Escolar Documentos
Profissional Documentos
Cultura Documentos
8171 has
Altarejos vs. Commission on Elections impliedly repealed Presidential Decree No. 725, the Court’s
G.R. No. 163256. November 10, 2004. *
ruling in Frivaldo v. Commission on Elections, 257 SCRA
CICERON P. ALTAREJOS, 727 (1996), that repatriation retroacts to the date of filing of
petitioner, vs. COMMISSION ON ELECTIONS, JOSE one’s application for repatriation subsists and applies to
ALMIÑE and VERNON VERSOZA, respondents. repatriation under R.A. No. 8171.—Republic Act No. 8171
has impliedly repealed Presidential Decree No. 725. They
Actions; Moot and Academic Questions; Courts will
cover the same subject matter: Providing for the
decide a question otherwise moot and academic if it is repatriation of Filipino women who have lost their
capable of repetition, yet evading review.—As stated by the Philippine citizenship by marriage to aliens and of natural
Office of the Solicitor General, where the issues have born Filipinos. The Court’s ruling in Frivaldo v.
become moot and academic, there is no justiciable
Commission on Elections that repatriation retroacts to the
controversy, thereby rendering the resolution of the same of
date of filing of one’s application for repatriation subsists
no practical use or value. Nonetheless, courts will decide a
for the
question otherwise moot and academic if it is capable of _______________
repetition, yet evading review.
Citizenship; Repatriation; In addition to taking the *
EN BANC.
E139507 issued on November 3, 1997, and an Atty. Zacarias C. Zaragoza, Jr., regional election
Immigration Certificate of Residence No. 320846 director for Region V and hearing officer of this case,
issued on November 3, 1997 by the Bureau of recommended that petitioner Altarejos be disqualified
Immigration. 2
from being a candidate for the position of mayor of San
On January 26, 2004, petitioner filed an Jacinto, Masbate in the May 10, 2004 national and
Answer stating, among others, that he did not commit
3
local elections. He found, thus:
false representation in his application for candidacy as x x x
mayor because as early as December 17, 1997, he was The provisions of law governing the qualifications and
already issued a Certificate of Repatriation by the disqualifications of elective local officials are found in
Special Committee on Naturalization, after he filed a Sections 39 and 40 of Republic Act No. 7160 otherwise
known as the Local Government Code of 1991, which
petition for repatriation pursuant to Republic Act No.
provide as follows:
8171. Thus, petitioner claimed that his Filipino
SEC. 39. Qualifications.—(a) An elective local official must be a
citizenship was already restored, and he was qualified
citizen of the Philippines; a registered voter in the barangay,
to run as municipality, city or province or, in the case of member of the
_______________ sangguniang panlalawigan, sangguniang panlungsod, or
sangguniang bayan, the district where he intends to be elected; a
COMELEC (First Division) Resolution, Rollo, p. 36.
1
resident therein for at least one (1) year immediately preceding
COMELEC en banc Resolution, Rollo, p. 43.
2
the day of the election; and able to read and write Filipino or any
Rollo, p. 73.
3
other local language or dialect.
658 x x x.
658 SUPREME COURT REPORTS ANNOTATED (c) Candidates for the position of mayor or vicemayor of
independent component cities, component cities or municipalities
Altarejos vs. Commission on Elections
must be at least twentyone (21) years of age on election day.
mayor in the May 10, 2004 elections. Petitioner sought [SEC. 40. Disqualifications.—The following persons are
the dismissal of the petition. disqualified from running for any elective position:]
On the date of the hearing, the parties were x x x.
required to submit their Memoranda within three _______________
days. Private respondents filed their Memorandum,
while petitioner did not file one within the required Supra, note 2.
4
5
Supra, note 3, at p. 87. registration in the proper civil registry and in the Bureau of
659 Immigration.”
VOL. 441, NOVEMBER 10, 2004 659 It appears from the records of this case that respondent
Altarejos vs. Commission on Elections failed to prove that he has fully complied with requirements
(d) Those with dual citizenship. of the abovequoted Section 2 of Republic Act 8171 to
x x x. perfect his repatriation and reacquire his Filipino
(f) Permanent residents in a foreign country or those who have citizenship. Respondent has not submitted any document to
acquired the right to reside abroad and continue to avail of the prove that he has taken his oath of allegiance to the
same right after the effectivity of this Code; x x x Republic of the Philippines and that he has registered his
Under the terms of the above quoted statutory provisions, it fact of repatriation in the proper civil registry and in the
is required that an elective local official must be a citizen of Bureau of Immigration. In fact, in a letter date 25 June
the Philippines, and he must not have a dual citizenship; 2001, Commissioner ANDREA DOMINGO stated that
must not be a permanent resident in a foreign country or RESPONDENT is still a holder of visa under Section 13 (g)
must not have acquired the right to reside abroad. of the Philippine Immigration Act of 1940 as amended, with
In the present case, it has been established by clear and an indefinite authorized stay in the Philippines, implying
convincing evidence that respondent is a citizen of the that respondent did not register his supposed Certificate of
United States of America. Such fact is proven by his Alien Repatriation with the Bureau of Immigration otherwise his
Certificate of Registration (ACR) No. E139507 issued on 3 Alien
November 1997 and Immigration Certificate of Residence 660
(ICR) with No. 320846 issued on 3 November 1997 by the 660 SUPREME COURT REPORTS ANNOTATED
Alien Registration Division, Bureau of Immigration and Altarejos vs. Commission on Elections
Deportation. This was further confirmed in a letter dated Visa would have already been cancelled. The rule is that in
25 June 2001 of then Commissioner ANDREA D. case of doubt concerning the grant of citizenship, such
DOMINGO of the Bureau of Immigration and Deportation. doubt should be resolved in favor of the State and against
Although respondent had petitioned for his repatriation the applicant (Cheng vs. Republic, L16999, 22 June 1965).
as a Filipino citizen under Republic Act No. 8171 on 17 x x x
December 1997, this did not restore to respondent his Not having been able to prove that he has fully
Filipino citizenship, because Section 2 of the aforecited reacquired his Filipino citizenship after being naturalized
Republic Act No. 8171 specifically provides as a citizen of the United States, it is clear that respondent
that “repatriation shall be effected by taking the necessary is not qualified to be candidate for the position of Mayor of
oath of allegiance to the Republic of the Philippines and San Jacinto, Masbate, in the 10 May 2004 National and
Local Elections, pursuant to the aforequoted Sections 39 VOL. 441, NOVEMBER 10, 2004 661
and 40 of the Local Government Code of 1991. Altarejos vs. Commission on Elections
As a further consequence of his not being a Filipino had completed all the requirements for repatriation
citizen, respondent has also committed false representation which thus entitled him to run for an elective
in his certificate of candidacy by stating therein that he is a
naturalborn Filipino citizen, when in fact, he has not yet office, viz.:
even perfected the reacquisition of Filipino citizenship.
Such false representation constitutes a material 1. (1)Oath of Allegiance dated December 17, 1997;
misrepresentation as it relates to his qualification as a
candidate for public office, which could be a valid ground for 2. (2)Identification Certificate No. 116543 issued
the cancellation of his certificate of candidacy under Section by the Bureau of Immigration on March 1,
78 of the Omnibus Election Code x x x. 6
2004;
In its Resolution promulgated on March 22, 2004, the 3. (3)Certification from the City Civil Registration
COMELEC, First Division, adopted the findings and Office, Makati City, that the Certificate of
recommendation of Director Zaragoza. The dispositive Repatriation and Oath of Allegiance of
portion of said Resolution stated, thus: petitioner was received by said office and
“WHEREFORE, premises considered, respondent
registered, with the corresponding fee paid, on
CICERON PEREZ ALTAREJOS is hereby disqualified to
February 18, 2004;
run as Mayor of San Jacinto, Masbate. Accordingly, his
certificate of candidacy for the position of Municipal Mayor
of San Jacinto, Masbate is denied due course and cancelled 4. (4)A letter dated December 17, 1997 from the
and his name deleted from the certified list of candidates Special Committee on Naturalization to the
for the May 10, 2004 elections.” 7 Bureau on Immigration and Deportation that it
was furnishing said office with the Oath of
On March 25, 2004, petitioner filed a motion for Allegiance and Certificate of Repatriation of
reconsideration and attached the following documents petitioner for the cancellation of petitioner’s
to prove that he registration in said office as an alien, and the
_______________
issuance to him of the corresponding
6
Supra, note 1, at pp. 3940. Identification Card as Filipino citizen;
7
Id., at p. 41.
661
5. (5)A letter dated December 17, 1997 from the respondent were not able to overcome the evidence of the
Special Committee on Naturalization to the petitioners.
Local Registrar of San Jacinto, Masbate that it When the entire records of the case was forwarded to the
was sending petitioner’s Oath of Allegiance and Commission (First Division) the respondent’s only evidence
Certificate of Repatriation for registration in was his Certificate of Repatriation dated 17 December 1977
their records and for petitioner’s reacquisition and marked as Annex “1” of his answer. This piece of
evidence was not enough to controvert the evidence of the
of his former Philippine citizenship.
petitioners which consist of the letter of the then Bureau of
Immigration Commissioner Andrea Domingo dated 25 June
On May 7, 2004, the COMELEC en banc promulgated 2001 which stated that as of the even date respondent is a
a resolution denying the motion for reconsideration, holder of permanent resident visa (page 15 of the records)
the dispositive portion of which reads: and the certification of Josephine C. Camata dated 28
“WHEREFORE, premises considered, the Commission (En January 2004 certifying, that the name of the respondent
Banc) RESOLVED as it hereby RESOLVES to DENY the could not be found in the records of repatriation. (page 42 of
Motion for Reconsideration for UTTER LACK OF MERIT
the records) The questioned resolution, is therefore, in order
and AFFIRMS the Resolution of the First Division.” 8
under Section 2 of [Republic Act No.] 8171 which provides
On May 10, 2004, the election day itself, petitioner
that repatriation shall be effected by taking the necessary
filed this petition praying that: (1) The petition be
oath of
given due course and a temporary restraining order
663 and/or writ of preliminary injunction be issued ex
VOL. 441, NOVEMBER 10, 2004 663
parte restraining the respondents and all persons
Altarejos vs. Commission on Elections
acting on their behalf, from fully implementing the
allegiance to the Republic of the Philippines and
questioned COMELEC Resolutions promulgated on
registration in the proper civil registry and in the Bureau of
March 22, 2004 and May 7, 2004; (2) a writ of
Immigration. preliminary mandatory injunction be issued ordering
The certification was issued by the same Ms. Josephine
the COMELEC and all persons acting on its behalf to
C. Camata, City Civil Registrar, dated February 18, 2004.
allow petitioner to run as Mayor of San Jacinto,
This time, she certifies that Ciceron Perez Altarejos was
registered under Registry No. 1, Page 19, Book No. 1, Series
Masbate in the May 10, 2004 elections, and to count
of 2004 and paid under OR nos. 88325/8833256 dated and canvass the votes cast in his favor and to proclaim
February 18, 2004. (page 65 of the records). Obviously, he him as the winning mayor of San Jacinto, Masbate;
was able to register in the proper civil registry only on and (3) after proper proceedings, judgment be rendered
February 18, 2004. de
The respondent was able to register with the Bureau of _______________
Immigration only on March 1, 2004 as evidenced by the
Id., at pp. 4447.
9
otherwise moot and academic if it is capable of 1. (1)Person opposed to organized government or affiliated with an
association or group of persons who uphold and teach doctrines
repetition, yet evading review. 13
opposing organized government;
First Issue: Is the registration of petitioner’s
repatriation with the proper civil registry and 2. (2)Person defending or teaching the necessity or propriety of
violence, personal assault, or association for the predominance of
with the Bureau of Immigration a prerequisite in their ideas;
effecting repatriation?
_______________ 3. (3)Person convicted of crimes involving moral turpitude; or
Albaña v. Commission on Elections, G.R. No. 163302, July 23,
12 4. (4)Person suffering from mental alienation or incurable contagious
diseases.
2004, 435 SCRA 98; Garcia v. Commission on Elections, 258 SCRA
754, 757 (1996); Yorac v. Magalona, 3 SCRA 76, 77 (1961). SEC. 2. Repatriation shall be effected by taking the necessary oath of
Albaña v. Commission on Elections, G.R. No. 163302, July 23,
13
allegiance to the Republic of the Philippines and registration in the proper
2004, supra, citing Brillantes, Jr. v. Commission on Elections, G.R. civil registry and in the Bureau of Immigration. The Bureau of Immigration
No. 163193, June 15, 2004, 432 SCRA 269. shall thereupon cancel the pertinent alien certificate of registration and issue
the certificate of identification as Filipino citizen to the repatriated citizen.
666 SEC. 3. All laws, decrees, orders, rules and regulations, or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.
666 SUPREME COURT REPORTS ANNOTATED
Altarejos vs. Commission on Elections 667
The provision of law applicable in this case is Section 2 VOL. 441, NOVEMBER 10, 2004 667
of Republic Act No. 8171, thus: 14 Altarejos vs. Commission on Elections
_______________ SEC. 2. Repatriation shall be effected by taking the
necessary oath of allegiance to the Republic of the
14
REPUBLIC ACT NO. 8171: Philippines and registration in the proper civil registry and
“AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN
WHO HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE TO in the Bureau of Immigration. The Bureau of Immigration
ALIENS AND OF NATURALBORN FILIPINOS shall thereupon cancel the pertinent alien certificate of
registration and issue the certificate of identification as Under Sec. 39 of the Local Government Code, “(a)n elective
Filipino citizen to the repatriated citizen. local official must be:
The law is clear that repatriation is effected “by taking _______________
the oath of allegiance to the Republic of the SEC. 4. This Act shall take effect thirty (30) days after its publication in a
Philippines andregistration in the proper civil registry newspaper of general circulation.”
and in the Bureau of Immigration.” Hence, in addition 15
257 SCRA 727 (1996).
to taking the Oath of Allegiance to the Republic of the
668
Philippines, the registration of the Certificate of
668 SUPREME COURT REPORTS ANNOTATED
Repatriation in the proper civil registry and the
Altarejos vs. Commission on Elections
Bureau of Immigration is a prerequisite in effecting
the repatriation of a citizen. * a citizen of the Philippines;
In this case, petitioner took his Oath of Allegiance
on December 17, 1997, but his Certificate of * a registered voter in the barangay, municipality,
Repatriation was registered with the Civil Registry of city, or province x x x where he intends to be elected;
Makati City only after six years or on February 18,
2004, and with the Bureau of Immigration on March 1, * a resident therein for at least one (1) year
2004. Petitioner, therefore, completed all the immediately preceding the day of the election;
requirements of repatriation only after he filed his
* able to read and write Filipino or any other local
certificate of candidacy for a mayoralty position, language or dialect.”
but before the elections.
When does the citizenship qualification of a * In addition, “candidates for the position of
candidate for an elective office apply? governor x x x must be at least twentythree (23) years of
In Frivaldo v. Commission on Elections, the Court 15
age on election day.”
ruled that the citizenship qualification must be
From the above, it will be noted that the law does not
construed as “applying to the time of proclamation of specify any particular date or time when the candidate
the elected official and at the start of his term.” The must possess citizenship, unlike that for residence (which
Court, through Justice Artemio V. Panganiban, must consist of at least one year’s residency immediately
discussed, thus:
preceding the day of election) and age (at least twenty three elected official and at the start of his term. (Emphasis 16
years of age on election day). supplied.)
Philippine citizenship is an indispensable requirement
Moreover, in the case of Frivaldo v. Commission on
for holding an elective public office, and the purpose of the
citizenship qualification is none other than to ensure that Elections, the Court ruled that “the repatriation of
no alien, i.e., no person owing allegiance to another nation, Frivaldo RETROACTED to the date of the filing of his
shall govern our people and our country or a unit of application.” In said case, the repatriation of Frivaldo
territory thereof. Now, an official begins to govern or to was by virtue of Presidential Decree No. 725, which
discharge his functions only upon his proclamation and on took effect on June 5, 1975. The Court therein declared
the day the law mandates his term of office to begin. Since that Presidential Decree No. 725 was a curative
Frivaldo reassumed his citizenship on June 30, 1995—the statute, which is retroactive in nature. The
very day the term of office of governor (and other elective retroactivity of Frivaldo’s repatriation to the date of
officials) began—he was therefore already qualified to be filing of his application was justified by the Court,
proclaimed, to hold such office and to discharge the thus:
functions and responsibilities thereof as of said date. In x x x
short, at that time, he was already qualified to govern his . . . The reason for this is simply that if, as in this case, it
native Sorsogon. This is the liberal interpretation that was the intent of the legislative authority that the law
should give spirit, life and meaning to our law on
should apply to past events—i.e., situations and
qualifications consistent with the purpose for which such
law was enacted. x x x Paraphrasing this Court’s ruling transactions existing even before the law came into being—
in order to benefit the greatest number of former Filipinos
in Vasquez v. Giap and Li Seng Giap & Sons, if the purpose
possible thereby enabling them to enjoy and exercise the
of the citizenship requirement is to ensure that our people
constitutionally guaranteed right of citizenship, and such
and country do not end up being governed by
legislative intention is to be given the fullest effect and
aliens, i.e., persons owing allegiance to another nation, that
expression, then there is all the more reason to have the law
aim or purpose would not be thwarted but instead
apply in a retroactive or retrospective manner to situations,
achieved by construing the citizenshipqualification as
events and transactions subsequent to the passage of such
applying to the time of proclamation of the
law. That is, the repatriation granted to Frivaldo x x x can
669 and should be made to take effect as of date of his
VOL. 441, NOVEMBER 10, 2004 669 application. As earlier mentioned, there is nothing in the
Altarejos vs. Commission on Elections law that would bar this or would show a contrary intention
on the part of the legislative authority; and there is no
showing that damage or prejudice to anyone, or anything Commission on Elections that repatriation retroacts to
unjust or injurious would result from giving retroactivity to the date of filing of one’s application for repatriation
his repatriation. Neither has Lee shown that there will
subsists for the same reasons quoted above.
result the impairment of any contractual obligation,
Accordingly, petitioner’s repatriation retroacted to
disturbance of any vested right or breach of some
constitutional guaranty.
the date he filed his application in 1997. Petitioner
x x x was, therefore, qualified to run for a mayoralty
Another argument for retroactivity to the date of filing is position in the government in the May 10, 2004
that it would prevent prejudice to applicants. If P.D. 725 elections. Apparently, the COMELEC was cognizant of
were not to be given retroactive effect, and the Special this fact since it did not implement the assailed
Committee decides not to Resolutions disqualifying petitioner to run as mayor of
_______________ San Jacinto, Masbate.
16
Id., at pp. 748749.
Second Issue: Whether or not the COMELEC en
banc gravely abused its discretion in affirming
670
the Resolution of the COMELEC, First Division?
670 SUPREME COURT REPORTS ANNOTATED
Altarejos vs. Commission on Elections The Court cannot fault the COMELEC en banc for
act, i.e., to delay the processing of applications for any affirming the decision of the COMELEC, First
substantial length of time, then the former Filipinos who Division, considering that petitioner failed to prove
may be stateless, as Frivaldo—having already renounced before the COMELEC that he had complied with the
his American citizenship—was, may be prejudiced for requirements of repatriation. Petitioner submitted the
causes outside their control. This should not be. In case of necessary documents proving compliance with the
doubt in the interpretation or application of laws, it is to be requirements of repatriation only during his motion for
presumed that the lawmaking body intended right and reconsideration, when the COMELEC en banc could no
justice to prevail. 17
_______________
Id., at pp. 754756.
17
independent Constitutional Commission, it is clothed with 46
qualifications for the office he seeks.
_______________
SPECIAL CIVIL ACTION in the Supreme Court. Annex “E”, Petition, Rollo, p. 73.
1
Certiorari. 48
48 SUPREME COURT REPORTS ANNOTATED
The facts are stated in the opinion of the Court. Cipriano vs. Commission on Elections
(Darill) Roque A. Amante, Jr. for petitioner.
