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SUPREME COURT REPORTS ANNOTATED VOLUME 140

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SUPREME COURT REPORTS ANNOTATED 455

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Philippine Bar Association vs. Commission on Elections

REPUBLIC OF THE PHILIPPINES

SUPREME COURT
MANILA

January 7, 1986

Gentlemen

Quoted hereunder, for your information, is a resolution of

the Court En Banc dated December 19, 1985
"G.R. No. 72915 (Philippine Bar Association, et al. vs.
The Commission on Elections, et al); G.R. No. 72922
(Martiniano P. Vivo, et al. vs. Commission on Elections, et
al.); G.R. No. 72923 (MP Aquilino Q. Pimentel, Jr., et al. vs.
The Treasurer of the Philippines, et al.); G.R. No. 72924
(The Movement of Attorneys for Brotherhood, Integrity and
Nationalism, Inc. [MABINI], et al. vs. The Commission on
Elections, et al.); G.R. No. 72927 (The Liberal Party, et al.
vs. The National Treasurer of the Philippines); G.R. No.
72928 (Concerned Women of the Philippines, et al. vs. Hon.
Maximiano Savellano, et al.); G.R. No. 72935 (Alberto G.
Romulo, et al. vs. Commission on Elections, et al.); G.R. No.
72954 (Victor C. Avecilla, et al. vs. Commission on
Elections); G.R. No. 72957 (National Bar Association of the
Philippines, et al. vs. Commission on Elections, et al); G.R.
No. 72968 (Laban ng Bayan [LABAN], et al. vs. The
Commission on Elections, et al.) and G.R. No. 72986 (Juan
T. David vs. The Commission on Elections, et al.).—After
considering all the pleadings and deliberating on the issues
raised in the petitions as well as on the oral arguments of
the parties and the amici curiae in the hearings held in
these cases, Chief Justice Ramon C. Aquino and six (6)
Justices, namely, Justices Claudio Teehankee, Hermogenes
Concepcion, Jr., Vicente Abad Santos, Efren I. Plana,
Venicio T. Escolin and Lorenzo Relova, voted to DISMISS
the petitions in these cases and to DENY the prayer for the
issuance of an injunction restraining respondents from
holding the election on February 7, 1986. In the opinion of
Chief Justice Aquino, B.P. 883 is constitutional.
"Justices Hugo Gutierrez, Jr., B.S. de la Fuente, Serafin
R. Cuevas, Nestor B. Alampay and Lino M. Patajo voted to

456

456 SUPREME COURT REPORTS ANNOTATED

Philippine Bar Association vs. Commission on Elections

DECLARE solution P. 883 unconstitutional and to grant

the injunction prayed essi or.
"Justice the insertion is of the opinion that inasmuch as
there are less than ten votes in favor of declaring B.P.
Batas Bilang unconstitutional, the petitions in these cases
are hereby dismissed and the writs therein prayed for are
denied.
"This is in accordance with the opinion in Gonzales vs.
COMELEC, 21 SCRA 802 and Very truly yours, vs.
Executive Secretary, 50 SCRA 141.
"Justices Teehankee, Plana, Escolin, Relova, Gutierrez,
Jr., de la Revision Alampay and Patajo separate opinions.
"This resolution is without prejudice to the filing of
separate opinions by the other Members of this Court.
"At the session of January 7, 1986, the Court noted that
its act of dismissing the petitions had not been formally
stated in its basic Resolution of December 19, 1985. The
Court therefore authorizes the insertion of the f ollowing
dispositive portion:

'Accordingly, inasmuch as there are less than the required ten

(10) votes to declare Batas Pambansa Bilang 883
unconstitutional, the petitions in these cases are hereby
DISMISSED and the writs therein prayed for are DENIED.' "

"Chief Justice Aquino is of the opinion that the revision of

the December 19, 1985 resolution is totally unnecessary. It
is clear. It is understood that the petitions are dismissed.
The public and the Comelec understood that the petitions
were dismissed."
*
Melecio-Herrera, J., took no part in all these cases.
Very truly yours,
(Sgd.) GLORIA C. PARAS
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