ri id ethical standards , , ,#G7H

'n Re: "etter Dated 9< 2ebruary 9;;: of 'tty. $oel S. Sorreda ,G)5H we reiterated our pronouncement in Rheem of the Philippines v. 2errerG))H that the duty of attorneys to the courts can only be maintained by renderin no service involvin any disrespect to the judicial office which they are bound to uphold# The Court wrote in Rheem of the Philippines:

, , , As e,plicit is the first canon of le al ethics which pronounces that OGiHt is the duty of a lawyer to maintain towards the Courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance#P That same canon, as a corollary, makes it peculiarly incumbent upon lawyers to support the courts a ainst Ounjust criticism and clamor#P And more# The attorneyMs oath solemnly binds him to a conduct that should be Owith all ood fidelity , , , to the courts#P

Also, in Sorreda, the Court revisited its holdin in Surigao

ineral Reservation Board v. CloribelG)+H that:

A lawyer is an officer of the courts* he is, Olike the court itself, an instrument or a ency to advance the ends of justice#P Ais duty is to uphold the di nity and authority of the courts to which he owes fidelity, Onot to promote distrust in the administration of justice#P $aith in the courts, a lawyer should seek to preserve# $or, to undermine the judicial edifice Ois disastrous to the continuity of overnment and to the attainment of the liberties of the people#P Thus has it been said of a lawyer that OGaHs an officer of the court, it is his sworn and moral duty to help build and not destroy unnecessarily that hi h esteem and re ard towards the courts so essential to the proper administration of justice#PG)(H The lady senator belon s to the le al profession bound by the e,actin injunction of a strict Code# 1ociety has entrusted that profession with the administration of the law and dispensation of justice# 4enerally speakin , a lawyer holdin a overnment office may not be disciplined as a member of the 2ar for misconduct committed while in the dischar e of official duties, unless said misconduct also constitutes a violation of hisCher oath as a lawyer# G);H 0awyers may be disciplined even for any conduct committed in their private capacity, as lon as their misconduct reflects their want of probity or ood demeanor,G):H a ood character bein an essential !ualification for the admission to the practice of law and for continuance of such privile e# >hen the Code of .rofessional -esponsibility or the -ules of Court speaks of OconductP or Omisconduct,P the reference is not confined to oneMs behavior e,hibited in connection with the performance of lawyersM professional duties, but also covers any misconduct, whichQQalbeit unrelated to the actual practice of their professionQQwould show them to be unfit for the office and unworthy of the privile es which their license and the law invest in them#G)<H This Court, in its unceasin !uest to promote the peopleMs faith in courts and trust in the rule of law, has consistently e,ercised its disciplinary authority on lawyers who, for malevolent purpose or personal malice, attempt to obstruct the orderly administration of justice, trifle with the inte rity of courts, and embarrass or, worse, mali n the men and women who compose them# >e have done it in the case of former 1enator Eicente 1otto in Sotto, in the case of Atty# 3oel 1orreda in Sorreda, and in the case of Atty# $rancisco 2# Cru" in Tacordan v. 'ngG)9H who repeatedly insulted and threatened the Court in a most insolent manner# The Court is not hesitant to impose some form of disciplinary sanctions on 1enatorCAtty# 1antia o for what otherwise would have constituted an act of utter disrespect on her part towards the Court and its members# The factual and le al circumstances of this case, however, deter the Court from doin so, even without any si n of remorse from her# 2asic constitutional consideration dictates this kind of disposition# >e, however, would be remiss in our duty if we let the 1enatorMs offensive and disrespectful lan ua e that definitely tended to deni rate the institution pass by# 't is imperative on our part to re?instill in 1enatorCAtty# 1antia o her duty to respect courts of justice, especially this Tribunal, and remind her anew that the parliamentary non?accountability thus ranted to members of Con ress is not to protect them a ainst prosecutions for their oAn benefit, but to enable them, as the peopleMs representatives, to perform the functions of their office without fear of bein made responsible before the courts or other forums outside the con ressional hall# G)8H 't is intended to protect members of Con ress a ainst overnment pressure and intimidation aimed at influencin the decision?makin prero atives of Con ress and its members# The -ules of the 1enate itself contains a provision on Gnparliamentary 'cts and "anguage that enjoins a 1enator from usin , under any circumstance, Ooffensive or improper lan ua e a ainst another 1enator or .g.inst .n; public institution#PG)7H 2ut as to 1enator 1antia oMs unparliamentary remarks, the 1enate .resident had not apparently called her to order, let alone referred the matter to the 1enate /thics Committee for appropriate disciplinary action, as the -ules dictates under such circumstance# G+5H The lady senator clearly violated the rules of her own chamber# 't is unfortunate that her peers bent backwards and avoided imposin their own rules on her#