The Solicitor General for respondents. On the date of the elections, July 15, 2002, the
COMELEC issued Resolution No. 5363 adopting the
recommendation of the Commission’s Law Department
to deny due course to or cancel the certificates of
PUNO, J.: candidacy of several candidates for the SK elections,
including petitioners. The ruling was based on the
findings of the Law Department that petitioner and all
May the Commission on Elections (COMELEC), on
the other candidates affected by said resolution were
its own, in the exercise of its power to enforce and
administer election laws, look into the qualifications of
not registered voters in the barangay where they that has authority to decide electionrelated cases,
intended to run. 2 including preproclamation controversies. Finally, she
Petitioner, nonetheless, was allowed to vote in the contended that she may only be removed by a petition
July 15 SK elections and her name was not deleted for quo warranto after her proclamation as duly
from the official list of candidates. After the elected SK Chairman. 5
oath of office on August 14, 2002. 4 Annex “F”, Petition, Rollo, p. 74.
3
Annex “G”, Petition, Rollo, p. 75.
4
qualifications of a candidate. 50
Further, Election Officers are mandated to report by 50 SUPREME COURT REPORTS ANNOTATED
registered mail and by rush telegram to the Law Cipriano vs. Commission on Elections
Department of this Commission the names of candidates Election Code either personally or through a duly
who are not registered voters in the place where they seek authorized representative within five (5) days from
to run for public office within three (3) days from the last
the last day for filing of certificate of candidacy
day for filing of certificates of candidacy. The names of
directly with the Office of the Provincial Election
these candidates, however, shall still be included in the
certified lists of candidates until the Commission directs Supervisor or with the Office of the Election Officer
otherwise. concerned.
By virtue of the said report, the Law Department makes Hence, as long as the Election Officer reported the
a recommendation to the Commission En Banc, and the alleged ineligibility in accordance with COMELEC
latter, by virtue of an En Banc Resolution either gives due Resolution No. 4801, or the petition to deny due
course to or denies/cancels the certificates of candidacy of course to or cancel a certificate of candidacy was filed
the said candidates. within the reglementary period, the fact that the
Verily, the administrative inquiry of the Commission on Resolution of this Commission, denying due course to
the eligibility of candidates starts from the time they filed or canceling the certificate of candidacy of an
their certificates of candidacy. The candidates, by virtue of ineligible candidate, was not promulgated or did not
the publication of COMELEC Resolution No. 4801 on May arrive prior to or on the day of the elections is
25, 2002 in the Manila Standard and Manila Bulletin are
therefore of no moment. The proclamation of an
deemed to have constructive notice of the said
ineligible candidate is not a bar to the exercise of this
administrative inquiry. Thus, the Commission, by virtue of
Commission’s power to implement the said Resolution
its administrative powers, may motu proprio deny/cancel
the certificates of candidacy of candidates who are found to of the Commission En Banc because it already
be not registered voters in the place where they seek to run acquired the jurisdiction to determine the ineligibility
for public office. of the candidates who filed their certificates of
Any registered candidate for the same office may also candidacy even before elections by virtue of either the
file a verified petition to deny due course to or cancel a report of the Election Officer or the petition to deny
certificate of candidacy pursuant to Section 69 (nuisance due course to or cancel the certificate of candidacy
candidate) or Sec. 78 (material misrepresentation in the filed against them.
certificate of candidacy) of the Omnibus
On the matter of petitions for disqualification, the
provisions of COMELEC Resolution No. 4801 are
likewise clear: (1) ‘A verified petition to disqualify a VOL. 436, AUGUST 10, 2004 51
candidate on the ground of ineligibility or under Cipriano vs. Commission on Elections
Section 68 of the Omnibus Election Code may be filed Thus, the Commission ruled:
at anytime before proclamationof the winning Premises considered, the Commission, RESOLVED, as it
candidate by any registered voter or any candidate for hereby RESOLVES, to establish a policy as follows:
the same office,’ (2) ‘All disqualification cases filed on ON PROCLAIMED CANDIDATES FOUND TO BE
the ground of ineligibility shall survive, although the INELIGIBLE FOR BEING NOT REGISTERED VOTERS
IN THE PLACE WHERE THEY WERE ELECTED.
candidate has already been proclaimed.’
Clearly, by virtue of the abovequoted provisions,
1. (a)For a proclaimed candidate whose certificate of
the proclamation of a candidate who is found to be
candidacy was denied due course to or cancelled by
disqualified is also not a bar to the Commission’s
power to order a proclaimed candidate to cease and virtue of a Resolution of the Commission En Banc
desist from taking his oath of office or from assuming albeit such Resolution did not arrive on time.
the position to which he was elected.
By way of contrast, in case of proclaimed 1. 1.To DIRECT the Election Officers concerned to
candidates who were found to be ineligible only after implement the resolution of the Commission
they were elected and proclaimed, the provisions of deleting the name of the candidate whose
Section 253 of the Omnibus Election Code are clear: certificate of candidacy was denied due course;
The remedy of losing candidates is to file a petition
for quo warranto before the metropolitan or municipal 2. 2.To DIRECT the candidate whose name was
trial court. This is logical—The Commission did not ordered deleted to cease and desist from taking his
acquire jurisdiction over these proclaimed candidates oath of office or from assuming the position to
which he was elected, unless a temporary
prior to election (i.e., There was no report from the
restraining order was issued by the Supreme Court;
Election Officer regarding their ineligibility and no
and
petition to deny due course to or cancel certificate of
candidacy and/or petition for disqualification was
3. 3.To RECONVENE the Board of Canvassers for the
filed against them.) Thus, the Commission has no
purpose of proclaiming the dulyelected candidates
jurisdiction to annul their proclamation on the ground
and correcting the Certificate of Canvass of
of ineligibility, except in cases wherein the
Proclamation. 7
53
referendum and recall.” As an independent
10
which the Commission is required to enforce and
Constitutional Commission, it is clothed with the three administer. The Constitution has also vested it with
12
Sec. 2 (2), Article IX C, 1087 Constitution.
13
process. Due process demands prior notice and
Abcede vs. Hon. Imperial, 103 Phil. 136 (1958).
14 hearing. Then after the hearing, it is also necessary
55 that the tribunal shows substantial evidence to
VOL. 436, AUGUST 10, 2004 55 support its ruling. In other words, due process requires
Cipriano vs. Commission on Elections that a party be given an opportunity to adduce his
not go into matters not appearing on their face. The evidence to support his side of the case and that the
question of eligibility or ineligibility of a candidate is evidence should be considered in the adjudication of
thus beyond the usual and proper cognizance of said the case. In a petition to deny due course to or cancel
16
body. 15
a certificate of candidacy, since the proceedings are
Nonetheless, Section 78 of the Omnibus Election required to be summary, the parties may, after due
Code allows any person to file before the COMELEC a notice, be required to submit their position papers
petition to deny due course to or cancel a certificate of together with affidavits, counteraffidavits, and other
documentary evidence in lieu of oral testimony. When The determination whether a material
there is a need for clarification of certain matters, at representation in the certificate of candidacy is false or
the discretion of the Commission en banc or Division, not, or the determination whether a candidate is
the parties may be allowed to crossexamine the eligible for the position he is seeking involves a
affiants. 17
determination of fact where both parties must be
allowed to adduce evidence in support of their
_______________ contentions. Because the resolution of such fact may
result to a deprivation of one’s right to run for public
Sanchez vs. Del Rosario, 111 Phil. 733; 1 SCRA 1102 (1961).
15
November 28, 2003, 416 SCRA 650. concerned be notified of the proceedings against him
56 and that he be given the opportunity to refute the
56 SUPREME COURT REPORTS ANNOTATED allegations against him. It should be stressed that it is
Cipriano vs. Commission on Elections not sufficient, as the COMELEC claims, that the
candidate be notified of the Commission’s inquiry into
Contrary to the submission of the COMELEC, the the veracity of the contents of his certificate of
denial of due course or cancellation of one’s certificate candidacy, but he must also be allowed to present his
of candidacy is not within the administrative powers of own evidence to prove that he possesses the
the Commission, but rather calls for the exercise of its qualifications for the office he seeks.
quasijudicial functions. Administrative power is In view of the foregoing discussion, we rule that
concerned with the work of applying policies and Resolution No. 5363 and Resolution No. 5781,
enforcing orders as determined by proper canceling petitioner’s certificate of candidacy without
governmental organs. We have earlier enumerated
18
proper proceedings, are tainted with grave abuse of
the scope of the Commission’s administrative discretion and therefore void.
functions. On the other hand, where a power rests in We need not rule on the question raised by
judgment or discretion, so that it is of judicial nature petitioner as regards the constitutionality of Sections 6
or character, but does not involve the exercise of and 7 of Republic Act No. 9164 lowering the age of
functions of a judge, or is conferred upon an officer membership in the SK as it is not the lis mota of this
other than a judicial officer, it is deemed quasi case.
judicial. 19
IN VIEW WHEREOF, COMELEC Resolution No. © Copyright 2019 Central Book Supply, Inc. All rights reserved.
5363 promulgated on July 15, 2002 and COMELEC
Resolution No. 5781 issued on October 7, 2002 are
hereby SET ASIDE.
_______________
Ople vs. Torres, 293 SCRA 150 (1998).
18
Sandoval vs. Commission on Elections, supra.
19
57
VOL. 436, AUGUST 11, 2004 57
Barbuco vs. Beltran
SO ORDERED.
Davide,
Jr. (C.J)., Panganiban, Quisumbing, YnaresSantiago,
Carpio, AustriaMartinez, Corona, CarpioMorales,
Callejo, Sr., Azcuna, Tinga and ChicoNazario,
JJ., concur.
SandovalGutierrez, J., On Leave.
COMELEC Resolution No. 5363 and COMELEC
Resolution No. 5781 set aside.
Note.—Proceedings for denial or cancellation of a
certificate of candidacy are summary in nature.
(Coquilla vs. Commission on Elections, 385 SCRA
607 [2002])
——o0o——
98 SUPREME COURT REPORTS ANNOTATED academic, there is no justiciable controversy, thereby
Albaña vs. Commission on Elections rendering the resolution of the same of no practical use or
G.R. No. 163302. July 23, 2004. * value. Nonetheless, courts will decide a question otherwise
ROBERTO ALBAÑA, KATHERINE BELO, moot and academic if it is capable of repetition, yet evading
review. In this case, we find it necessary to resolve the
GENEROSO DERRAMAS, VICENTE DURAN,
issues raised in the petition in order to prevent a repetition
RICARDO ARAQUE, LILIA ARANAS, MERLINDA
thereof and, thus, enhance free, orderly, and peaceful
DEGALA, GABRIEL ARANAS, ERNESTO BITOON elections. For this reason, we resolve to grant the petition.
AND JUVIC DESLATE, Same; Disqualification Cases; The COMELEC is
petitioners, vs. COMMISSION ON ELECTIONS, PIO mandated to dismiss a complaint for disqualification of a
JUDE S. BELO, RODOLFO DEOCAMPO AND candidate who has been charged with an election offense but
LORENCITO B. DIAZ, respondents.
who has already been proclaimed as winner by the Board of
Election Law; Moot and Academic Questions; “Capable
Canvassers.—Section 2 of COMELEC Resolution No. 2050
of Repetition Yet Evading Review” Rule; The expiration of is as clear as day: the COMELEC is mandated to dismiss a
the challenged term of the offices renders the corresponding complaint for the disqualification of a candidate who has
petition for the nullification of the COMELEC resolutions been charged with an election offense but who has already
and the proclamation of winning candidates moot and been proclaimed as winner by the Municipal Board of
academic; Court will decide a question otherwise moot and Canvassers. COMELEC Resolution No. 2050 specifically
mandates a definite policy and procedure for
academic if it is capable of repetition yet evading review.—
disqualification cases; hence, should be applied and given
On the first issue, we agree with the COMELEC that the
effect.
petition for the nullification of its October 21, 2003 and May
5, 2004 Resolutions and the proclamation of the private _______________
respondents on June 10, 2004 was mooted by the election
and proclamation of a new set of municipal officials after EN BANC.
*
99
the May 10, 2004 elections. In fact, the records show that
petitioner Katherine Belo was elected as Mayor, petitioner VOL. 435, JULY 23, 2004 99
Generoso Derramas as ViceMayor, and petitioners Ricardo Albaña vs. Commission on Elections
Araque and Ernesto Bitoon as members of the Same; Same; If the COMELEC finds that there is
Sangguniang Bayan. The expiration of the challenged term probable cause, it shall order its Law Department to file the
of the offices renders the corresponding petition moot and appropriate Information with the Regional Trial Court
academic. Where the issues have become moot and
(RTC) which has territorial jurisdiction over the offense, but
shall, nonetheless, order the dismissal of the complaint for to be declared elected—a minority or defeated candidate
disqualification, without prejudice to the outcome of the cannot be deemed elected to the office.—The COMELEC,
criminal case.—It bears stressing that Resolution No. 2050 likewise, committed a grave abuse of its discretion when it
was approved precisely because of the variance in opinions ordered the Municipal Election Officers to convene a new
of the members of the respondent COMELEC on matters of Board of Canvassers and proclaim the winners after the
procedure in dealing with and evaluating cases for petitioners were declared disqualified. It is wellsettled that
disqualification filed under Section 68 of the Omnibus the ineligibility of a candidate receiving majority votes does
Election Code in relation to Section 6 of Rep. Act No. 6646. not entitle the eligible candidate receiving the next highest
Under the said resolution, if a complaint is filed with the number of votes to be declared elected. A minority or
COMELEC against a candidate who has already been defeated candidate cannot be deemed elected to the office.
proclaimed winner, charging an election offense under The votes intended for the disqualified candidate should not
Section 261 of the Omnibus Election Code, as amended by be considered null and void, as it would amount to
Rep. Act Nos. 6646 and 8436, and praying for the disenfranchising the electorate in whom sovereignty
disqualification of the said candidate, the COMELEC shall resides. As we held in Reyes vs. Commission on Elections:
determine the existence of probable cause for the filing of To simplistically assume that the second placer would have
an Information against the candidate for the election received the other votes would be to substitute our
offense charged. However, if the COMELEC finds no judgment for the mind of the voter. The second placer is
probable cause, it is mandated to dismiss the complaint for just that, a second placer. He lost the elections. He was
the disqualification of the candidate. If the COMELEC finds repudiated by either a majority or plurality of voters. He
that there is probable cause, it shall order its Law could not be considered the first among qualified candidates
Department to file the appropriate Information with the because in a field which excludes the disqualified candi
Regional Trial Court (RTC) which has territorial 100
jurisdiction over the offense, but shall, nonetheless, order 100 SUPREME COURT REPORTS ANNOTATED
the dismissal of the complaint for disqualification, without Albaña vs. Commission on Elections
prejudice to the outcome of the criminal case. If the trial date, the conditions would have substantially changed.
court finds the accused guilty beyond reasonable doubt of We are not prepared to extrapolate the results under the
the offense charged, it shall also order his disqualification circumstances.
pursuant to Section 264 of the Omnibus Election Code, as
amended by Section 46 of Rep. Act No. 8189. SPECIAL CIVIL ACTION in the Supreme Court.
Same; Same; It is wellsettled that the ineligibility of a Certiorari and Prohibition.
candidate receiving majority votes does not entitle the
The facts are stated in the opinion of the Court.
eligible candidate receiving the next highest number of votes
Sixto S. Brillantes, Jr. for petitioners. 4. (d)Vicente Duran—Member of the SB
CALLEJO, SR., J.: 5. (e)Ricardo Araque—Member of the SB
Before us is a Petition for Certiorari and Prohibition 6. (f)Lilia Aranas—Member of the SB
for the nullification of the Resolution of the
7. (g)Merlinda Degala—Member of the SB
Commission on Elections (COMELEC), First Division,
dated October 21, 2003 annulling the proclamation of 8. (h)Gabriel Aranas—Member of the SB
the petitioners as the dulyelected municipal officials
of Panitan, Capiz, during the May 14, 2001 elections, 9. (i)Ernesto Bitoon—Member of the SB
and the Resolution of the COMELEC En Banc dated
May 5, 2004, denying their motion for reconsideration. 101
The petitioners aver that the public respondent VOL. 435, JULY 23, 2004 101
committed grave abuse of discretion amounting to lack Albaña vs. Commission on Elections
or excess of jurisdiction in issuing the assailed
1. (j)Juvic Deslate—Member of the SB 1
resolutions.
The Antecedents On June 23, 2001, the private respondents filed a
During the May 14, 2001 elections, the petitioners and complaint against the petitioners with the COMELEC
private respondents ran for the positions of Mayor, Law Department, alleging that the latter committed
ViceMayor and Members of the Sangguniang acts of terrorism punishable by Section 261(e) of the 2
Bayan in the Municipality of Panitan, Capiz. On May Omnibus Election Code, and engaged in votebuying,
18, 2001, the petitioners were duly elected and punishable under Section 261(a) of the Omnibus
3
said Code, and Section
2. (b)Katherine Belo—ViceMayor
_______________
3. (c)Generoso Derramas—Member of the
Sang[g]uniang Bayan (SB) Rollo, p. 131.
1
Sec. 261. Prohibited Acts.—The following shall be guilty of an
2
6 of Republic Act No. 6646. The case was docketed as
5
election offense: Election Offense Case No. 01111.
. . .
(e) Threats, intimidation, terrorism, use of fraudulent device or other
The Law Department of the COMELEC found
forms of coercion.—Any person who, directly or indirectly, threatens, a prima facie case and issued a Resolution on January
intimidates or actually causes, inflicts or produces any violence, injury,
15, 2002, recommending the filing of an Information
punishment, damage, loss or disadvantage upon any person or persons or
that of the immediate members of his family, his honor or property, or uses against the petitioners for violation of Section 261(e) of
any fraudulent device or scheme to compel or induce the registration or the Omnibus Election Code, in relation to Section 28 of
refraining from registration of any voter, or the participation in a campaign
or refraining or desistance from any campaign, or the casting of any vote or Republic Act No. 6648. It, likewise, recommended the
omission to vote, or any promise of such registration, campaign, vote or disqualification of all the petitioners from further
omission therefrom.
holding office, and the reconvening of the Municipal
The provisions reads, thus:
3
(a) Votebuying and voteselling.— Board of Canvassers (MBC) in order to proclaim the
qualified candidates who obtained the highest number
1. (1)Any person who gives, offers or promises money or anything of of votes. 6
court guilty of, or found by the Commission of having (a) given
protest in which he is a party is declared by final decision of a
money or other material consideration to influence, induce or corrupt
competent
the voters or public officials performing electoral functions; (b)
102
committed acts of terrorism to enhance his candidacy; (c) spent in his
102 SUPREME COURT REPORTS ANNOTATED election campaign an amount in excess of that allowed by this Code;
Albaña vs. Commission on Elections (d) solicited, received or made any contribution prohibited under
Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83,
85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall
be disqualified from continuing as a candidate, or if he has been
The petitioners filed a motion for
elected, from holding the office. Any person who is a permanent
reconsideration thereon, alleging that the COMELEC
8
resident of or an immigrant to a foreign country shall not be qualified
did not make any findings of fact in its resolution, and
to run for any elective office under this Code, unless said person has
that there was even no disquisition as to the merits of
waived his status as a permanent resident or immigrant of a foreign
country in accordance with the residence requirement provided for in
the affidavits of their witnesses and the evidence
the election laws.
presented by them. The petitioners also alleged that
5
Sec. 6. Effect of Disqualification Case.—Any candidate who has
the COMELEC erred in ordering the docketing of the
been declared by final judgment to be disqualified shall not be voted
electoral aspect of the complaint, in light of Section 2
for, and the votes cast for him shall not be counted. If, for any reason,
of COMELEC Resolution No. 2050.
a candidate is not declared by final judgment before an election to be
disqualified and he is voted for and receives the winning number of
On June 3, 2003, the COMELEC issued a
votes in such election, the Court or Commission shall continue with
Resolution denying the said motion for lack of merit
the trial and hearing of the action, inquiry or protest and, upon
9
and for having been filed out of time. The Clerk of the
motion of the complainant or any intervenor, may during the
pendency thereof order the suspension of the proclamation of such
Commission docketed the disqualification case against
candidate whenever the evidence of his guilt is strong.
the petitioners as SPA No. 03006.
6
Id., at p. 29.
