103 Phil.

1051 Political Law Constitutional Law Political Question Defined Members of the Senate
Electoral Tribunal

After the 1955 national elections, the membership in the Senate was overwhelmingly occupied by the
Nacionalista Party. The lone opposition senator was Lorenzo Taada who belonged to the Citizens Party.
Diosdado Macapagal on the other hand was a senatorial candidate who lost the bid but was contesting it
before the Senate Electoral Tribunal (SET). But prior to a decision the SET would have to choose its
members. It is provided that the SET should be composed of 9 members comprised of the following: 3
justices of the Supreme Court, 3 senators from the majority party and 3 senators from the minority
party. But since there is only one minority senator the other two SET members supposed to come from
the minority were filled in by the NP. Taada assailed this process before the Supreme Court. So did
Macapagal because he deemed that if the SET would be dominated by NP senators then he, as a
member of the Liberalista Party will not have any chance in his election contest. Senator Mariano
Cuenco et al (members of the NP) averred that the Supreme Court cannot take cognizance of the issue
because it is a political question. Cuenco argued that the power to choose the members of the SET is
vested in the Senate alone and the remedy for Taada and Macapagal was not to raise the issue before
judicial courts but rather to leave it before the bar of public opinion.

ISSUE: Whether or not the issue is a political question.

HELD: No. The SC took cognizance of the case and ruled that the issue is a justiciable question. The term
Political Question connotes what it means in ordinary parlance, namely, a question of policy. It refers to
those questions which, under the Constitution, are to be decided by the people in their sovereign
capacity; or in regard to which full discretionary authority has been delegated to the legislative or
executive branch of the government. It is concerned with issues dependent upon the wisdom, not
legality, of a particular measure.

In this case, the issue at bar is not a political question. The Supreme Court is not being asked by Taada
to decide upon the official acts of Senate. The issue being raised by Taada was whether or not the
elections of the 5 NP members to the SET are valid which is a judicial question. Note that the SET is a
separate and independent body from the Senate which does not perform legislative acts.

But how should the gridlock be resolved?

The nomination of the last two members (who would fill in the supposed seat of the minority members)
must not come from the majority party. In this case, the Chairman of the SET, apparently already
appointed members that would fill in the minority seats (even though those will come from the majority
party). This is still valid provided the majority members of the SET (referring to those legally sitting)
concurred with the Chairman. Besides, the SET may set its own rules in situations like this provided such
rules comply with the Constitution.