Guingona v.

Gonzales
G.R. No. 106971 March 1, 1993
Campos, Jr., J.
Facts:
After the May 11, 1992 elections, the senate was
composed of 15 LDP senators, 5 NPC senators, 3 LAKASNUCD senators, and 1 LP-PDP-LABAN senator. To suffice the
requirement that each house must have 12 representatives
in the CoA, the parties agreed to use the traditional formula:
(No. of Senators of a political party) x 12 seats) Total No. of
Senators elected. The results of such a formula would
produce 7.5 members for LDP, 2.5 members for NPC, 1.5
members for LAKAS-NUCD, and 0.5 member for LP-PDPLABAN. Romulo, as the majority floor leader, nominated 8
senators from their party because he rounded off 7.5 to 8
and that Taada from LP-PDP-LABAN should represent the
same party to the CoA. This is also pursuant to the
proposition compromise by Sen Tolentino who proposed that
the elected members of the CoA should consist of eight LDP,
one LP-PDP-LABAN, two NPC and one LAKAS-NUCD.
Guingona, a member of LAKAS-NUCD, opposed the said
compromise. He alleged that the compromise is against
proportional representation.
Issue:
whether or not rounding off is allowed in
determining a partys representation in the Commission on
Appointments
Held:
It is a fact accepted by all such parties that each of

them is entitled to a fractional membership on the basis of

the rule on proportional representation of each of the
political parties. A literal interpretation of Section 18 of
Article VI of the Constitution leads to no other manner of
application. The problem is what to do with the fraction of .5
or 1/2 to which each of the parties is entitled. The LDP
majority in the Senate converted a fractional half
membership into a whole membership of one senator by
adding one half or .5 to 7.5 to be able to elect Romulo. In so
doing one other partys fractional membership was
correspondingly reduced leaving the latters representation
in the Commission on Appointments to less than their
proportional representation in the Senate. This is clearly a
violation of Section 18 because it is no longer in compliance
with its mandate that membership in the Commission be
based on the proportional representation of the political
parties. The election of Senator Romulo gave more
representation to the LDP and reduced the representation of
one political party either the LAKAS NUCD or the NPC. A
party should have at least 1 seat for every 2 duly elected
senators-members in the CoA. Where there are more than 2
parties in Senate, a party which has only one member
senator cannot constitutionally claim a seat. In order to
resolve such, the parties may coalesce with each other in
order to come up with proportional representation especially
since one party may have affiliations with the other party.