103
On October 21, 2003, the COMELEC First Division
VOL. 435, JULY 23, 2004 103 rendered the assailed resolution in SPA No. 03006
Albaña vs. Commission on Elections annulling the petitioners’ proclamation on the ground
IN VIEW OF THE FOREGOING, We DIRECT the LAW that they violated Section 261(a) and (e) of the
DEPARTMENT to FILE THE NECESSARY Omnibus Election Code, and directing the election
INFORMATION against ROBERTO ALBAÑA, officer of Panitan to constitute a new municipal board
KATHERINE BELO, GENEROSO DERRAMAS, VICENTE of canvassers, thus:
DURAN, RICARDO ARAQUE, LILIA ARANAS, “WHEREFORE, in view of the foregoing, the proclamation
MERLINDA DEGALA, GABRIEL ARANAS, ERNESTO of respondents Roberto Albaña, Katherine Belo, Generoso
BITOON and JUVIC DESLATE before a court of Derramas, Vicente Duran, Ricardo Araque, Lilia Aranas,
competent jurisdiction. Merlinda Degala, Gabriel Aranas, Ernesto Bitoon and
The Clerk of the Commission is likewise directed to Juvic Deslate as Mayor, ViceMayor and members of the
docket the electoral aspect of the complaint as a Sangguniang Bayan of Panitan, Capiz, are hereby annulled
disqualification case and immediately assign the same to a on the ground that they committed election offenses as
division which shall resolve the case on the basis of the provided for under Section 261 (a) of the Omnibus Election
recommendation of the Law Department. 7
Code in relation to Section 28 of RA 6646 and Section 261
(e) of the same Code in relation to Section 68 thereof. The
Election Officer of the municipality of Panitan is hereby resolutions on the ground that decisions on election
directed to constitute a new Municipal Board of Canvassers contests rendered by the COMELEC may be executed
which shall disregard the votes garnered by the pending appeal for good reasons. They contended that
respondents, prepare a new Certificate of Canvass on the a good reason existed in this case, considering that
_______________ their terms of office were about to expire. 12
The Present Petition
7
Id. On May 13, 2004, the petitioners filed this Petition for
Id., at p. 56.
Certiorari and Prohibition with Application for a
8
9
Id., at p. 63.
104
Temporary Restraining Order (TRO) or a Writ of
104 SUPREME COURT REPORTS ANNOTATED Preliminary Injunction seeking to nullify the two
Albaña vs. Commission on Elections Resolutions dated October 21, 2003 and May 5, 2004.
basis of the votes of the candidates for the position held by Since the Court did not issue a temporary restraining
the respondents to the exclusion of the latter and order, the COMELEC declared the assailed
immediately, proclaim the winners. Resolutions as final and executory and directed the
SO ORDERED.” 10
Regional Election Director to implement the same in
The petitioners’ motion for reconsideration and an Order dated May 27, 2004. 13
supplement to the motion for reconsideration were On June 1, 2004, the Municipal Election Officer
denied by the COMELEC En Banc in the Resolution of issued a Notice to the Members of the Municipal Board
May 5, 2004, declaring that the disqualification case of Canvassers informing them that the Board shall
was the result of the findings of the Commission En convene on June 8, 2004. On June 10, 2004, the
14
Municipal Board of Canvassers proclaimed the private
Banc. It also held that as an aftermath of petitioners’
violation of Section 261(e) in relation to Section 68 of _______________
the Omnibus Election Code, they are considered
disqualified candidates and, therefore, the votes they Id., at p. 35.
10
Id., at p. 158.
13
separate dissenting opinions.
Id., at p. 169.
14
On the same day, the private respondents moved for 105
the execution pending appeal of the assailed VOL. 435, JULY 23, 2004 105
Albaña vs. Commission on Elections value. Nonetheless, courts will decide a question
17
respondents as the winners in the May 14, 2001 otherwise moot and academic if it is capable of
elections, with Pio Jude S. Belo as Mayor, Rodolfo repetition, yet evading review. In this case, we find it
18
Deocampo as ViceMayor and Lorencito B. Diaz as a necessary to resolve the issues raised in the petition in
Member of the Sangguniang Bayan. 15 order to prevent a repetition thereof and, thus,
The threshold issues raised by the parties in this enhance free, orderly, and peaceful elections. For this
case are the following: (a) whether the petition was reason, we resolve to grant the petition.
mooted by the election and proclamation of the new set On the second issue, the petitioners aver that since
of municipal officials after the May 10, 2004 elections; they were already proclaimed the dulyelected
and, (b) if in the negative, whether the COMELEC municipal officials of Panitan, Capiz, on May 18, 2001,
committed a grave abuse of discretion amounting to the COMELEC should have dismissed the complaint
excess or lack of jurisdiction in issuing the assailed for their disqualification which the private
resolutions. respondents filed only on June 23, 2001, more than a
The Ruling of the Court month after such procla
On the first issue, we agree with the COMELEC that
_______________
the petition for the nullification of its October 21, 2003
and May 5, 2004 Resolutions and the proclamation of Id., at p. 178.
15
the private respondents on June 10, 2004 was mooted Trinidad vs. Commission on Elections, 315 SCRA 175 (1999).
16
fact, the records show that petitioner Katherine Belo 163193, 15 June 2004, 432 SCRA 269.
106
was elected as Mayor, petitioner Generoso Derramas
106 SUPREME COURT REPORTS ANNOTATED
as ViceMayor, and petitioners Ricardo Araque and
Albaña vs. Commission on Elections
Ernesto Bitoon as members of the Sangguniang
mation. They aver that such dismissal was mandated
Bayan. The expiration of the challenged term of the
by Section 2 of COMELEC Resolution No. 2050,
offices renders the corresponding petition moot and
adopted on November 3, 1988, which reads:
academic. 16
the criminal case is pending and the said court may order 107
the suspension of the proclamation if the evidence of guilt is VOL. 435, JULY 23, 2004 107
strong. (Emphasis supplied) Albaña vs. Commission on Elections
The petitioners cite the ruling of this Court specifically mandates a definite policy and procedure
in Bagatsing vs. COMELEC, and the dissenting
19 for disqualification cases; hence, should be applied
20
for preliminary investigation. . . . Supra.
21
. . . Id., at pp. 828830.
22
against private respondent in the case at bar was lodged on See Webb vs. De Leon, 247 SCRA 652 (1995).
24
May 18, 1998 or seven (7) days after the 1998 elections. 108
Pursuant to paragraph 2 of Resolution No. 2050, the 108 SUPREME COURT REPORTS ANNOTATED
complaint shall be dismissed as a disqualification case and Albaña vs. Commission on Elections
shall be referred for preliminary investigation to the Law offense charged. However, if the COMELEC finds no
Department of the COMELEC. Under this scenario, the probable cause, it is mandated to dismiss the
complaint for disqualification is filed after the election complaint for the disqualification of the candidate.
which may be either before or after the proclamation of the If the COMELEC finds that there is probable cause,
respondent candidate. 22
offense charged, it shall also order his disqualification
Under the said resolution, if a complaint is filed
pursuant to Section 264 of the Omnibus Election Code,
with the COMELEC against a candidate who has
as amended by Section 46 of Rep. Act No. 8189 which
already been proclaimed winner, charging an election
reads:
offense under Section 261 of the Omnibus Election
SEC. 46. Penalties.—Any person found guilty of any
Code, as amended by Rep. Act Nos. 6646 and 8436,
Election offense under this Act shall be punished with
and praying for the disqualification of the said imprisonment of not less than one (1) year but not more
candidate, the COMELEC shall determine the than six (6) years and shall not be subject to probation. In
existence of probable cause for the filing of an
24
addition, the guilty party shall be sentenced to suffer
Information against the candidate for the election disqualification to hold public office and deprivation of the
right of suffrage. If he is a foreigner, he shall be deported
_______________
after the prison term has been served. Any political party
found guilty shall be sentenced to pay a fine not less One Capiz, their supposed disqualification should be
hundred thousand pesos (P100,000.00) but not more than adjudged by the latter court and not by the
Five hundred thousand pesos (P500,000.00). COMELEC.”
In this case, the petitioners were proclaimed winners The COMELEC, likewise, committed a grave abuse
on May 18, 2001. The private respondents filed their of its discretion when it ordered the Municipal Election
complaint for violation of Section 216(a) and (e) of the Officers to convene a new Board of Canvassers and
Omnibus Election Code and for the disqualification of proclaim the winners after the petitioners were
the petitioners only on June 23, 2001. The COMELEC declared disqualified.
found probable cause against the respondents for the It is wellsettled that the ineligibility of a candidate
offense charged and directed its Law Department to receiving majority votes does not entitle the eligible
file the appropriate Information against the candidate receiving the next highest number of votes
petitioners. Patently then, the COMELEC committed a to be declared elected. A minority or defeated
grave abuse of its discretion amounting to excess or candidate cannot be deemed elected to the office. The
lack of jurisdiction in issuing its assailed resolutions votes intended for the disqualified candidate should
disqualifying the petitioners from the positions they not be considered null and void, as it would amount to
were respectively elected, in defiance of Resolution No. disenfranchising the electorate in whom sovereignty
2050. resides. As we held in Reyes vs. Commission on
25
The plaint of the Office of the Solicitor General, that
Elections: 26
the petitioners filed their petition merely and solely to
To simplistically assume that the second placer would have
eschew criminal prosecution for violation of Section
received the other votes would be to substitute our
216(a) and (e) of the Omnibus Election Code, as judgment for the mind of the voter. The second placer is
amended, has no factual basis. In fact, the petitioners just that, a second placer. He lost the elections. He was
stated in their petition that “inasmuch as the repudiated by either a majority or plurality of voters. He
COMELEC had already directed the prosecution of the could not be considered the first among qualified candidates
herein petitioners in a criminal case which is now because in a field which excludes the disqualified candidate,
pending in the Regional Trial Court of the conditions would have substantially changed. We are
109 not prepared to extrapolate the results under the
VOL. 435, JULY 23, 2004 109 circumstances. 27
Labo, Jr. vs. Commission on Elections, 211 SCRA 297 (1992).
25
254 SCRA 514 (1996).
26
Id., at p. 529.
27
110
110 SUPREME COURT REPORTS ANNOTATED
Globe Telecom, Inc. vs. National Telecommunications
Commission
Corona, J., On Leave.
Petition granted.
Notes.—The second placer is just that, a second
placer—he lost the elections, he was repudiated by
either a majority or plurality of voters—he could not be
proclaimed winner as he could not be considered the
VOL. 391, NOVEMBER 12, 2002 457 PRA members, we ruled that—“Needless to state, the issue
Socrates vs. Commission on Elections of propriety of the notices sent to the PRA members is
G.R. No. 154512. November 12, 2002. * factual in nature, and the determination of the same is
VICTORINO DENNIS M. SOCRATES, Mayor of therefore a function of the COMELEC. In the absence of
patent error, or serious inconsistencies in the findings, the
Puerto Princesa City, petitioner, vs. THE Court should not disturb the same. The factual findings of
COMMISSION ON ELECTIONS, THE the COMELEC, based on its own assessments and duly
PREPARATORY RECALL ASSEMBLY (PRA) of supported by gathered evidence, are conclusive upon the
Puerto Princesa City, PRA Interim Chairman Punong court, more so, in the absence of a substantiated attack on
Bgy. MARK DAVID HAGEDORN, PRA Interim the validity of the same.” In the instant case, we do not find
Secretary Punong Bgy. BENJAMIN JARILLA, PRA any valid reason to hold that the COMELEC’s findings of
Chairman and Presiding Officer Punong Bgy. EARL S. fact are patently erroneous.
BUENVIAJE and PRA Secretary Punong Bgy.
_______________
CARLOS ABALLA, JR., respondents.
G.R. No. 154683. November 12, 2002. * EN BANC.
*
458
VICENTE S. SANDOVAL, JR., petitioner, vs. THE
458 SUPREME COURT REPORTS ANNOTATED
COMMISSION ON ELECTIONS, respondent.
Socrates vs. Commission on Elections
G.R. Nos. 15508384. November 12, 2002. *
_______________
Petitioner Vicente S. Sandoval, Jr. seeks to annul
COMELEC Resolution No. 5673 dated August 21, 2002
With Mehol K. Sadain as Presiding Commissioner and
4
insofar as it fixed the recall election on September 7,
Luzviminda G. Tancangco and Resurreccion Z. Borra as 2002, giving the candidates only a tenday campaign
Commissioners.
462 period. He prayed that the COMELEC be enjoined
462 SUPREME COURT REPORTS ANNOTATED from holding the recall election on September 7, 2002
Socrates vs. Commission on Elections and that a new date be fixed giving the candidates at
G.R. No. 154512 least an additional 15 days to campaign.
In a resolution dated September 3, 2002, the
Petitioner Socrates seeks to nullify the COMELEC en Court en banc enjoined the COMELEC from
banc resolution dated August 14, 2002 in E.M. No. 02 implementing Resolution No. 5673 insofar as it fixed
010 (RC) which gave due course to the Recall the date of the recall election on September 7, 2002.
Resolution and scheduled the recall election on The Court directed the COMELEC to give the
September 7, 2002. candidates an additional fifteen 15 days from
Socrates alleges that the COMELEC gravely abused September 7, 2002 within which to campaign.
its discretion in upholding the Recall Resolution. Accordingly, on September 9, 2002, the
Socrates cites the following circumstances as legal
COMELEC en banc issued Resolution No. 5708 giving
the candidates an additional 15 days from September seeking the same reliefs as those sought by Adovo, Gilo
7, 2002 within which to campaign. Thus, the and Ollave.
COMELEC reset the recall election to September 24, In the meantime, Hagedorn garnered the highest
2002. number of votes in the recall election with 20,238
463 votes. Rival candidates Socrates and Sandoval
VOL. 391, NOVEMBER 12, 2002 463 obtained 17,220 votes and 13,241 votes, respectively.
Socrates vs. Commission on Elections Hagedorn filed motions to lift the order restraining
G.R. Nos. 15508384 the COMELEC from proclaiming the winning
Petitioners Adovo, Gilo and Ollave assail the candidate and to allow him to assume office to give
COMELEC’s resolutions dated September 20, 2002 effect to the will of the electorate.
and September 23, 2002 in SPA Nos. 02492 and 02 On October, 1, 2002, the Court granted Socrates’
539 declaring Hagedorn qualified to run for mayor in motion for leave to file a petition for intervention.
the recall election. They likewise prayed for the The Issues
issuance of a temporary restraining order to enjoin the The issues for resolution of the Court are:
proclamation of the winning candidate in the recall
1. 1.In G.R. No. 154512, whether the COMELEC
election.
committed grave abuse of discretion in giving due
Petitioners argue that the COMELEC gravely course to the Recall Resolution and scheduling the
abused its discretion in upholding Hagedorn’s recall election for mayor of Puerto Princesa.
qualification to run for mayor in the recall election
despite the constitutional and statutory prohibitions 464
against a fourth consecutive term for elective local 464 SUPREME COURT REPORTS ANNOTATED
officials. Socrates vs. Commission on Elections
In a resolution dated September 24, 2002, the Court
ordered the COMELEC to desist from proclaiming any 1. 2.In G.R. Nos. 15508384, whether Hagedorn is
winning candidate in the recall election until further qualified to run for mayor in the recall election of
orders from the Court. Petitioners were required to Puerto Princesa on September 24, 2002.
post a P20,000 bond.
In G.R. No. 154683, the issue of whether the
On September 27, 2002, Socrates filed a motion for
COMELEC committed grave abuse of discretion in
leave to file an attached petition for intervention
fixing a campaign period of only 10 days has become
moot. Our Resolution of September 3, 2002 and The City Election Officer of Puerto Princesa City in her
COMELEC Resolution No. 5708 granted an additional Certification dated 10 July 2002 certified that upon a
15 days for the campaign period as prayed for by ‘thorough and careful verification of the signatures
petitioner. appearing in PRA Resolution 0102, x x x the majority of all
members of the PRA concerned approved said resolution.’
First Issue: Validity of the Recall Resolution.
She likewise certified ‘that not a single member/signatory of
Petitioner Socrates argues that the COMELEC the PRA complained or objected as to the veracity and
committed grave abuse of discretion in upholding the authenticity of their signatures.’
Recall Resolution despite the absence of notice to 130 465
PRA members and the defective service of notice to VOL. 391, NOVEMBER 12, 2002 465
other PRA members. The COMELEC, however, found Socrates vs. Commission on Elections
that— The Provincial Election Supervisor of Palawan, Atty.
“On various dates, in the month of June 2002, the Urbano Arlando, in his Indorsement dated 10 July 2002,
proponents for the Recall of incumbent City Mayor stated, upon proper review, all documents submitted are
Victorino Dennis M. Socrates sent notices of the convening found in order.’
of the PRA to the members thereof pursuant to Section 70 The Acting Director IV, Region IV, in his study dated 30
of the Local Government Code. Copies of the said notice are July 2002 submitted the following recommendations:
in Volumes I and II entitled Notices to PRA. Likewise, Proof ‘This Office, after evaluating the documents filed, finds the
of Service for each of the said notices were attached to the instant Petition sufficient in form and substance. That the PRA
Petition and marked as Annex “G” of Volumes II and III of was validly constituted and that the majority of all members
thereof approved Resolution No. 0102 calling for the recall of
the Petition.
Mayor Victorino Dennis M. Socrates.’
Notices were likewise posted in conspicuous places
x x x.”
particularly at the Barangay Hall. Photos establishing the
This Court is bound by the findings of fact of the
same were attached to the Petition and marked as Annex
COMELEC on matters within the competence and
“H”. The proponents likewise utilized the broadcast mass
media in the dissemination of the convening of the PRA. expertise of the COMELEC, unless the findings are
Notices of the convening of the Puerto Princesa PRA patently erroneous. In Malonzo v. COMELEC, which 5
were also sent to the following: [a list of 25 names of also dealt with alleged defective service of notice to
provincial elective officials, print and broadcast media PRA members, we ruled that—
practitioners, PNP officials, COMELEC city, regional and “Needless to state, the issue of propriety of the notices sent
national officials, and DILG officials]. to the PRA members is factual in nature, and the
x x x determination of the same is therefore a function of the
COMELEC. In the absence of patent error, or serious concern. Socrates, however, admits receiving notice of
inconsistencies in the findings, the Court should not disturb the PRA meeting and of even sending his
the same. The factual findings of the COMELEC, based on representative and counsel who were present during
its own assessments and duly supported by gathered the entire PRA proceedings. Proponents of the recall
evidence, are conclusive upon the court, more so, in the
election submitted to the COMELEC the Recall
absence of a substantiated attack on the validity of the
Resolution, minutes of the PRA proceedings, the
same.”
journal of the PRA assembly, attendance sheets,
In the instant case, we do not find any valid reason to
notices sent to PRA members, and authenticated
hold that the COMELEC’s findings of fact are patently
master list of barangay officials in Puerto Princesa.
erroneous.
Socrates had the right to examine and copy all these
Socrates also claims that the PRA members had no
public records in the official custody of the COMELEC.
authority to adopt the Recall Resolution on July 2,
Socrates, however, does not claim that the COMELEC
2002 because a majority of PRA members were seeking
denied him this right. There is no legal basis in
a new electoral mandate in the barangay elections
Socrates’ claim that respondents violated his
scheduled on July 15, 2002. This argument deserves
constitutional right to information on matters of public
scant consideration considering that when the PRA
concern.
members adopted the Recall Resolution their terms of
Thus, we rule that the COMELEC did not commit
office had not yet expired. They were all de
grave abuse of discretion in upholding the validity of
jure sangguniang barangay members with no legal the Recall Resolution and in scheduling the recall
disqualification to participate in the recall assembly election on September 24, 2002.
under Section 70 of the Local Government Code. Second Issue: Hagedorn’s qualification to run for
_______________ mayor in the recall election of September 24,
2002.
269 SCRA 380 (1997).
5
The threeterm limit rule for elective local officials is
466
found in Section 8, Article X of the Constitution, which
466 SUPREME COURT REPORTS ANNOTATED
states:
Socrates vs. Commission on Elections
“Section 8. The term of office of elective local officials,
Socrates bewails that the manner private respondents
except barangay officials, which shall be determined by law,
conducted the PRA proceedings violated his shall be three years and no such official shall serve for more
constitutional right to information on matters of public than three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an After three consecutive terms, an elective local
interruption in the continuity of his service for the full term official cannot seek immediate reelection for a fourth
for which he was elected.”
term. The prohibited election refers to the next regular
This threeterm limit rule is reiterated in Section 43
election for the same office following the end of the
(b) of RA No. 7160, otherwise known as the Local
third consecutive term. Any subsequent election, like a
Government Code, which provides:
recall election, is no longer covered by the prohibition
“Section 43. Term of Office.—(a) x x x
for two reasons. First, a subsequent election like a
(b) No local elective official shall serve for more than
three (3) consecutive terms in the same position. Voluntary recall election is no longer an immediate reelection
renunciation of the office for any length of time shall not be after three consecutive terms. Second, the intervening
considered as an interruption in the period constitutes an involuntary interruption in the
467 continuity of service.