$inally, the lady senator !uestions .obreMs motives in filin his complaint, statin that disciplinary proceedin s must be undertaken solely for the public welfare# >e cannot a ree with her more# >e cannot overstress that the senatorMs use of intemperate lan ua e to demean and deni rate the hi hest court of the land is a clear violation of the duty of respect lawyers owe to the courts# G+)H $inally, the 1enator asserts that complainant .obre has failed to prove that she in fact made the statements in !uestion# 1uffice it to say in this re ard that, althou h she has not cate orically denied makin such statements, she has une!uivocally said makin them as part of her privile e speech# Aer implied admission is ood enou h for the Court# :,ERE'"RE, the letter?complaint of Antero D# .obre a ainst 1enatorCAtty# Miriam Iefensor?1antia o is, conformably to Art# E', 1ec# )) of the Constitution, %$(*$((E%#

(" "R%ERE%. PRE(5$!ER" 9. #E4A(C", 9R. Associate Dustice 5EN&8"N #( %R$4"N <&.R. N". 133524= #eto PoAer of the Presi0ent 'AC!(7 @n ): Dan )77+, some provisions of the 1pecial .rovision for the 1upreme Court and the 0ower CourtMs 4eneral Appropriations were vetoed by the .resident because a resolution by the Court providin for appropriations for retired justices has been enacted# The vetoed bill provided for the increase of the pensions of the retired justices of the 1upreme Court, and the Court of Appeals as well as members of the Constitutional Commission# $((+E7 >hether or not the veto of the .resident on that portion of the 4eneral Appropriations bill is constitutional# ,E4%7 The Dustices of the Court have vested ri hts to the accrued pension that is due to them in accordance to -epublic Act )979# The president has no power to set aside and override the decision of the 1upreme Court neither does the president have the power to enact or amend statutes promul ated by her predecessors much less to the repeal of e,istin laws# The veto is unconstitutional since the power of the president to disapprove any item or items in the appropriations bill does not rant the authority to veto part of an item and to approve the remainin portion of said item# 3@T/1: .ocket Eeto 3ot Allowed Bnder the Constitution, the .resident does not have the so?called pocket?veto power, i#e#, disapproval of a bill by inaction on his part# The failure of the .resident to communicate his veto of any bill represented to him within (5 days after the receipt thereof automatically causes the bill to become a law# This rule corrects the .residential practice under the )7(: Constitution of releasin veto messa es lon after he should have acted on the bill# 't also avoids uncertainty as to what new laws are in force# >hen is it allowedJ The e,ception is provided in par %+&,1ec +9 of Art < of the Constitution which rants the .resident power to veto any particular item or items in an appropriation, revenue or tariff bill# The veto in such case shall not affect the item or items to which he does not object# ( ways how a bill becomes a law# )# >hen the .resident si ns it +# >hen the .resident vetoes it but the veto is overridden by +C( vote of all the members of each Aouse* and (# >hen the president does not act upon the measure within (5 days after it shall have been presented to him#