VOL. 391, NOVEMBER 12, 2002 467 When the framers of the Constitution debated on
Socrates vs. Commission on Elections the term limit of elective local officials, the question
continuity of service for the full term for which the elective asked was whether there would be no further election
official was elected.” after three terms, or whether there would be “no
These constitutional and statutory provisions have two
immediate reelection” after three terms. This is clear
parts. The first part provides that an elective local
from the following deliberations of the Constitutional
official cannot serve for more than three consecutive
Commission:
terms. The clear intent is that only consecutive
“THE PRESIDENT: The Acting Floor Leader is
terms count in determining the threeterm limit rule. recognized.
The second part states that voluntary renunciation of MR. ROMULO: We are now ready to discuss the two
6
office for any length of time does not interrupt the issues, as indicated on the blackboard, and these
continuity of service. The clear intent is are Alternative No. I where there is no further
that involuntary severance from office for any length of election after a total of three terms and Alternative
time interrupts continuity of service and prevents the No. 2 where there is no immediate reelection after
service before and after the interruption from being three successive terms.” 7
the Body would proceed to the consideration of two issues THE PRESIDENT: Yes.
on the term of Representatives and local officials, namely: The SecretaryGeneral will now please proceed to count the votes.
1) Alternative No. 1 (no further reelection after a total of COUNTING OF BALLOTS
THE SECRETARYGENERAL: Madam President, we have here
three terms), and 2) Alternative No. 2 (no immediate
43 ballots cast. We will now start the counting.
reelection after three successive terms).” 8
469
The framers of the Constitution used the same “no VOL. 391, NOVEMBER 12, 2002 469
immediate reelection” question in voting for the term Socrates vs. Commission on Elections
limits of Senators and Representatives of the House.
9 10
Clearly, what the Constitution prohibits is
an immediate reelection for a fourth term following
_______________
three consecutive terms. The Constitution, however,
8
Journal of the Constitutional Commission, Vol. I, p. 420. does not prohibit a subsequent reelection for a fourth
9
“MR. ROMULO: Madam President, we are now ready to vote on term as long as the reelection is not immediately after
the question of the Senators, and the schemes are as follows: The
the end of the third consecutive term. A recall election
first scheme is, no further election after two terms; the second scheme
is, no immediate reelection after two successive terms. Madam
midway in the term following the third consecutive
President, inasmuch as the principles applicable here are the same term is a subsequent election but not an immediate
as those for the House of Representatives I move that we go directly reelection after the third term.
to the voting and forego any further discussions. Neither does the Constitution prohibit one barred
from seeking immediate reelection to run in any other
subsequent election involving the same term of office. THE PRESIDENT: The results show 17 votes for Alternative No.
I and 26 votes for Alternative No. 2; Alternative No. 2 is approved.”
What the Constitution prohibits is a consecutive fourth (Emphasis supplied) Record of the Constitutional Commission, Vol. 2,
term. The debates in the Constitutional Commission pp. 243244.
evidently show that the prohibited election referred to 11
Second paragraph of Section 4, Article VI of the Constitution.
470
by the framers of the Constitution is the immediate
470 SUPREME COURT REPORTS ANNOTATED
reelection after the third term, not any other Socrates vs. Commission on Elections
subsequent election. “GASCON: I would like to ask a question with regard
12
If the prohibition on elective local officials is applied to the issue after the second term. We will allow the
to any election within the threeyear full term Senator to rest for a period of time before he can
following the threeterm limit, then Senators should run again?
also be prohibited from running in any election within DAVIDE: That is correct.
13
/////////////////
The framers of the Constitution thus clarified that a
Alternative No. 2—no immediate reelection after three successive
terms://////////////////////////
Senator can run after only three years following his
15
succeeding term. Princesa in the 2001 elections. After Hagedorn ceased
In the case of Hagedorn, his candidacy in the recall to be mayor on June 30, 2001, he became a private
election on September 24, 2002 is not an immediate citizen until the recall election of September 24, 2002
reelection after his third consecutive term which ended when he won by 3,018 votes over his closest opponent,
on June 30, 2001. The immediate reelection that the Socrates.
Constitution barred Hagedorn from seeking referred to From June 30, 2001 until the recall election on
the regular elections in 2001. Hagedorn did not seek September 24, 2002, the mayor of Puerto Princesa was
reelection in the 2001 elections. Socrates. During the same period, Hagedorn was
simply a private citizen. This period is clearly an
_______________ interruption in the continuity of Hagedorn’s service as
Jose Luis Martin C. Gascon, Commissioner of the 1986
12
mayor, not because of his voluntary renunciation, but
Constitutional Commission. because of a legal prohibition. Hagedorn’s three
Hilario G. Davide, Jr., Commissioner of the 1986 Constitutional
13
consecutive terms ended on June 30, 2001. Hagedorn’s
Commission, and now Chief Justice of the Supreme Court. new recall term from September 24, 2002 to June 30,
Record of the Constitutional Commission, Vol. II, p. 590.
14
(1995). three consecutive terms as mayor. One cannot stitch
471 together Hagedorn’s previous threeterms with his
VOL. 391, NOVEMBER 12, 2002 471 new recall term to make the recall term a fourth
Socrates vs. Commission on Elections consecutive term because factually it is not. An
Hagedorn was elected for three consecutive terms in involuntary interruption occurred from June 30, 2001
the 1992, 1995 and 1998 elections and served in full to September 24, 2002, which broke the continuity or
his three consecutive terms as mayor of Puerto consecutive character of Hagedorn’s service as mayor.
Princesa. Under the Constitution and the Local
Government Code, Hagedorn could no longer run for
In Lonzanida v. Comelec, the Court had occasion to
17 require the interruption or hiatus to be a full term of
explain interruption of continuity of service in this three years. The clear intent is that interruption “for
manner: any length of time,” as long as the cause is involuntary,
“x x x The second sentence of the constitutional provision is sufficient to break an elective local official’s
under scrutiny states, “Voluntary renunciation of office for continuity of service.
any length of time shall not be considered as an interruption In the recent case of Adormeo v. Comelec and
in the continuity of service for the full term for which he
Talaga, a unanimous Court reiterated the rule that
18
472
the unexpired term of Tagarao from May 12, 2000 to
472 SUPREME COURT REPORTS ANNOTATED
June 30, 2001. When Talaga ran again for mayor in
Socrates vs. Commission on Elections
voluntary renunciation of office and at the same time the 2001 elections, Raymundo Adormeo, the other
respect the people’s choice and grant their elected official candidate for mayor, petitioned for Talaga’s
full service of a term is evident in this provision. Voluntary disqualification on the ground that Talaga had already
renunciation of a term does not cancel the renounced term served three consecutive terms as mayor.
in the computation of the threeterm limit; conversely, Thus, the issue in Adormeo was whether Talaga’s
involuntary severance from office for any length of time recall term was a continuation of his previous two
short of the full term provided by law amounts to an terms so that he was deemed to have already served
interruption of continuity of service. x x x.” (Emphasis three consecutive terms as mayor. The Court ruled
supplied) that Talaga was qualified to run in the 2001 elections,
In Hagedorn’s case, the nearly 15month period he was stating that the period from June 30, 1998 to May 12,
out of office, although short of a full term of three 2000 when Talaga was out of office interrupted the
years, constituted an interruption in the continuity of continuity of his service as mayor. Talaga’s recall term
his service as mayor. The Constitution does not as mayor was not consecutive to his previous two
terms because of this interruption, there having been a Talaga’s recall term was made to so retroact, then he
break of almost two years during which time Tagarao would have been disqualified to run in the 2001
was the mayor. elections because he would already have served three
consecutive terms prior to the 2001 elections. One who
_______________
wins and serves a recall term does not serve the full
G.R. No. 147927, February 4, 2002, 376 SCRA 90.
18 term of his predecessor but only the unexpired term.
473 The period of time prior to the recall term, when
VOL. 391, NOVEMBER 12, 2002 473 another elective official holds office, constitutes an
Socrates vs. Commission on Elections interruption in continuity of service. Clearly, Adormeo
We held in Adormeo that the period an elective local established the rule that the winner in the recall
official is out of office interrupts the continuity of his
election cannot be charged or credited with the full
service and prevents his recall term from being
term of three years for purposes of counting the
stitched together as a seamless continuation of his
previous two consecutive terms. In the instant case, we consecutiveness of an elective official’s terms in office.
likewise hold that the nearly 15 months Hagedorn was In the same manner, Hagedorn’s recall term does
out of office interrupted his continuity of service and not retroact to include the tenure in office of Socrates.
prevents his recall term from being stitched together Hagedorn can only be disqualified to run in the
as a seamless continuation of his previous three September 24, 2002 recall election if the recall term is
consecutive terms. The only difference made to retroact to June 30, 2001, for only then can
the recall term constitute a fourth consecutive term.
between Adormeo and the instant case is the time of
But to consider Hagedorn’s recall term as a full term of
the interruption. In Adormeo, the interruption
three years, retroacting to June 30, 2001, despite the
occurred after the first two consecutive terms. In the
fact that he won his recall term only last September
instant case, the interruption happened after the first
24, 2002, is to ignore reality. This Court cannot declare
three consecutive terms. In both cases, the
as consecutive or successive terms of office which
respondents were seeking election for a fourth term. historically and factually are not.
In Adormeo, the recall term of Talaga began only 474
from the date he assumed office after winning the 474 SUPREME COURT REPORTS ANNOTATED
recall election. Talaga’s recall term did not retroact to Socrates vs. Commission on Elections
include the tenure in office of his predecessor. If
Worse, to make Hagedorn’s recall term retroact to election serves the unexpired term of the recalled
June 30, 2001 creates a legal fiction that unduly official. This unexpired term is in itself one term for
curtails the freedom of the people to choose their purposes of counting the threeterm limit. This is clear
leaders through popular elections. The concept of term from the following discussion in the Constitutional
limits is in derogation of the sovereign will of the Commission:
people to elect the leaders of their own choosing. Term “SUAREZ: For example, a special election is called
20
continuity of service is the start of a new term Although the discussion referred to special elections
following the interruption. An official elected in recall for Senators and Representatives of the House, the
same principle applies to a recall election of local WHEREFORE, the petitions in G.R. Nos. 154512,
officials. Otherwise, an elective local official who 154683 and 15508384 are DISMISSED. The
serves a recall term can serve for more than nine temporary restraining order issued by this Court on
consecutive years comprising of the recall term plus September 24, 2002 enjoining the proclama
the regular three full terms. A local official who serves
_______________
a recall term should know that the recall term is in
itself one term although less than three years. This is Record of the Constitutional Commission, Vol. II, p. 592.
21
considered one term for purposes of determining the VOL. 391, NOVEMBER 12, 2002 493
three consecutive terms. Socrates vs. Commission on Elections
him DISQUALIFIED from seeking reelection for a
A declaration that Hagedorn is qualified to seek
fourth term or from being a candidate for Mayor in the
reelection in a recall election to remove the Mayor who
recall election in question.
was elected for a term for which Hagedorn was
constitutionally and statutorily disqualified to be CONCURRING OPINION
reelected to or to hold is to subvert the rationale of the
PUNO, J.:
threeconsecutiveterm rule and make a mockery of it.
Worse, it abets destructive endless partisan politics The correctness of the decision so ably written by Mr.
and unsound governance. An elective local official who Justice Carpio speaks for itself. Nonetheless, the
is disqualified to seek a fourth term because of the complex constitutional dimensions of the issue for
threeterm limit but obsessed to hold on to power resolution compels this humble concurring opinion.
would spend the first year of the fourth term The issue is whether private respondent Hagedorn is
campaigning for the recall of the incumbent in the disqualified from running in the September 24, 2002
second year of said term. This would not be a problem recall election for mayor of Puerto Princesa City and
if the disqualified official has a solid following and a from serving the unexpired portion of the 20012004
strong political machinery. Interestingly, in this case, mayoralty term considering that he has thrice been
as stated on page 3 of the ponencia, the President of consecutively elected and has served three full terms
the Association of Barangay Captains of Puerto as Puerto Princesa City mayor from 19921998. In
Princesa City is one Mark David M. Hagedorn and he illuminating the gray interstices of this election case,
was designated by the Preparatory Recall Assembly as prudence dictates that “... where the sovereignty of the
interim Chairman. people is at stake, we must not only be legally right
I therefore vote to grant the petition In G.R. Nos. but also politically correct.” 1
POSITION OF MAYOR OF PUERTO PRINCESA CITY IN
494
THE SCHEDULED RECALL ELECTION, THE CLEAR.
494 SUPREME COURT REPORTS ANNOTATED
AND UNAMBIGUOUS CONSTITUTIONAL AND
Socrates vs. Commission on Elections STATUTORY PROHIBITION AGAINST A FOURTH
scribed by the Constitution from running in said CONSECUTIVE TERM FOR LOCAL ELECTIVE
election. On August 30, 2002, petitioner Ollave, Sr. OFFICIALS NOTWITHSTANDING.
intervened to disqualify Hagedorn on the same ground.
The recall election was set on September 24, 2002. II.
On September 20, 2002, public respondent
COMELEC’s First Division denied the petitions for
THE HONORABLE COMELEC GRAVELY ERRED RESPONDENT HAGEDORN IS QUALIFIED TO RUN IN
AND ABUSED ITS DISCRETION WHEN IT PROCEEDED THE RECALL ELECTION EVEN IF HE STANDS
TO DIVIDE A SINGLE TERM OF OFFICE INTO TWO. DISQUALIFIED FROM SERVING UNDER A FOURTH
CONSECUTIVE TERM AS SUCH IS ALLEGEDLY NOT
III. THE PROVINCE OF THE INSTANT
DISQUALIFICATION PROCEEDINGS.
THE HONORABLE COMELEC COMMITTED GRAVE
ABUSE OF DISCRETION AND VIOLATED THE INTENT VI.
AND PURPOSE FOR HOLDING THE SCHEDULED
RECALL ELECTIONS FOR THE POSITION OF MAYOR THE HONORABLE COMELEC COMMITTED GRAVE
OF PUERTO PRINCESA CITY AND THE ABUSE OF DISCRETION WHEN IT ISSUED A
CONSTITUTIONAL AND STATUTORY BAR AGAINST A DEFECTIVE AND CLEARLY VOID RESOLUTION.” 2
FOURTH CONSECUTIVE TERM. The foregoing issues may be reduced to the singular
495 issue of whether or not private respondent Hagedorn is
VOL. 391, NOVEMBER 12, 2002 495 disqualified from running in the September 24, 2002
Socrates vs. Commission on Elections recall election and serving as mayor of Puerto Princesa
City considering that he has been thrice consecutively
IV.
elected and has served three full terms in that position
THE HONORABLE COMELEC GRAVELY ABUSED ITS from 1992 to 2001.
DISCRETION WHEN IT RULED THAT RESPONDENT I find the petitions devoid of merit.
HAGEDORN IS NOT DISQUALIFIED FROM RUNNING Art. X, Sec. 8 of the Constitution provides:
IN THE UPCOMING RECALL ELECTIONS AS HIS “Sec. 8. The term of office of elective local officials,
INELIGIBILITY IS NOT APPARENT UNDER SECTIONS except barangay officials, which shall be determined by law,
65 AND 68 OF THE OMNIBUS ELECTION CODE, shall be three years and no such official shall serve for more
SECTIONS 39 AND 40 OF RA 7160 (LOCAL than three consecutive terms. Voluntary renunciation of the
GOVERNMENT CODE), AND RULES 23 AND 25 OF THE office for any length of time shall not be considered as
COMELEC RULES OF PROCEDURE.
_______________
V.
2
Very Urgent Petition for Certiorari and Prohibition with
THE HONORABLE COMELEC COMMITTED GRAVE Preliminary Injunction and Prayer for Temporary Restraining Order
(Petition), pp. 910. The PetitioninIntervention of Mayor Socrates raises
ABUSE OF DISCRETION WHEN IT RULED THAT
similar issues.
496 “MR. GARCIA. I would like to advocate the proposition that
496 SUPREME COURT REPORTS ANNOTATED no further election for local and legislative officials be
Socrates vs. Commission on Elections allowed after a total of three terms or nine years. I have
an interruption in the continuity of his service for the four reasons why I would like to advocate this proposal,
full term for which he was elected.” which are as follows: (1) to prevent monopoly of political
This constitutional provision is restated in the Local power; (2) to broaden the choice of the people; (3) so that no
Government Code of 1991, to wit:
one is indispensable in running the affairs of the country;
“Sec. 43. Term of Office.—. . . (b) No local elective official
(4) to create a reserve of statesmen both in the national and
shall serve for more than three (3) consecutive terms in the
local levels. May I explain briefly these four reasons.
same position. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in _______________
the continuity of service for the full term for which the
elective official concerned was elected.” 3
I L. Tañada and F. Carreon, Political Law of the Philippines 9596
We have not interpreted Art. X, Sec. 8 of the (1961).
R. Martin, Philippine Political Law 27 (New ed. 1998).
Constitution in the recall election context of the cases
4
5
J. Bernas, The Intent of the 1986 Constitution Writers 699 (1995);
at bar. It is imperative to distill the intent of the Record of the Constitutional Commission (“Record”), vol. III, pp. 406408,
framers of the Constitution and the people who ratified 451.
it. Mere reliance on the surface meaning of the words
3 497
of the above provision, however, will not suffice to VOL. 391, NOVEMBER 12, 2002 497
capture this elusive intent. Thus, we turn to the Socrates vs. Commission on Elections
proceedings and debates of the Constitutional First: To prevent monopoly of political power—Our
Commission (ConCom) as an extrinsic aid to history has shown that prolonged stay in public office can
interpretation. The Record of the Constitutional
4
lead to the creation of entrenched preserves of political
Commission shows that Art. X, Sec. 8 was readily dynasties. In this regard, I would also like to advocate that
accepted by the Commissioners without much immediate members of the families of public officials be
discussion; nonetheless, their debates on setting the
5
barred from occupying the same position being vacated.
term limit for Representatives show that the rationale Second: To broaden the choice of the, people—Although
for the limit applies to both Representatives and individuals have the right to present themselves for public
elective local officials. We quote at length the relevant office, our times demand that we create structures that will
portions of the debates, to wit:
enable more aspirants to offer to serve and to provide the
people a broader choice so that more and more people can be x x x x x x x x x
enlisted to the cause of public service, not just limited only MR. MONSOD. Madam President, I was reflecting on
this issue earlier and I asked to speak because in this draft
to those who may have the reason or the advantage due to
Constitution, we are recognizing people power. We have
their position. said that now there is a new awareness, a new kind of
Third: No one is indispensable in running the affairs of voter, a new kind of Filipino. And yet at the same time, we
the country—After the official’s more than a decade or are prescreening candidates among whom they will choose.
nearly a decade of occupying the same public office, I think We are saying that this 48member Constitutional
we should try to encourage a more teamoriented Commission has decreed that
consensual approach to governance favored by a proposal 498
that will limit public servants to occupy the same office for 498 SUPREME COURT REPORTS ANNOTATED
three terms. And this would also favor not relying on Socrates vs. Commission on Elections
personalities no matter how heroic, some of whom, in fact,
those who have served for a period of nine years are barred
are now in our midst.
from running for the same position.
Lastly, the fact that we will not reelect people after three
The argument is that there may be other positions. But
terms would also favor the creation of a reserve of
statesmen both in the national and local levels. there are some people who are very skilled and good at
Turnovers in public office after nine years will ensure legislation, and yet are not of a national stature to be
that new ideas and new approaches will be welcome. Public Senators. They may be perfectly honest, perfectly competent
office will no longer be a preserve of conservatism and and with integrity. They get voted into office at the age of 25,
tradition. At the same time, we will create a reserve of which is the age we provide for Congressmen. And at 34
statesmen, both in the national and local levels, since we years old we put them to pasture.
will not deprive the community of the wealth of experience Second, we say that we want to broaden the choices of
and advice that could come from those who have served for the people. We are talking here only of congressional or
nine years in public office.
senatorial seats. We want to broaden the people’s choice but
Finally, the concept of public service, if political dynasty
symbolized by prolonged stay in particular public offices is we are making a prejudgment today because we exclude a
barred, will have fuller meaning. It will not be limited only certain number of people. We are, in effect, putting an
to those who directly hold public office, but also to additional qualification for office—that the officials must
consultative bodies organized by the people, among whom not have served a total of more than a number of years in
could be counted those who have served in public office with their lifetime. Third, we are saying that by putting people to
accomplishment and distinction, for public service must no
pasture, we are creating a reserve of statesmen, but the
longer be limited only to public office.
future participation of these statesmen is limited. Their 499
skills may only be in some areas, but we are saying that they
VOL. 391, NOVEMBER 12, 2002 499
are going to be barred from running for the same position.
Socrates vs. Commission on Elections
Madam President, the ability and capacity of a result of consecutive terms. We do put a gap on consecutive
statesman depend as well on the daytoday honing of his service—in the case of the President, six years; in the case of
skills and competence, in intellectual combat, in concern the VicePresident, unlimited; and in the case of the
and contact with the people, and here we are saying that he Senators, one reelection. In the case of the Members of
is going to be barred from the same kind of public service. Congress, both from the legislative districts and from the
I do not think it is in our place today to make such a very party list and sectoral representation, this is now under
important and momentous decision with respect to many of discussion and later on the policy concerning local officials
our countrymen in the future who may have a lot more years will be taken up by the Committee on Local Governments.
ahead of them in the service of their country. The principle remains the same. I think we want to prevent
If we agree that we will make sure that these people do future situations where, as a result of continuous service
not set up structures that will perpetuate them, then let us and frequent reelections, officials from the President down
give them this rest period of three years or whatever it to the municipal mayor tend to develop a proprietary
is. Maybe during that time, we would even agree that their interest in their positions and to accumulate those powers
fathers or mothers or relatives of the second degree should
and perquisites that permit them to stay on indefinitely or to
not run. But let us not bar them for life after serving the
public for a number of years. transfer these posts to members of their families in a
x x x x x x x x x subsequent election. I think that is taken care of because we
MR. OPLE. . . . The principle involved is really whether put a gap on the continuity or unbroken service of all of
this Commission shall impose a temporary or a perpetual these officials. But were we now (to) decide to put these
disqualification on those who have served their terms in prospective servants of the people or politicians, if we want
accordance with the limits on consecutive service as decided
to use the coarser term, under a perpetual disqualification, I
by the Constitutional Commission. I would be very wary
have a feeling that we are taking away too much from the
about the Commission exercising a sort of omnipotent power
people, whereas we should be giving as much to the people
in order to disqualify those who will already have served
as we can in terms of their own freedom of choice.
their terms from perpetuating themselves in office. I think I think the veterans of the Senate and of the House of
the Commission achieves its purpose in establishing Representatives here will say that simply getting
safeguards against the excessive accumulation of power as a nominated on a party ticket is a very poor assurance that
the people will return them to the Senate or to the House of Socrates vs. Commission on Elections
Representatives. There are many casualties along the way Philippines. That is quite a victory, but at the same time,
of those who want to return to their office, and it is the let us not despise the role of political parties. The strength
people’s decision that matters. They judge whether or not a of democracy will depend a lot on how strong our
Soc Rodrigo, a Sumulong, a Padilla, an Alonto and a democratic parties are, and a splintering of all these parties
Rosales, after a first and second term, should go back to the so that we fall back on, let us say, nontraditional parties
Senate. That is a prerogative of the people that we should entirely will mean a great loss to the vitality and resiliency
not take, away from them—the right to judge those who of our democracy . . .
have served. In any case, we already take away from the x x x x x x x x x
people the freedom to vote for the third termers because we BISHOP BACANI. I think when we voted on the
say that a Senator, say, Mr. Rodrigo, is only good for twelve provision that the illiterate be allowed to vote and when we
years. But if he wants to be like Cincinnatus, if he is called proposed in this Constitutional Commission for initiative as
back by his people to serve again, let us say for a period of a way also of empowering our people to engage in the
six years—which Commissioner Davide called a period of legislative exercise, we are really presupposing the political
hibernation which is spent at his fishpond in Bulacan, maturity of our people. Why is it that that political
Bulacan—because there is a new situation in the country maturity seems now to be denied by asking that we should
that fairly impels the people to summon him back, like put a constitutional bar to a further election of any
Cincinnatus in the past, then there will no longer be any Representative after a term of three years? Why should we
Cincinnatus. not leave that to the premise accepted by practically
That is not perhaps a very important point, but I think everybody here that our people are politically mature?
we already have succeeded in striking a balance of policies, Should we use this assumption only when it is convenient
so that the structures, about which Commissioner Garcia for us, and not when it may also lead to a freedom of choice
expressed a very legitimate concern, could henceforth for the people and for politicians who may aspire to serve
develop to redistribute opportunities, both in terms of longer?
political and economic power, to the great majority of the x x x x x x x x x
people, because very soon, we will also discuss the MR. GARCIA. I would like to answer Commissioner
multiparty system. We have unshackled the Philippine Bacani. We put a constitutional bar to reelection of any
politics from the twoparty system, which really was the Representative basically because of the undue advantage of
most critical support for the perpetuation of political the incumbent. It is not because of lack of trust in the
dynasties in the people. We realize from history that Mexico fought a
500
revolution simply because of the issue of reelection. No
500 SUPREME COURT REPORTS ANNOTATED
reelection, sufragio universal. Basically, it is because of the
undue advantage of the incumbent that he accumulates The maiden case was Borja, Jr. v. Commission on
power, money, party machine or patronage. As regards
Elections and Jose T. Capco which involved the 1998
7
what Commissioner Aquino has said, politics is not won by
ideals alone; it is won by solid organizing work by
mayoralty election in Pateros. In 1989, private
organizations that have the capacity to do so; and normally respondent Capco became mayor by operation of law
the incumbent has all the advantages . . . upon the death of the incumbent, Cesar Borja. In 1992,
x x x x x x x x x he was elected mayor for a term ending in 1995. In
THE SECRETARYGENERAL. Madam President, we 1995, he was reelected mayor for another term of three
have here 43 ballots cast. We will now start the counting. years ending in June 1998. In March 1998, he filed his
Alternative No. 1—no further election after a total of certificate of candidacy for the May 1998 mayoralty
three terms: ///////////////// election of Pateros. Petitioner Borja, Jr., another
Alternative No. 2—no immediate reelection after three candidate for mayor, sought Capco’s disqualification on
successive terms: //////////////////////////” (emphasis supplied)
6
the ground that by June 30, 1998, Capco would have
In several cases, this Court was guided by the already served as mayor for three consecutive terms
proceedings of the ConCom in construing Art. X, Sec. 8 and would therefore be ineligible to serve for another
of the Constitution in relation term. The COMELEC en banc declared Capco eligible
_______________
to run for mayor, thus Borja, Jr. sought recourse in
this Court. In dismissing the petition, we considered
Record, vol. II, pp. 236237, 239240, 243.
6
the historical background of Art. X, Sec. 8 of the
501
Constitution, viz.:
VOL. 391, NOVEMBER 12, 2002 501
“. . . a consideration of the historical background of Article
Socrates vs. Commission on Elections X, §8 of the Constitution reveals that the members of the
to Section 43(b) of the Local Government Code of 1991. Constitutional Commission were as much concerned with
Different from the issue presented by the cases at bar, preserving the freedom of choice of the people as they were
however, the question in those cases was what with preventing the monopolization of political power.
constitutes a “term” for purposes of counting the three Indeed, they rejected a proposal put forth by Commissioner
consecutive terms allowed under Art. X, Sec. 8. It is Edmundo F. Garcia that after serving three consecutive
apropos to revisit these cases to aid us in extracting terms or nine years there should be no further reelection for
the intent behind said Constitutional provision and local and legislative officials. Instead, they adopted the
properly apply it to the unique case of private alternative proposal of Commissioner Christian Monsod
respondent Hagedorn. that such officials be simply barred from running for the
same position in the succeeding election following the apply. This point can be made clearer by considering the
expiration of the third consecutive term (2 RECORD OF following cases or situations:
THE CONSTITUTIONAL COMMISSION 236243 [Session Case No. 1. Suppose A is a vicemayor who becomes
of July 25, 1986] . . .). Monsod warned against ‘prescreening mayor by reason of the death of the incumbent. Six months
candidates [from] whom the people will choose’ as a result before the next election, he resigns and is twice elected
of the proposed absolute disqualification, considering that thereafter. Can he run again for mayor in the next election?
the draft constitution contained provisions ‘recognizing Yes, because although he has already first served as
people’s power.’ mayor by succession and subsequently resigned from office
before the full term expired, he has not actually served
_______________ three full terms in all for the purpose of applying the term
limit. Under Art. X, §8, voluntary renunciation of the office
295 SCRA 157 (1998).
7
is not considered as an interruption in the continuity of his
502
service for the full term only if the term is one “for which he
502 SUPREME COURT REPORTS ANNOTATED
was elected.” Since A is only completing the service of the
Socrates vs. Commission on Elections
term for which the deceased and not he was
x x x x x x x x x
Two ideas thus emerge from a consideration of the elected, A cannot be considered to have completed one term.
proceedings of the Constitutional Commission. The first is His resignation constitutes an interruption of the full term.
x x x x x x x x x
the notion of service of term, derived from the concern about
. . . the mayor is entitled to run for reelection because
the accumulation of power as a result of a prolonged stay in
the two conditions for the application of the disqualification
office. The second is the idea of election, derived from the
provisions have not concurred, namely, that the local
concern that the right of the people to choose whom they
official concerned has been elected three consecutive times
wish to govern them be preserved. (emphasis supplied)
x x x x x x x x x and that he has fully served three consecutive terms. In the
To recapitulate, the term limit for elective local officials first case, even if the local official is considered to have
served three full terms notwithstanding his resignation
must be taken to refer to the right to be elected as well
before the end of the first term, the fact remains that he has
as the right to serve in the same elective
not been elected three times . . .
position. Consequently, it is not enough that an individual
Case No. 3. The case of vicemayor C who becomes mayor
has served three consecutive terms in an elective local
by succession involves a total failure of the two conditions
office, he must also have been elected to the same position
to concur for the purpose of applying Art. X, § 8. Suppose he
for the same number of times before the disqualification can
is twice elected after that term, is he qualified to run again the May 8, 1995 elections, petitioner Romeo Lonzanida
in the next election? served two consecutive terms as municipal mayor of
503
San Antonio, Zambales. In the May 1995 elections, he
VOL. 391, NOVEMBER 12, 2002 503 ran for mayor, was proclaimed winner, and assumed
Socrates vs. Commission on Elections office. His proclamation was, however, contested by his
Yes, because he was not elected to the office of mayor in the
opponent Juan Alvez in an election protest filed before
first term but simply found himself thrust into it by
operation of law. Neither had he served the full term
the Regional Trial Court of Zambales which rendered a
because he only continued the service, interrupted by the decision declaring a failure of elections. Upon appeal of
death, of the deceased mayor. the decision to the COMELEC, Alvez was declared the
To consider C in the third case to have served the first duly elected mayor of San Antonio. In February 1998,
term in full and therefore ineligible to run a third time for the COMELEC issued a writ of execution ordering
reelection would be not only to falsify reality but also to Lonzanida to vacate the post, and Alvez served the
unduly restrict the right of the people to choose whom they remainder of the term.
wish to govern them. If the vicemayor turns out to be a bad Lonzanida filed his certificate of candidacy for the
mayor, the people can remedy the situation by simply not May 11, 1998 election for mayor of San Antonio. His
reelecting him for another term. But if, on the other hand, opponent Eufemio Muli filed with the COMELEC a
he proves to be a good mayor, there will be no way the petition to disqualify Lonzanida on the ground that he
people can return him to office (even if it is just the third
had already served three consecutive terms in the
time he is standing for reelection) if his service of the first
same office and was thus prohibited from running in
term is counted as one for the purpose of applying the term
limit. the upcoming
To consider C as eligible for reelection would be in accord _______________
with the understanding of the Constitutional Commission
that while the people should be protected from the evils that Id., pp. 163, 165.
8
311 SCRA 602 (1999).
9
a monopoly of political power may bring about, care should 504
be taken that their freedom of choice is not unduly 504 SUPREME COURT REPORTS ANNOTATED
curtailed.” (Italics supplied)
8
Socrates vs. Commission on Elections
We reiterated the Borja ruling in Lonzanida v. election. On May 13, 1998, Lonzanida was proclaimed
Commission on Elections, et al. which involved the
9 winner. COMELEC ruled that Lonzanida was
election for mayor of San Antonio, Zambales. Prior to disqualified as his assumption to office in 1995,
although he was unseated before the expiration of the vacate his post before the expiration of the term. The
term, was considered one full term for purposes of respondents’ contention that the petitioner should be
counting the three term limit under the Constitution deemed to have served one full term from May 19951998
and the Local Government Code of 1991. because he served the greater portion of that term has no
legal basis to support it; it disregards the second requisite
On appeal to this Court, we ruled, viz: for the application of the disqualification, i.e., that he has
“It is not disputed that the petitioner was previously elected fully served three consecutive terms.
and served two consecutive terms as mayor of San Antonio, In sum, the petitioner was not the duly elected mayor
Zambales prior to the May 1995 mayoral elections. In the and he did not hold office for the full term; hence, his
May 1995 elections he again ran for mayor of San Antonio, assumption of office from May 1995 to March 1998 cannot
Zambales and was proclaimed winner. He assumed office be counted as a term for purposes of computing the three
and discharged the rights and duties of mayor until March term limit.” (Italics supplied)
10
1998 when he was ordered to vacate the post by reason of
the COMELEC decision dated November 13, 1997 on the _______________
election protest against the petitioner which declared his
opponent Juan Alvez, the duly elected mayor of San 10
Lonzanida v. COMELEC, et al., 311 SCRA 602 (1999), pp. 612
Antonio. Alvez served the remaining portion of the 1995 613.
1998 mayoral term. 505
The two requisites for the application of the three term VOL. 391, NOVEMBER 12, 2002 505
rule are absent. First, the petitioner cannot be considered as Socrates vs. Commission on Elections
having been duly elected to the post in the May 1995 Finally, in the recent case of Adormeo v. COMELEC,
elections, and second, the petitioner did not fully serve the et al., we ruled that a mayor who assumed office via a
11
terms as city mayor. Talaga, Jr., however, was 506 SUPREME COURT REPORTS ANNOTATED
declared qualified for the position of city mayor. Socrates vs. Commission on Elections
Constitutional Commission member, stating that in
Adormeo thus sought recourse before this Court.
interpreting said provision that ‘if one is elected
Citing the Borja and Lonzanida rulings, we ruled representative to serve the unexpired term of another, that
that Talaga, Jr. was not disqualified as the two unexpired (term), no matter how short, will be considered
conditions for disqualification, namely (1) the elective one term for the purpose of computing the number of
official concerned was elected for three consecutive successive terms allowed.’
terms in the same post and (2) he has fully served As pointed out by the COMELEC en banc, Fr. Bernas’
three consecutive terms, were not met. We did not comment is pertinent only to members of the House of
consider Talaga, Jr.’s service of the unexpired portion Representatives. Unlike local government officials, there is
of Tagarao’s term as service of a fullterm for purposes no recall election provided for members of Congress. (Rollo,
pp. 8384)” (Italics supplied)
12
of the three term limit. We also ruled that he did not
The deliberations of the ConCom and the ruling case
serve for three consecutive terms as there was a break
law of Borja, Lonzanida and Adormeo show that there
in his service when he lost to Tagarao in the 1998
are two principal reasons for the three term limit for
elections. We held, viz:
elective local officials: (1) to prevent political dynasties
“COMELEC’s ruling that private respondent was not
perpetuated by the undue advantage of the incumbent
elected for three (3) consecutive terms should be upheld.
and (2) to broaden the choice of the people by allowing
For nearly two years, he was a private citizen. The
candidates other than the incumbent to serve the
continuity of his mayorship was disrupted by his defeat in
people. Likewise evident in the deliberations is the
the 1998 elections.
effort to balance between two interests, namely, the
Patently untenable is petitioner’s contention that
prevention of political dynasties and broadening the
COMELEC in allowing respondent Talaga, Jr. to run in the
choice of the people on the one hand, and respecting
May 1998 election violates Article X, Section 8 of the 1987
the freedom of choice and voice of the people, on the
other; thus, the calibration between perpetual is taken care of because we put a gap on the continuity
disqualification after three consecutive terms as or unbroken service of all of these officials. (emphasis
proposed by Commissioner Garcia, and setting a limit
supplied)” Thus, ConCom set the limit on consecutive
on immediate reelection and providing for a
full terms to no more than three. Otherwise stated, it
hibernation period.
is a fourth consecutive full term that is prohibited.
In all three cases—Borja, Lonzanida and Adormeo
In the cases at bar, however, private respondent
—we ruled that the “term” referred to in the three
Hagedorn will not serve a prohibited fourth
term limit is service of a full term of three years for consecutive full term as he will be serving only
elective local officials. This ruling furthers the intent
the unexpired portion of the 20012004 mayoralty
of the ConCom to prevent political dynasties as it is
term. Similar to Talaga, Jr. in the Adormeo
the service of consecutive full terms that makes service
case, Hagedorn’s service as mayor will not be
continuous and which opens the gates to political
dynasties limiting the people’s choice of leaders. In the continuous from the third to a fourth consecutive full
words of Commissioner Ople, “. . . we want to prevent term as it was broken when Socrates was elected in the
future situations where, as a result of continuous 2001 regular mayoralty election and served for one
service and frequent reelections, officials from the year. In the same vein that Talaga, Jr. was elected into
President down to the municipal mayor tend to office by recall election and his service of the unexpired
develop a proprietary interest in their positions and to portion of the incumbent’s term was not considered a
accumulate those powers and perquisites that permit consecutive full term for purposes of applying the
them to stay on indefinitely or to transfer these posts three term limit, Hagedorn’s service of the unexpired
to members of their families in a subsequent election. I portion of Socrates’ term should not also be counted as
think that a prohibited fourth consecutive full term. It should not
make a difference whether the recall election came
_______________
after the second consecutive full term as in the
Adormeo v. COMELEC, et al., supra, p. 6.
12
Adormeo case or after the third consecutive term as in
507 the cases at bar because the intent to create a hiatus
VOL. 391, NOVEMBER 12, 2002 507 in service is satisfied in both instances.
Socrates vs. Commission on Elections Even a textual analysis of Art. X, Sec. 8 will yield
the interpretation that what is prohibited is the
service of a fourth consecutive full term. Petitioners office, voluntarily resigns or is otherwise permanently
are correct in foisting the view that “term” is a fixed incapacitated to discharge the functions of his office,
and definite period of time prescribed by law or the thereby creating a permanent vacancy, the term 14
Constitution during which the public officer may claim would remain unbroken until the recurring election for
to hold the office as a right. It is a fixed and definite the office. 15
509
VOL. 391, NOVEMBER 12, 2002 509 minimum fourth consecutive full term.
Socrates vs. Commission on Elections In putting a cap on the number of consecutive full
“Sec. 43(b) . . . No local elective official shall serve for more terms an elective local official can serve, the ConCom
than three (3) consecutive terms in the same position. sought to curb the undue advantage of the incumbent
Voluntary renunciation of the office for any length of time over other aspirants, which advantage makes it easier
shall not be considered as an interruption in the continuity to found a political dynasty. At the time of the
of service for the full term for which the elective official September 24, 2002 recall election, however, Hagedorn
concerned was elected.” (Italics supplied) was not the incumbent favored with this feared “undue
Likewise, because “term” is understood to be a fixed, advantage of the incumbent.” On the contrary, he ran
definite, and full period, the Constitution, in Art. VI, against the incumbent Mayor Socrates who alone could
Sec. 9, uses the qualifier “unexpired term” to refer to be the subject of recall election and who, by law, was
only a portion of a term, viz.: automatically a candidate in the election. Hagedorn 16
“Art. VI, Sec. 9. In case of vacancy in the Senate or in the
_______________
House of Representatives, a special election may be called
to fill such vacancy in the manner prescribed by law, but Section 71 of the Local Government Code of 1991 provides in
16
leaders. It is in this context of regular elections that 511
our obiter dictum in the Lonzanida case, which VOL. 391, NOVEMBER 12, 2002 511
petitioners harp on, should be understood. In that Socrates vs. Commission on Elections
case, we opined that “[a]s finally voted upon, it was full terms. Local officials who assume office via recall
agreed that an elective local government official should election serve only the unexpired portion of the
be barred from running for the same post after three incumbent’s term and this service is not counted as a
consecutive terms. After a hiatus of at least one term, full term, despite the Constitutional mandate that the
he may again run for the same office.” Indeed, insofar
17 term of office of elective local officials is three years.
as regular local elections are concerned, which were Such is the design because Art. XVIII, Secs. 2 and 5 of
the Constitution also prescribe synchronization of
regular national and local elections beginning on the term for the Senator and two terms for the Members of the
second Monday of May 1992, which is accomplished if
18 Lower House.” 20
the local official who assumes office through recall As we ruled in the Adormeo case, service of an
election serves only the incumbent’s unexpired term. unexpired term is considered service of a full term only
It is only in the case of Representatives (and with respect to Representa
Senators) that “if one is elected Representative to
_______________
serve the unexpired term of another, that unexpired
term will be considered one term for purposes of Osmena, et al. v. Del Mar, et al., 199 SCRA 750 (1991).
18
official may be the subject of a recall election only once al., we held, viz.:
24
during his term of office for loss of confidence.
_______________
(b) No recall shall take place within one (1) year from the
date of the official’s assumption to office or one (1) year 23
Section 70 of the Local Government Code provides, viz.:
immediately preceding a regular local election.” (Italics “Section 70. Initiation of the Recall Process.—(a) Recall may be initiated by a
supplied) preparatory recall assembly or by the registered voters of the local
government unit to which the local elective official subject to such recall
_______________ belongs.
(b) There shall be a preparatory recall assembly in every province, city,
district, and municipality which shall be composed of the following:
Borja, Jr. v. COMELEC, et al., supra, p. 167.
21
Id., p. 163.
22
1. (1)Provincial level. All mayors, vicemayors,
513 and sanggunian members of the municipalities and component
VOL. 391, NOVEMBER 12, 2002 513 cities;
Socrates vs. Commission on Elections
2. (2)City level. All punong barangay and sanggunian Caloocan City. If, on the other hand, the incumbent
barangay members in the city;
turns out to be an ineffective leader, there is no reason
why the electorate should not be allowed to make a
3. (3)Legislative district level. In cases where sangguniang
panlalawiganmembers are elected by district, all elective Cincinnatus of their past leader.
municipal officials in the district; and in cases where sangguniang The imagined fear of abuse of the power of recall
panglungsod members are elected by district, all does not suffice to disqualify private respondent
elective barangay officials in the district; and
Hagedorn and should not prevail over the resounding
voice of the people of Puerto Princesa City. They have
4. (4)Municipal level. All punong barangay and sangguniang
barangay members in the municipality. spoken and there is no mistaking that Hagedorn is
their overwhelming choice. We cannot subscribe to the
(c) A majority of all the preparatory recall assembly members may petitioners’ position and allow an overly literal reading
convene in session in a public place and initiate a recall proceeding against
any elective official in the local government unit concerned. Recall of
of the law to mute the electorate’s cry and curtail their
provincial, city, or municipal officials shall be validly initiated through a freedom to choose their leaders. This freedom was as
resolution adopted by a majority of all the members of the preparatory recall
much a concern of the ConCom as was the prevention
assembly concerned during its session called for the purpose.”
331 SCRA 388 (2000).
24 of political dynasties and broadening the choice of the
514 people. This Court has not just once admonished
514 SUPREME COURT REPORTS ANNOTATED against a too literal reading of the law as this is apt to
Socrates vs. Commission on Elections constrict rather than fulfill its purpose and defeat the
“In the Bower case (In re Bower 41 Ill. 777, 242 N.E. 2d 252 intention of the authors. 26
of the 20012004 mayoralty term as this is not service
If, after one year in office, the incumbent proves of a prohibited fourth consecutive full term.
himself to be worthy of his position, then his I vote to deny the petition, giving due consideration
constituents will confirm this should a recall election to the tenet of representative democracy that the
be called, as in the case of Mayor Reynaldo Malonzo of people should be allowed to
_______________
Claudio v. COMELEC, et al., supra, p. 406.
25
Paras v. COMELEC, 264 SCRA 491 (1996).
26
515
VOL. 391, NOVEMBER 13, 2002 515
Danao vs. Franco, Jr.
choose whom they wish to govern them. In the end, “. .
27
. more than judgments of courts of law, the judgment
of the tribunal of the people is final for ‘sovereignty
resides in the people and all government authority
emanates from them.’ ” 28
Petitions dismissed.
Note.—Public interest and the sovereign will of the
people expressed in their ballot must at all times be
the paramount consideration in all election
controversy. (Olondriz, Jr. vs. Commission on
Elections, 313 SCRA 128[1999])
698 SUPREME COURT REPORTS ANNOTATED BAYAN MUNA, petitioner, vs. COMMISSION ON
Ang Bagong Bayani-OFW Labor Party vs. Commission on ELECTIONS; NATIONALIST PEOPLE’s COALITION
Elections (NPC); LABAN NG DE
G.R. No. 147589. June 26, 2001. *
_______________
ANG BAGONG BAYANIOFW LABOR PARTY (under
the acronym OFW), represented herein by its EN BANC.
*
Reconsideration; No motion for reconsideration of a Comelec
en banc resolution, order or decision is possible, the same Same; Same; Same; Procedural requirements “may be
being a prohibited pleading.—The assailed Omnibus glossed over to prevent a miscarriage of justice, when the
Resolution was promulgated by Respondent Commission en issue involves the principle of social justice x x x when the
banc; hence, no motion for reconsideration was possible, it decision sought to be set aside is a nullity, or when the need
being a prohibited pleading under Section 1 (d), Rule 13 of
for relief is extremely urgent.”—Procedural requirements
the Comelec Rules of Procedure.
“may be glossed over to prevent a miscarriage of justice,
Same; Same; Same; Same; Certiorari is available, when the issue involves the principle of social justice x x x
notwithstanding the presence of other remedies, “where the when the decision sought to be set aside is a nullity, or
issue raised is one purely of law, where public interest is when the need for relief is extremely urgent and certiorari
involved, and in case of urgency.”—In any event, this case is the only adequate and speedy remedy available.”
presents an exception to the rule that certiorari shall lie Same; PartyList System; Under the Constitution and
only in the absence of any other plain, speedy and adequate Republic Act (RA) 7941, political parties cannot be
remedy. It has been held that certiorari is available, disqualified from the partylist elections merely on the
notwithstanding the presence of other remedies, “where the
ground that they are political parties.—We now rule on this
issue raised is one purely of law, where public interest is
issue. Under the Constitution and RA 7941, private
involved, and in case of urgency.” Indeed, the instant case is
respondents cannot be disqualified from the partylist
indubitably imbued with public interest and with extreme
elections, merely on the ground that they are political
urgency, for it potentially involves the composition of 20
parties. Section 5, Article VI of the Constitution, provides
percent of the House of Representatives.
that members of the House of Representatives may “be
Same; Same; Same; Educative Function of the elected through a partylist system of registered national,
Supreme Court.—Moreover, this case raises transcendental regional, and sectoral parties or organizations.”
constitutional issues on the partylist system, which this Same; Same; The key words in the statutory policy set
Court must urgently resolve, consistent with its duty to
out in RA 7941 are “proportional representation,”
“formulate guiding and controlling constitutional principles,
“marginalized and underrepresented,” and “lack [of] well
precepts, doctrines, or rules.”
700 defined constituencies.”—The foregoing provision mandates
700 SUPREME COURT REPORTS a state policy of promoting proportional representation by
ANNOTATED means of the Filipinostyle partylist system, which will
Ang Bagong Bayani-OFW Labor Party vs. Commission “enable” the election to the House of Representatives of
on Elections Filipino citizens, 1. who belong to marginalized and
underrepresented sectors, organizations and parties; and 2.
who lack welldefined constituencies; but 3. who could underrepresented constituencies mentioned in Section 5,
contribute to the formulation and enactment of appropriate and the persons nominated by the partylist candidate
legislation that will benefit the nation as a whole. The key
organization must be “Filipino citizens belonging to
words in this policy are “proportional representation,”
marginalized and underrepresented sectors, organizations
“marginalized and underrepresented,” and “lack [of] well
defined constituencies.” and parties.”—It is not enough for the candidate to claim
Same; Same; Words and Phrases; “Proportional representation of the marginalized and underrepresented,
because representation is easy to claim and to feign. The
representation” does not refer to the number of people in a
partylist organization or party must factually and truly
particular district, but rather to the representation of the
represent the marginalized and underrepresented
“marginalized and underrepresented” as exemplified by the constituencies mentioned in Section 5. Concurrently, the
enumeration in Section 5 of the law—namely, “labor, persons nominated by the partylist candidateorganization
peasant, fisherfolk, urban poor, indigenous cultural must be “Filipino citizens belonging to marginalized and
communities, elderly, handicapped, women, youth, veterans, underrepresented sectors, organizations and parties.”
overseas workers, and professionals.”—“Proportional Same; Same; Words and Phrases; “Lack of welldefined
representation” here does not refer to the number of people constituenc[y]” refers to the absence of a traditionally
identifiable electoral groups, like voters of a congressional
in a particular district, because the partylist election is
national in scope. Neither does it allude to numerical district or territorial unit of government.—“Lack of well
strength in a distressed or oppressed group. Rather, it defined constituenc[y]” refers to the absence of a
refers to the representation of the “marginalized and traditionally identifiable electoral group, like voters of a
underrepresented” as exemplified by the enumeration in congressional district or territorial unit of government.
Section 5 of the Rather, it points again to those with disparate interests
701 identified with the “marginalized or underrepresented.”
VOL. 359, JUNE 26, 2001 701 Same; Same; Statutory Construction; Noscitur A
Ang Bagong Bayani-OFW Labor Party vs. Commission
Sociis; It is a fundamental principle of statutory
on Elections
construction that words employed in a statute are
law; namely, “labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, elderly, handicapped, interpreted in connection with, and their meaning is
women, youth, veterans, overseas workers, and ascertained by reference to, the words and the phrases with
professionals.” which they are associated or related.—While the
Same; Same; The partylist organization or party must enumeration of marginalized and underrepresented sectors
factually and truly represent the marginalized and is not exclusive, it demonstrates the clear intent of the law
that not all sectors can be represented under the partylist Same; Same; Allowing the nonmatginalized and
system. It is a fundamental principle of statutory overrepresented to vie for the remaining seats under the
construction that words employed in a statute are
partylist system would not only dilute, but also prejudice
interpreted in connection with, and their meaning is
the chance of the marginalized and underrepresented,
ascertained by reference to, the words and the phrases with
which they are associated or related. Thus, the meaning of contrary to the intention of the law to enhance it.—Verily,
a term in a statute may be limited, qualified or specialized allowing the nonmarginalized and overrepresented to vie
by those in immediate association. for the remaining seats under the partylist system would
Same; Same; The partylist system seeks to enable not only dilute, but also prejudice the chance of the
certain Filipino citizens.—specifically those belonging to marginalized and underrepresented, contrary to the
marginalized and underrepresented sectors, organizations intention of the law to enhance it. The partylist system is a
and parties—to be elected to the House of Representatives, tool for the benefit of the underprivileged; the law could not
and the assertion of the Office of the Solicitor General that have given the same tool to others, to the prejudice of the
the partylist system is not exclusive to the marginalized intended beneficiaries.
and underrepre Same; Same; Constitutional Law; Statutory
702 Construction; Verba Legis; The fundamental principle in
702 SUPREME COURT REPORTS constitutional construction is that the primary source from
ANNOTATED
which to ascertain constitutional intent or purpose is the
Ang Bagong Bayani-OFW Labor Party vs. Commission
language of the provision itself.—The fundamental principle
on Elections
in constitutional construction, however, is that the primary
sented disregards the clear statutory policy.—The source from which to ascertain constitutional intent or
declared policy of RA 7941 contravenes the position of the purpose is the language of the provision itself. The
Office of the Solicitor General (OSG). We stress that the presumption is that the words in which the constitutional
partylist system seeks to enable certain Filipino citizens— provisions are couched express the objective sought to be
specifically those belonging to marginalized and
attained. In other words, verba legis still prevails. Only
underrepresented sectors, organizations and parties—to be
when the meaning of the words used is unclear and
elected to the House of Representatives. The assertion of
equivocal should resort be made to extraneous aids of
the OSG that the partylist system is not exclusive to the
construction and interpretation, such as the proceedings of
marginalized and underrepresented disregards the clear
the Constitutional Commission or Convention, in order to
statutory policy. Its claim that even the superrich and
shed light on and ascertain the true intent or purpose of the
overrepresented can participate desecrates the spirit of the
provision being construed.
partylist system.
Same; Same; Same; The function of all judicial and represented in the partylist system. Fourth, a party or an
quasijudicial instrumentalities is to apply the law as they organization must not be disqualified under Section 6 of RA
find it, not to reinvent or secondguess it.—When a lower 7941. Fifth, the party or organization must not be an
court, or a quasijudicial agency like the Commission on adjunct of, or a project organized or an entity funded or
Elections, violates or ignores the Constitution or the law, its assisted by, the government. Sixth, the party must not only
action can be struck down by this Court on the ground of comply with t)ie requirements of the law. Its nominees
grave abuse of discretion. Indeed, the function of all judicial must likewise do so. Seventh, not only candidate party or
and quasijudicial instrumentalities is to apply the law as organization must represent marginalized and
they find it, not to reinvent or secondguess it. underrepresented sectors. So also must its
703
nominees. Eighth, while lacking a welldefined political
VOL. 359, JUNE 26, 2001 703 constituency, the nominee must likewise be able to
Ang Bagong Bayqni-OFW Labor Party vs. Commission contribute to the formulation and enactment of appropriate
on Elections legislation that will benefit the nation as a whole.
Same; Same; Guidelines for Screening PartyList
Participants,—The Court, therefore, deems it proper to VITUG, J,, Separate (Dissenting) Opinion:
remand the case to the Comelec fqr the latter to determine,
after summary evidentiary hearings, whether the 154 Election Law; PartyList System; Neither Article 6,
parties and organizations allowed to participate in the Section 5(2) of the Constitution, nor R.A. 7941 intended to
partylist elections comply with the requirements of the guarantee representation to all sectors of society and, let
law. In this light, the Court finds it appropriate to lay down
alone, hand it over only to underrepresented and
the following guidelines, culled from the law and the
marginalized sectors.—It would seem to me that, construed
Constitution, to assist the Comelec in its work. First, the
along with Section 3(d) of the statute, defining a “sectoral
political party, sector, organization or coalition must
party,” the enumeration was intended to qualify only
represent the marginalized and underrepresented groups
“sectoral parties” and not the other eligible groups (e.g.,
identified in Section 5 of RA 7941. Second, while even major
political parties, sectoral organizations and coalitions).
political parties are expressly allowed by RA 7941 and the
Neither Article 6, Section 5(2), nor R,A, 7941 intended to
Constitution to participate in the partylist system, they
guarantee representation to all sectors of society and, let
must comply with the declared statutory policy enabling
alone, hand it over only to underrepresented and
Filipino citizens belonging to marginalized and
marginalized sectors. The real aim, if the will of the
underrepresented sectors to be elected to the House of
majority of the Commissioners were to be respected, was to
Representatives. Third, the religious sector may not be introduce the concept of partylist representation.
Same; Same; Words and Phrases; “Political Party,” coalitions and aggrupation acquire the status of
“Sectoral Party,” “Sectoral Organization,” and “Coalition,” “candidates” and their nominees relegated to mere agents.—
Defined; The partylist system is limited to four groups—1) A feature of the partylist system is that political parties,
political parties, 2) sectoral parties, 3) sectoral sectoral groups and organizations, coalitions and
704 aggrupation acquire the status of “candidates” and their
704 SUPREME COURT REPORTS nominees relegated to mere agents. Thus, if a partylist
ANNOTATED representative dies, becomes physically incapacitated,
Ang Bagong Bayani-OFW Labor Party vs. Commission removed from office by the party or the organization he
represents, resigns, or is disqualified during his term, his
on Elections
party can send another person to take his place for the
organizations, and 4) coalitions.—The partylist
remaining period, provided the replacement is next in
system is limited to four groups—1) political parties, 2)
succession in the list of nominees submitted to the
sectoral parties, 3) sectoral organizations, and 4) coalitions.
COMELEC upon registration. Furthermore, a partylist
A political party is an organized group of citizens
representative who switches party affiliations during his
advocating an ideology, or platform, principles or policies
term forfeits his seat. So, also, if a person changes his
for the general conduct of government and which, as the
sectoral affiliation within 6 months before the election, he
most immediate means of securing their adoption, regularly
will not be eligible for nomination in partylist
nominates and supports certain of its leaders and members
representative under his new party or organization.
as candidates for public office. A sectoral party is an
Same; Same; Constitutional Law; Statutory
organized group of citizens belonging to identifiable sectors,
such as those enumerated in Article 6, Section 5(2), of the Construction; Judicial Legislation; Courts are bound to
1987 Constitution, which includes the labor, peasant, urban suppose that any inconveniences involved in the application
poor, indigenous cultural communities and women and of constitutional provisions according to their plain terms
those added by R.A. 7941 like the fisherfolk, elderly, and import have been considered in advance and accepted
handicapped, veterans, overseas workers and professionals. as less intolerable than those avoided, or as compensated by
A sectoral organization is a group of citizens who share the
countervailing advantages; The ponencia itself, in ruling as
same or similar attributes or characteristics, employment,
interests or concerns. Coalition is an aggrupation of duly it does, may unwittingly, be crossing the limits of judicial
registered national, regional, sectoral parties or review and treading the dangerous waters of judicial
organizations for election purposes. legislation, and more importantly, of a constitutional
Same; Same; A feature of the partylist system is that amendment.—The polestar in the constructions of
political parties, sectoral groups and organizations, constitutions always remains—“effect
705
VOL. 359, JUNE 26, 2001 705 urban poor, indigenous cultural communities, women, and
Ang Bagong Bayani-OFW Labor Party vs. Commission youth sectors.—“The most important single factor in
on Elections determining the intention of the people from whom the
must be given to the intent of the framers of the Constitution emanated is the language in which it is
organic law and of the people adopting it.” The law, in its expressed.” The text of Art. VI, §5(1)(2) is quite clear. It
clear formulation cannot give this tribunal the elbowroom provides for a partylist system of “registered, regional, and
for construction. Courts are bound to suppose that any sectoral parties or organizations,” not for sectoral
inconveniences involved in the application of constitutional representation. Only for three consecutive terms following
provisions according to their plain terms and import have the ratification of the Constitution and only with respect to
been considered in advance and accepted as less intolerable onehalf of the seats allotted to partylist representatives
than those avoided, or as compensated by countervailing does it allow sectoral representation. Textually, Art. VI,
advantages. The ponencia itself, in ruling as it does, may §5(1)(2) provides no basis for petitioners’ contention that
unwittingly, be crossing the limits of judicial review and whether it is sectoral representation or partylist system
treading the dangerous waters of judicial legislation, and the purpose is to provide exclusive representation for
more importantly, of a constitutional amendment. While, “marginalized sectors,” by which term petitioners mean the
the lament of herein petitioners is understandable, the labor, peasant, urban poor, indigenous cultural
remedy lies not with this Court but with the people communities, women, and youth sectors.
themselves through an amendment of their work as and Same; Same; Same; Same; To the extent that it assures
when better counsel prevails. parties or candidates a percentage of seats in the legislature
that reflects their public support, the partylist system
MENDOZA, J., Dissenting opinion:
enables marginalized and underrepresented sectors to
obtain seats in the House of Representatives.—Under the
Election Law; PartyList System; Constitutional
partylist system, a party or candidate need not come in first
Law; Statutory Construction; The most important single
in order to win seats in the legislature. On the other hand,
factor in determining the intention of the people from whom in the “winnertakeall” single
the Constitution emanated is the language in which it is 706
expressed; Textually, Art. VI, §5(1)(2) of the Constitution 706 SUPREME COURT REPORTS
provides no basis for petitioners’ contention that whether it ANNOTATED
is sectoral representation or partylist system the purpose is Ang Bagong Bayani-OFW Labor Party vs. Commission
to provide exclusive representation for “marginalized
on Elections
sectors,” by which term petitioners mean the labor, peasant,
seat district, the votes cast for a losing candidate are partylist system is for the ‘marginalized’ as termed by
wasted as only those who vote for the winner are Comm. Villacorta and the ‘underrepresented’ as termed by
represented. To the extent then that it assures parties or Comm. Monsod, which he defined as those which are
candidates a percentage of seats in the legislature that “always third or fourth place in each of the districts.”
reflects their public support, the partylist system enables Same; Same; Same; The Supreme Court cannot hold
marginalized and underrepresented sectors (such as, but that the partylist system is reserved for the labor, peasants,
not limited to, the labor, peasant, urban poor, indigenous
urban poor, indigenous cultural communities, women, and
cultural communities, women, and youth sectors) to obtain
youth without changing entirely the meaning of the
seats in the House of Representatives. Otherwise, the
partylist system does not guarantee to these sectors seats Constitution which in fact mandates exactly the opposite of
in the legislature. the reserved seats system when it provides in Art. IX, C, §6
Same; Same; Same; Same; The deliberations of the that “A free and open party system shall be allowed to evolve
Constitutional Commission show that the partylist system according to the free choice of the people, subject to the
is not limited to the “marginalized and underrepresented” provisions of this Article.”—A problem was placed before the
sectors referred to by petitioners, but that it is a type of Constitutional Commission that the existing “winnertake
proportional representation intended to give voice to those all” oneseat district system of election leaves blocks of
voters underrepresented. To this problem of
who may not have the necessary number to win a seat in a
underrepresentation two solutions were proposed: sectoral
district but are sufficiently numerous to give them a seat representation and partylist system or proportional
nationwide.—The deliberations of the Constitutional representation. The Constitutional Commission chose the
Commission show that the partylist system is not limited partylist system, This Court cannot hold that the partylist
to the “marginalized and underrepresented” sectors system is reserved for the labor,
referred to by petitioners, i.e., labor, peasants, urban poor, 707
indigenous cultural communities, women, and the youth, VOL. 359, JUNE 26, 2001 707
but that it is a type of proportional representation intended Ang Bagong Bayani-OFW Labor Party vs. Commission
to give voice to those who may not have the necessary on Elections
number to win a seat in a district but are sufficiently peasants, urban poor, indigenous cultural
numerous to give them a seat nationwide. It, therefore, communities, women, and youth as petitioners contend
misreads the debates on Art. VI, §5(1)(2) to say that without changing entirely the meaning of the Constitution
“Although Commissioners Villacorta and Monsod differed in which in fact mandates exactly the Opposite of the reserved
their proposals as to the details of the partylist system, seats system when it provides in Art. IX, C, §6 that “A free
both proponents worked within the framework that the and open party system shall be allowed to evolve according
to the free choice of the people, subject to the provisions of Juan Carlos T. Cuna and Antonio Dollete
this Article.” Thus, neither textual nor historical
&Associates for Partido ng Masang Pilipino.
consideration yields support for the view that the partylist
system is designed exclusively for labor, peasant, urban Buhag, Kapunan, Migallos & Perez for Aksyon
poor, indigenous cultural communities, women, and youth Demokratiko.
sectors. Tonisito M.C. Umali for Liberal Party.
Yulo and Bello Law Offices for LAKASNUCD
SPECIAL CIVIL ACTIONS in the Supreme Court.
UMDP.
Certiorari.
Ceferino Padua Law Office, Gerardo A. Del
The facts are stated in the opinion of the Court. Afundo Law Office and Antonio R. Bautista &
Neri, Javier, Colmenares for petitioner Bayan Partners for Bagong Bayani Organization.
Muna. 708
directly participate in this electoral window.
11, 2001, Bayan Muna and Bayan MunaYouth also
“It will be noted that as defined, the ‘partylist system’ is
filed a Petition for Cancellation of Registration and
a ‘mechanism of proportional representation’ in the election
of representatives to the House of Representatives from Nomination against some of herein respondents. 5
710
Petition, docketed as GR No. 147589, assailed Comelec
710 SUPREME COURT REPORTS ANNOTATED
Omnibus Resolution No. 3785. In its Resolution dated
Ang Bagong Bayani-OFW Labor Party vs. Commission on
April 17, 2001, the Court directed respondents to
10
Elections
more importantly the sufficiency of the Manifestations or
comment on the Petition within a nonextendible
evidence on the Motions for Reconsiderations or period of five days from notice. 11
Oppositions.” 3
_______________
On April 10, 2001, Akbayan Citizens Action Party filed
before the Comelec a Petition praying that “the names 3
Ibid., pp. 2122; rollo, pp. 4849.
of [some of herein respondents] be deleted from the 4
Rollo (GR No. 147589), pp. 272273.
Rollo (GR No. 147589), pp. 250263.
‘Certified List of Political Parties/Sectoral
5
6
Rollo (GR No. 147589), pp. 282283.
Parties/Organizations/Coalitions Participating in the 7
See rollo (GR No. 147613), p. 223.
Party List System for the May 14, 2001 Elections’ and
TSN (GR No. 147589 and 147613), May 17, 2001, p. 49.
8
During the hearing on May 17, 2001, the Court
Rollo (GR No. 147589), pp. 473.
9
directed the parties to address the following issues:
Rollo (GR No. 147589), p. 74.
10
to ‘marginalized and underrepresented’ sectors and
Issues: organizations.
3. “4.Whether or not the Comelec committed grave See the May 17, 2001 Resolution, p. 2; rollo (GR No. 147613), p.
16
Resolution No. 3785.” 16
The Petitions are partly meritorious. These cases registration, a manifestation to participate, and the names of
nominees under the partylist system of representation in connection
should be remanded to the Comelec which will
with the May 14, 2001 national and local elections.
determine, after summary evidentiary hearings, OSG’s Memorandum, pp. 614; rollo (GR No. 147613), pp. 151
19
whether the 154 parties and organizations enumerated 159.
in the assailed Omnibus Resolution satisfy the 713
requirements of the Constitution and RA 7941, as VOL. 359, JUNE 26, 2001 713
specified in this Decision. Ang Bagong Bayani-OFW Labor Party vs. Commission on
First Issue: Elections
Recourse Under Rule 65 in the partylist elections of 2001. Indeed, under both
the Constitution and the Rules of Court, such
20
power includes the duty of the courts of justice to settle actual Finally, procedural requirements “may be glossed
controversies involving rights which are legally demandable and over to prevent a miscarriage of justice, when the issue
enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the
involves the principle of social justice x x x when the
part of any branch or instrumentality of the Government.” decision sought to be set aside is a nullity, or when the
SECTION 1. What pleadings are not allowed.—The following
21
need for relief is extremely urgent and certiorari is the
pleadings are not allowed: only adequate and speedy remedy available.” 26
x x x x x x x x x
Second Issue:
d) motion for reconsideration of an en banc ruling, resolution,
order or decision except in election offense cases; Participation of Political Parties
x x x x x x x x x In its Petition, Ang Bagong BayaniOFW Labor Party
Docketed as SPA 01113. As earlier noted, Akbayan also filed
contends that “the inclusion of political parties in the
22
before the Comelec a similar Petition, docketed as SPA01109. See
Annexes 1 and 2, Comment of the Office of the Solicitor General; rollo partylist system is the most objectionable portion of
(GR No. 147589), pp. 250 et seq. and 266 et seq. the questioned Resolution.” For its 27
714
714 SUPREME COURT REPORTS ANNOTATED _______________
Ang Bagong Bayani-OFW Labor Party vs. Commission on 23
Section 1, Rule 65. See Filoteo v. Sandiganbayan, 263 SCRA
Elections
222, October 16, 1996; BF Corporation v. CA, 288 SCRA 267, March
and adequate remedy. It has been held that certiorari
23
this Constitution.
SCRA 811, per Panganiban, J.
“Sec. 8. Political parties, or organizations or
Petition of Ang Bagong BayaniOFW Labor Party, p. 15; rollo
27
(GR No, 147589), p. 18. coalitions registered under the partylist system, shall not be
715 represented in the voter’s registration boards, boards of
VOL. 359, JUNE 26, 2001 715 election inspectors, boards of canvassers, or other similar
Ang Bagong Bayani-OFW Labor Party vs. Commission on bodies. However, they shall be entitled to appoint poll
Elections watchers in accordance with law.” 30
part, Petitioner Bayan Muna objects to the During the deliberations in the Constitutional
participation of “major political parties.” On the other
28
Commission, Comm. Christian S. Monsod pointed out
hand, the Office of the Solicitor General, like the that the participants in the partylist system may “be
impleaded political parties, submits that the a regional party, a sectoral party, a national party,
Constitution and RA No. 7941 allow political parties to UNIDO, Magsasaka, or a regional party in Min
31
to win a seat in Congress. He explained: The purpose
34 Record of the Constitutional Commission, Vol. II, p. 570.
33
of this is to open the system. In the past elections, we Record of the Constitutional Commission, Vol. II, p. 86.
34
717
found out that there were certain groups or parties
VOL. 359, JUNE 26, 2001 717
that, if we count their votes nationwide, have about
Ang Bagong Bayani-OFW Labor Party vs. Commission on
1,000,000 or 1,500,000 votes. But they were always
Elections
third or fourth place in each of the districts. So, they “x x x x x x x x x
have no voice in the Assembly. But this way, they “For purposes of the May 1998 elections, the first five (5)
would have five or six representatives in the Assembly major political parties on the basis of party representation
even if they would not win individually in legislative in the House of Representatives at the start of the Tenth
districts. So, that is essentially the mechanics, the Congress of the Philippines shall not be entitled to
purpose and objectives of the partylist system.” participate in the partylist system.
For its part, Section 2 of RA 7941 also provides for “x x x x x x x x x
“a partylist system of registered national, regional Indubitably, therefore, political parties—even the
and sectoral parties or organizations or coalitions major ones—may participate in the partylist elections.
thereof, x x x.” Section 3 expressly states that a “party” Third Issue:
is “either a political party or a sectoral party or a Marginalized and Underrepresented
That political parties may participate in the partylist other sectors as may be provided by law, except the
elections does not mean, however, that any political religious sector.” (Emphasis supplied.)
party—or any organization or group for that matter—
may do so. The requisite character of these parties or Notwithstanding the sparse language of the provision,
organizations must be consistent with the purpose of a distinguished member of the Constitutional
the partylist system, as laid down in the Constitution Commission declared that the purpose of the partylist
and RA 7941. Section 5, Article VI of the Constitution, provision was to give “genuine power
provides as follows: 718
718 SUPREME COURT REPORTS ANNOTATED
1. “(1)The House of Representatives shall be composed Ang Bagong Bayani-OFW Labor Party vs. Commission on
of not more than two hundred and fifty Elections
members, unless otherwise fixed by law, who shall to our people” in Congress. Hence, when the provision
be elected from legislative districts apportioned was discussed, he exultantly announced: “On this first
among the provinces, cities, and the Metropolitan day of August 1986, we shall, hopefully, usher in a new
Manila area in accordance with the number of their chapter to our national history, by giving genuine
respective inhabitants, and on the basis of a power to our people in the legislature.” 35
specialized by those in immediate association. 38
_______________
Azarcon v. Sandiganbayan, 268 SCRA 747, February 26,
37
overrepresented can participate desecrates the spirit of
1997; Ramirez v. CA, 248 SCRA 590, September 28, 1995. the partylist system.
82 C.J.S. Statutes §331.
Indeed, the law grafted to address the peculiar
38
721
VOL. 359, JUNE 26, 2001 721 disadvantages of Payatas hovel dwellers cannot be
appropriated by the mansion owners of Forbes Park.
Ang Bagong Bayani-OFW Labor Party vs. Commission on
Elections The interests of these two sectors are manifestly
The PartyList System Desecrated disparate; hence, the OSG’s position to treat them
similarly defies reason and common sense. In contrast,
by the OSG Contentions
and with admirable candor, Atty. Lorna Patajo
Notwithstanding the unmistakable statutory policy, Kapunan admitted during the Oral Argument that a
42
sectors of society.” In fact, it contends that any party
39
While the business moguls and the megarich are,
or group that is not disqualified under Section 6 of RA 40
numerically speaking, a tiny minority, they are neither
7941 may participate in the elections. Hence, it marginalized nor un
admitted during the Oral Argument that even an
_______________
organization representing the super rich of Forbes
Park or Dasmarinas Village could participate in the OSG Comment, p. 18; rollo (GR No. 147589), p. 244.
39
partylist elections. 41
Infra.
40
Counsel of Aksyon Demokratiko.
position of the Office of the Solicitor General (OSG).
42
TSN, May 17, 2001, pp. 178180.
43
and simply to give them a direct voice in Congress and reads: “A free and open party system shall be allowed to evolve
in the larger affairs of the State. In its noblest sense, according to the free choice of the people, subject to the provisions of
this Article.”
the partylist system truly empowers the masses and
723
ushers a new hope for genuine change. Verily, it VOL. 359, JUNE 26, 2001 723
invites those marginalized and underrepresented in
Ang Bagong Bayani-OFW Labor Party vs. Commission on
the past—the farm hands, the fisher folk, the urban Elections
poor, even those in the underground movement—to Representatives through the simplest scheme
come out and participate, as indeed many of them possible. Logic shows that the system has been opened
45
let that flicker of hope be snuffed out. The clear state Only when the meaning of the words used is unclear
policy must permeate every discussion of the and equivocal should resort be made to extraneous
qualification of political parties and other aids of construction and interpretation, such as the
organizations under the partylist system. proceedings of the Constitutional Commission or
Convention, in order to shed light on and ascertain the
_______________ true intent or purpose of the provision being
construed. 47
45
Section 2 of RA 7941 states in part as follows: “x x x. Towards
this end, the State shall develop and guarantee a full, free and open
Indeed, as cited in the Separate Opinion of Justice
party system in order to attain the broadest possible representation Mendoza, this Court stated in Civil Liberties Union v.
of party, sectoral or group interests in the House of Representatives
Executive Secretary that “the debates and proceedings
48
of the constitutional convention [may be consulted] in Section 5, Article VI of the Constitution, relative to
order to arrive at the reason and purpose of the the partylist system, is couched in clear terms: the
resulting Constitution x x x only when other guides mechanics of the system shall be provided by
fail as said proceedings are powerless to vary the law. Pursuant thereto, Congress enacted RA 7941. In
terms of the Constitution when the meaning is clear. understanding and implementing partylist
Debates in the constitutional convention ‘are of value representation, we should therefore look at the law
as showing the views of the individual members, and first. Only when we find its provisions ambiguous
as indicating the reason for their votes, but they give should the use of extraneous aids of construction be
us no light as to the views of the large majority who resorted to.
did not talk, much less of the mass or our fellow But, as discussed earlier, the intent of the law is
citizens whose votes at the polls gave that instrument obvious and clear from its plain words. Section 2
the force of fundamental law. We think it safer to thereof unequivocally states that the partylist system
construe the constitution from what appears upon its of electing congressional representatives was designed
face’ The to “enable underrepresented sectors, organizations and
_______________ parties, and who lack welldefined political
constituencies but who could contribute to the
JM Tuason & Co., Inc. v. Land Tenure Administration, 31
46
formulation and enactment of appropriate legislation
SCRA 413, February 18, 1970; cited in Ruben C. Agpalo, Statutory that will benefit the nation as a whole x x x.” The
Construction, 1990 ed., p. 311. See also Gold Creek Mining Corp. v.
criteria for participation is well defined. Thus, there is
Rodriguez, 66 Phil. 259,264(1938).
no need for recourse to constitutional deliberations,
See Agpalo, ibid., p. 313.
47
not even to the proceedings of Congress. In any event,
194 SCRA 317, February 22, 1991, per Fernan, C.J.;
48
quoting Commonwealth v. Ralph, 111 Pa 365, 3 Atl. 220.
the framers’ deliberations merely express their
725 individual opinions and are, at best, only persuasive in
VOL. 359, JUNE 26, 2001 725 construing the meaning and purpose of the
Ang Bagong Bayani-OFW Labor Party vs. Commission on constitution or statute.
Elections Be it remembered that the constitutionality or
proper interpretation therefore depends more on how validity of Sections 2 and 5 of RA 7941 is not an issue
it was understood by the people adopting it than in the here. Hence, they remain parts of the law, which must
framers’ understanding thereof.” be applied plainly and simply.
Fourth Issue: Certificates of Canvass, preferred poll watchers x x x.”
Grave Abuse of Discretion We note, however, that this accreditation does not
From its assailed Omnibus Resolution, it is manifest refer to the partylist election, but, inter alia, to the
that the Comelec failed to appreciate fully the clear election of district representatives for the purpose of
policy of the law and the Constitution. On the determining which parties would be entitled to
contrary, it seems to have ignored the facet of the watchers under Section 26 of Republic Act No. 7166.
partylist system discussed above. The OSG as its What is needed under the present circumstances,
counsel admitted before the Court that any group, however, is a factual determination of whether
even the nonmarginalized and overrepresented, could respondents herein and, for that matter, all the 154
field candidates in the partylist elections. previously approved groups, have the necessary
726 qualifications to participate in the partylist elections,
726 SUPREME COURT REPORTS ANNOTATED pursuant to the Constitution and the law.
Ang Bagong Bayani-OFW Labor Party vs. Commission on Bayan Muna also urges us to immediately rule out
Elections Respondent Mamamayan Ayaw sa Droga (MAD),
When a lower court, or a quasijudicial agency like the because “it is a government entity using government
Commission on Elections, violates or ignores the resources and privileges.” This Court, however, is not a
Constitution or the law, its action can be struck down trier of facts, It is not equipped to receive evidence
51
quasijudicial instrumentalities is to apply the law as _______________
they find it, not to reinvent or secondguess it. 50
major political parties in the May 14, 2001 elections. It 1999; Inciong, Jr. v. CA, 257 SCRA 578, June 26, 1996; Palomado v.
argues that because of this, they have the “advantage NLRC, 257 SCRA 680, June 28, 1996; Heirs of the Late Teodoro
of getting official Comelec Election Returns, Guaring,
727 underrepresented. And it must demonstrate that in a
VOL. 359, JUNE 26, 2001 727 conflict of interests, it has chosen or is likely to choose
Ang Bagong Bayani-OFW Labor Party vs. Commission on the interest of such sectors.
Elections Second, while even major political parties are
Basic rudiments of due process require that
expressly allowed by RA 7941 and the Constitution to
respondents should first be given an opportunity to
participate in the partylist system, they must comply
show that they qualify under the guidelines
with the declared statutory policy of enabling “Filipino
promulgated in this Decision, before they can be
citizens belonging to marginalized and
deprived of their right to participate in and be elected
underrepresented sectors x x x to be elected to the
under the partylist system.
House of Representatives.” In other words, while they
Guidelines for Screening
are not disqualified merely on the ground that they are
PartyList Participants political parties, they must show, however, that they
The Court, therefore, deems it proper to remand the represent the interests of the marginalized and
case to the Comelec for the latter to determine, after underrepresented. The counsel of Aksyon Demokratiko
summary evidentiary hearings, whether the 154 and other simi
parties and organizations allowed to participate in the
_______________
partylist elections comply with the requirements of
the law. In this light, the Court finds it appropriate to Jr. v. CA, 269 SCRA 283, March 7, 1997; Sebreño v. Central
lay down the following guidelines, culled from the law Board of Assessment Appeals, 270 SCRA 360, March 24, 1997; PCGG
and the Constitution, to assist the Comelec in its work. v. Cojuangco, Jr., 302 SCRA 217, January 27, 1999.
728
First, the political party, sector, organization or
728 SUPREME COURT REPORTS ANNOTATED
coalition must represent the marginalized and
Ang Bagong Bayani-OFW Labor Party vs. Commission on
underrepresented groups identified in Section 5 of RA
Elections
7941. In other words, it must show—through its
larly situated political parties admitted as much
constitution, articles of incorporation, bylaws, history,
during the Oral Argument, as the following quote
platform of government and track record—that it
shows:
represents and seeks to uplift marginalized and
“JUSTICE PANGANIBAN: I am not disputing that in
underrepresented sectors. Verily, majority of its
my question. All I am saying is, the political party
membership should belong to the marginalized and
must claim to represent the marginalized and _______________
underrepresented sectors?
TSN, May 17, 2001, p. 180.
52
yes.”52
(GR No. 147589), p. 19.
Record of the Constitutional Commission, Vol. I, p. 636.
Third, in view of the objections directed against the
54
53
729
registration of Ang Buhay Hayaang Yumabong, which VOL. 359, JUNE 26, 2001 729
is allegedly a religious group, the Court notes the Ang Bagong Bayani-OFW Labor Party vs. Commission on
express constitutional provision that the religious Elections
sector may not be represented in the partylist system. REV. RIGOS. Not at all, but I am objecting to anybody
The extent of the constitutional proscription is who represents the Iglesia ni Kristo, the Catholic
demonstrated by the following discussion during the Church, the Protestant Church et cetera.” 55
deliberations of the Constitutional Commission: Furthermore, the Constitution provides that “religious
“MR. OPLE. x x x In the event that a certain religious denominations and sects shall not be registered.” The 56
sect with nationwide and even international prohibition was explained by a member of the 57
networks of members and supporters, in order to Constitutional Commission in this wise: “[T]he
circumvent this prohibition, decides to form its own prohibition is on any religious organization registering
political party in emulation of those parties I had as a political party. I do not see any prohibition here
mentioned earlier as deriving their inspiration and
against a priest running as a candidate. That is not
philosophies from wellestablished religious faiths,
prohibited here; it is the registration of a religious sect
will that also not fall within this prohibition?
as a political party.” 58
Christian S. Monsod.
57 elected to the House of Representatives.
Record of the Constitutional Commission. Vol. I, p. 634.
58
Sixth, the party must not only comply with the
See also §11, Comelec Resolution No. 3307A.
59
requirements of the law; its nominees must likewise do
730
so. Section 9 of RA 7941 reads as follows:
730 SUPREME COURT REPORTS ANNOTATED
“SEC. 9. Qualifications of PartyList Nominees.—No person
Ang Bagong Bayani-OFW Labor Party vs. Commission on
shall be nominated as partylist representative unless he is
Elections a naturalborn citizen of the Philippines, a registered voter,
a resident of the Philippines for a period of not less than
one (1) year immediately preceding the day of the election, genuine representation to the marginalized and
able to read and write, a bona fide member of the party or underrepresented.
organization which he seeks to represent for at least ninety Eighth, as previously discussed, while lacking a
(90) days preceding the day of the election, and is at least welldefined political constituency, the nominee must
twentyfive (25) years of age on the day of the election.
likewise be able to contribute to the formulation and
In case of a nominee of the youth sector, he must at least
enactment of appropriate legislation that will benefit
be twentyfive (25) but not more than thirty (30) years of
age on the day of the election. Any youth sectoral the nation as a whole. Senator Jose Lina explained
representative who attains the age of thirty (30) during his during the bicameral committee proceedings that “the
term shall be allowed to continue in office until the nominee of a party, national or regional, is not going to
expiration of his term.” represent a particular district x x x.” 61
Epilogue
_______________
The linchpin of this case is the clear and plain policy of
60
See §2 (4), Article IX (B) of the Constitution. See also Article 261 the law: “to enable Filipino citizens belonging to
(o), BP 881. marginalized and underrepresented sectors,
731 organizations and parties, and who lack welldefined
VOL. 359, JUNE 26, 2001 731 political constituencies but who could contribute to the
Ang Bagong Bayani-OFW Labor Party vs. Commission on formulation and enactment of appropriate legislation
Elections that will benefit the nation as a whole, to become
Seventh, not only the candidate party or organization members of the House of Representatives.”
must represent marginalized and underrepresented Crucial to the resolution of this case is the
sectors; so also must its nominees. To repeat, under fundamental social justice principle that those who
Section 2 of RA 7941, the nominees must be Filipino have less in life should have more in law. The party
citizens “who belong to marginalized and list system is one such tool intended to benefit those
underrepresented sectors, organizations and parties.” who have less in life. It gives the great masses of our
Surely, the interests of the youth cannot be fully people genuine hope and genuine power. It is a
represented by a retiree; neither can those of the message to the destitute and the prejudiced, and even
to those in the underground, that change is possible. It
urban poor or the working class, by an industrialist. To
is an invitation for them to come out of their limbo and
allow otherwise is to betray the State policy to give
seize the opportunity.
_______________ Considering the extreme urgency of determining the
winners in the last partylist elections, the Comelec is
61
The bicameral conference committee on the disagreeing
provision of Senate Bill No. 1913 and House Bill No. 3040, January directed to begin its hearings for the parties and
31, 1994, p. 4. organizations that appear to have garnered such
732 number of votes as to qualify for seats in the House of
732 SUPREME COURT REPORTS ANNOTATED Representatives. The Comelec is further DIRECTED
Ang Bagong Bayani-OFW Labor Party vs. Commission on to submit to this Court its compliance report within 30
Elections days from notice hereof.
Clearly, therefore, the Court cannot accept the The Resolution of this Court dated May 9, 2001,
submissions of the Comelec and the other respondents directing the Comelec “to refrain from proclaiming any
that the partylist system is, without any qualification, winner” during the last partylist election, shall
open to all. Such position does not only weaken the remain in force until after the Comelec itself will have
electoral chances of the marginalized and complied and reported its compliance with the
underrepresented; it also prejudices them. It would gut foregoing disposition.
the substance of the partylist system. Instead of This Decision is immediately executory upon the
generating hope, it would create a mirage. Instead of Commission on Elections’ receipt thereof. No
enabling the marginalized, it would further weaken pronouncement as to costs.
them and aggravate their marginalization. SO ORDERED.
In effect, the Comelec would have us believe that
Melo, Puno, Kapunan, Pardo, Buena and Gonz
the partylist provisions of the Constitution and RA
7941 are nothing more than a play on dubious words, a agaReyes, JJ., concur.
mockery of noble intentions, and an empty offering on Davide, Jr. (C.J.) and Bellosillo, J., In the
the altar of people empowerment. Surely, this could result.
not have been the intention of the framers of the Vitug, J., Please see dissenting opinion.
Constitution and the makers of RA 7941. 733
WHEREFORE, this case is REMANDED to the VOL. 359, JUNE 26, 2001 733
Comelec, which is hereby DIRECTED to immediately Ang Bagong Bayani-OFW Labor Party vs. Commission
conduct summary evidentiary hearings on the on Elections
qualifications of the partylist participants in the light Mendoza, J., See dissenting opinion.
of the guidelines enunciated in this Decision.
Quisumbing, De Leon, Jr. and Sandoval SECTORS AS MAY BE PROVIDED BY LAW, EXCEPT
Gutierrez, JJ., Join the dissenting opinion of Justice V. THE RELIGIOUS SECTOR.—
Mendoza. was the result of longdrawn deliberations and
compromises.
YnaresSantiago, J., Abroad on Official
Immediately, after the resumption of the next
Business.
Congress, then president Corazon C. Aquino,
SEPARATE (DISSENTING) OPINION
exercising her transitory appointing powers, assigned
to the reserved seats in the Lower House,
VITUG, J.:
representatives of the labor, peasant, urban poor,
The 1987 Constitution, crafted at a time when the indigenous cultural communities, women and youth
euphoria of the 1986 People Power had barely sector. The assignment was made from a selected list
subsided, recognized the vigor infused by civilian of names submitted by the sectors themselves. The
society in a cleansing political reform and focused itself sectors would continue to enjoy these reserved seats
on institutionalizing civilian participation in daily for the next three terms; thenceforth, they would have
governance. A cause for concern was the nottoo to participate in an electoral contest to secure their
unlikely perpetuation of a single party in power—a representation in Congress.
734
convenient contrivance for authoritarian rule. Article
734 SUPREME COURT REPORTS ANNOTATED
VI, Section 5, subsection 2, of the 1987 Charter—
Ang Bagong Bayani-OFW Labor Party vs. Commission on
THE PARTYLIST REPRESENTATIVES SHALL
CONSTITUTE TWENTY PER CENTUM OF THE TOTAL
Elections
NUMBER OF REPRESENTATIVES INCLUDING THOSE Article 6, Section 5(2), however, not being self
UNDER THE PARTY LIST FOR THREE CONSECUTIVE executing, would wait for the legislature to ordain the
TERMS. AFTER THE RATIFICATION OF THIS enabling law. Congress was to be circumscribed by the
CONSTITUTION, ONEHALF OF THE SEATS terms expressed in Article 6, Section 5(2).—First, the
ALLOCATED TO PARTYLIST REPRESENTATIVE system should only apply to the election of 20% of the
SHALL BE FILLED, AS PROVIDED BY LAW, BY total composition of the House of
SELECTION OR ELECTION FROM THE LABOR, Representatives, second, it would prescribe a
PEASANT, URBAN POOR, INDIGENOUS CULTURAL
mandatory proportional representation scheme,
COMMUNITIES, WOMEN, YOUTH, AND SUCH OTHER
and, third,it would allow participating parties and
organizations to be represented in voter’s registration
boards, board of election inspectors, parties and organized sectoral groups still in dire need of election
organizations or similar entities. logistics and machinery. Arguing that the system is
On 03 March 1995, Republic Act 7941, also known open to the underrepresented and marginalized
as “An Act Providing for the Election of PartyList sectors, as well as other parties but only on the
Representatives Through the PartyList System, and condition that the latter field sectoral candidates
Appropriating Funds Therefor,” was enacted. The themselves, herein petitioner sought the
enabling law laid the basis for COMELEC Resolution disqualification of the large major political parties and
No. 2847, issued on July 1996, prescribing the “Rules groups which do not represent any “genuine” sectoral
and Regulations Governing the Elections of the Party interest.
List Representatives through the PartyList System.” 735
In the May 1998 first partylist elections, the sectors VOL. 359, JUNE 26, 2001 735
were required, to test, for the first time, their political Ang Bagong Bayani-OFW Labor Party vs. Commission on
mettle in an open electoral contest with other parties, Elections
groups and organizations under a partylist system. A perusal of the novel electoral engineering,
While the elections had a lowvoter turnout, seen introduced by the Constitution into the electoral
largely as a result of public unawareness of an system, would show the pertinent provisions to be
electoral innovation, the recent 2001 multiparty list stoically quiet on the qualifications of a party, group or
elections, however, were different. This time, a huge coalition to participate under the partylist system.
number of parties, groups and coalitions applied for Instead, it has opted to rely on a subsequent statutory
registration with, and subsequently obtained enactment to provide for the system’s focal particulars,
accreditation from, the COMELEC. Six of these groups which now lead us to the enabling law itself. Section 2
were established political parties, namely PARTIDO of R.A. 7941 reads—
NG MASANG PILIPINO, LAKAS NUCDUMDP, “The State shall promote proportional representation in the
election of representatives to the House of Representatives
NATIONALIST PEOPLE’S COALITION, LABAN NG
through a partylist system of registered national, regional
DEMOKRATIKONG PILIPINO, AKSYON
and sectoral parties or organizations or coalitions thereof,
DEMOKRATIKO, LIBERAL PARTY, which will enable the Filipino citizens belonging to the
NACIONALISTA PARTY and PDPLABAN. marginalized and underrepresented sectors, organizations
The instant petition prays for the exclusion of these and parties, and who lacked welldefined political
major parties on the ground that their participation constituencies but who could contribute to the formulation
does not level the playing field for less known and less and enactment of appropriate legislation that will benefit
the nation as a whole, to become members of the House of recognized this concern when it banned the first five
Representatives. Towards this end, the State shall develop major political parties on the basis of party
and guarantee a full, free and open party system in order to 736
attain the broadest possible representation of party, 736 SUPREME COURT REPORTS ANNOTATED
sectoral or group interests in the House of Representatives, Ang Bagong Bayani-OFW Labor Party vs. Commission on
by enhancing their chances to compete for and win seats in Elections
the legislature, and shall provide the simplest scheme representation in the House of Representatives from
possible.”
participating in the partylist system for the first
The draft provisions on what was to become Article VI,
partylist elections held in 1998 (and to be
Section 5, subsection (2), of the 1987 Constitution took
automatically lifted starting with the 2001 elections).
off from two staunch positions—the first headed by
The advocates for permanent seats for sectoral
Commissioner Villacorta, advocating that of the 20 per
representatives made an effort towards a compromise
centum of the total seats in Congress to be allocated to
—that the partylist system be open only to
partylist representatives half were to be reserved to
underrepresented and marginalized sectors. This
appointees from the marginalized and
proposal was further whittled down by allocating only
underrepresented sectors. The proposal was opposed
half of the seats under the partylist system to
by some Commissioners. Mr. Monsod expressed the
candidates from the sectors which would garner the
difficulty in delimiting the sectors that needed
required number of votes. The majority was
representation. He was of the view that reserving
unyielding. Voting 1922, the proposal for permanent
seats for the marginalized and underrepresented
seats, and in the alternative the reservation of the
sectors would stunt their development into full
partylist system to the sectoral groups, was voted
pledged parties equipped with electoral machinery
down. The only concession the Villacorta group was
potent enough to further the sectoral interests to be
able to muster was an assurance of reserved seats for
represented. The Villacorta group, on the other hand,
selected sectors for three consecutive terms after the
was apprehensive that pitting the unorganized and
enactment of the 1987 Constitution, by which time
lessmoneyed sectoral groups in an electoral contest
they would be expected to gather and solidify their
would be like placing babes in the lion’s den, so to
electoral base and brace themselves in the multiparty
speak, with the bigger and more established political
electoral contest with the more veteran political
parties ultimately gobbling them up. R.A. 7941
groups.
The system, designed to accommodate as many presupposes that every underrepresented sector be
groups as possible, abhors the monopoly of represented in Congress. This impression of sectoral
representation in the Lower House. This intent is based representation stems from the provisions of
evident in the statutory imposition of the threeseat Article 6, Section 5(2), of the Constitution, as well as
cap, which prescribes the limit to the number of seats R.A. 7941, in enumerating specific sectors to be
that may be gained by a party or organization. Votes 1
represented. In holding that the party list system is
garnered in excess of 6% of the total votes cast do not open only to the underrepresented and marginalized
entitle the party to more than three seats. sectors, the ponenciaplaces much reliance on Section 5
There is no express provision of the Constitution or of R.A. 7941:
in the enabling law that disallows major political
“SEC. 5. Registration.—Any organized group of persons
parties from participating in the partylist system and, may register as a party, organization or coalition for
at the same time, from fielding candidates for
purposes of the partylist system by filing with the
legislative district representatives. COMELEC not later than ninety (90) days before the
election a petition verified by its president or secretary
Perhaps the present controversy stems from a
stating its desire to participate in the partylist system as a
confusion of the actual character of the partylist
system. At first glance, it gives the impression of beingnational, regional or sectoral party or organization or a
a combination of proportional representation for non coalition of such parties or organizations, attaching thereto
its constitution, bylaws, platform or program of
traditional parties and sectoral representation. The
government, list of officers, coalition agreement and other
first, proportional representation, on one end, is
relevant information as the COMELEC may
intended for no other reason than to open up the
require: Provided,That the sectors shall include labor
electoral process for broader participation and
peasant, fisherfolk, urban poor, indigenous cultural
representation. Sectoral representation on the other,
communities, elderly, handicapped, women, youth, veterans,
_______________ overseas workers, and professionals.
“The COMELEC shall publish the petition in at least
1
Section 11(b), R.A. 7941. two (2) national newspapers of general circulation.
737
“The COMELEC shall, after due notice and hearing,
VOL. 359, JUNE 26, 2001 737 resolve the petition within fifteen (15) days from the date it
Ang Bagong Bayani-OFW Labor Party vs. Commission on was submitted for decision but in no case not later than
Elections sixty (60) days before election.”
It would seem to me that, construed along with Section those added by R.A. 7941 like the fisherfolk, elderly,
3(d) of the statute, defining a “sectoral party,” the handicapped, veterans, overseas workers and
enumeration was intended to qualify only “sectoral professionals. A sectoral organization is a group of
parties” and not the other eligible groups (e.g., political citizens who share the same or similar attributes or
parties, sectoral organizations and coalitions). Neither characteristics, employment, interests or concerns.
Article 6, Section 5(2), nor R.A. 7941 intended to Coalition is an aggrupation of duly registered national,
guarantee representation to all sectors of society and, regional, sectoral parties or organizations for election
let alone, hand it over only to underrepresented and purposes.
marginalized sectors. The real aim, if the will of the A party or organization desiring to join the party
majority of the Commissioners were to be respected, list system is required to register with the COMELEC,
was to introduce the concept of partylist together with a list of its five nominees for partylist
representation. representatives, arranged according to the group’s
The partylist system is limited to four groups—1) order of preference. In every election for the House of
political parties, 2) sectoral parties, 3) sectoral Representatives, each voter casts two votes—one for
organizations, and 4) coalitions. A political party is an the district representative of his choice and another for
organized group of citizens advocating an ideology, or the party or organization of his choice. The votes cast
platform, principles or policies for the general conduct for the parties and organizations are totaled
of government and which, as the most immediate nationwide. In contrast to the election of all other
means of secur officials where the rule of plurality (i.e., the candidate
738 with the highest number of votes wins) is adopted, the
738 SUPREME COURT REPORTS ANNOTATED number of seats under the partylist system depends
Ang Bagong Bayani-OFW Labor Party vs. Commission on on the number of votes received in proportion to the
Elections total number of votes cast nationwide. On the basis of
ing their adoption, regularly nominates and supports
the number of registered voters in the recent elections,
certain of its leaders and members as candidates for
a group under the partylist system, should get
public office. A sectoral party is an organized group of
approximately half a million votes to be entitled to one
citizens belonging to identifiable sectors, such as those
seat.
enumerated in Article 6, Section 5(2), of the 1987
At the center stage of this controversy are the
Constitution, which includes the labor, peasant, urban
political parties themselves. Undeniably, political
poor, indigenous cultural communities and women and
parties are an important feature in both democratic
and authoritarian regimes. By legitimizing the candidates, with the exception of the additional
3
conducting campaigns, encouraging partisan actually belong to the sector which they purport to
attachments and generally educating the public,represent, otherwise, there can be no true
stimulating voter participation and providing varying representation. A nominee of the youth sector is
5
ground for potential leaders. Advocates commend the however, attain the age of 30 during his term, he is
multiparty allowed to continue until the expiration thereof. Once 7
739 elected, partylist representatives also enjoy the same
VOL. 359, JUNE 26, 2001 739 term, rights and privileges as do district
Ang Bagong Bayani-OFW Labor Party vs. Commission on representatives, except that
Elections
as allowing the expression and the compromise of the _______________
many interests of a complex society, including a range
Bernas, pp. 355358.
2
of ideological differences, conflicting political values The Constitutional qualifications for legislative districts
3
and philosophies. Section 6 of the 1987 Constitution is representatives apply to partylist nominees—
explicit—“A free and open party system shall be Section 6, Article 6, 1987 Constitution. No person shall be a member of the
House of Representatives unless he is a naturalborn citizen of the
allowed to evolve according to the free choice of the Philippines, and on the day of the election, at least twentyfive years of age,
people.” The multiparty system of proportional
2
able to read and write, and except the partylist representative, a registered
voter in the district in which he shall be elected, and a resident thereof for a
representation broadens the composition of the House
period not less than one year immediately preceding the day of the elections.
of Representatives to accommodate sectors and Sections 8, R.A. 7941.
4
Ibid.
small parties.
7
740
A partylist nominee is subject to basically the same
740 SUPREME COURT REPORTS ANNOTATED
qualifications applicable to legislative districts
Ang Bagong Bayani-OFW Labor Party vs. Commission on
Elections construction. Courts are bound to suppose that any
they are not entitled to the Countrywide Development inconveniences involved in the application of
Fund (CDF). 8 constitutional provisions according to their plain terms
A feature of the partylist system is that political and import have been considered in advance and
parties, sectoral groups and organizations, coalitions accepted as less intolerable than those avoided, or as
and aggrupation acquire the status of “candidates” and compensated by countervailing
their nominees relegated to mere agents. Thus, if a advantages. The ponenciaitself, in ruling as it does,
12
partylist representative dies, becomes physically may unwittingly, be crossing the limits of judicial
incapacitated, removed from office by the party or the review and
organization he represents, resigns, or is disqualified
during his term, his party can send another person to _______________
take his place for the remaining period, provided the See the plenary deliberations (2nd reading) of House Bill No.
8
Whitman vs. Oxford National Bank, 176 US 559, 44 L. Ed. 587,
11
who switches party affiliations during his term forfeits 20 Set. 477.
his seat. So, also, if a person changes his sectoral
9
People ex rel. Snowball vs. Pendegast, 96 Cal. 289 St. 126, 110
12
affiliation within 6 months before the election, he will NE 485.
not be eligible for nomination in partylist 741
representative under his new party or organization. 10
VOL. 359, JUNE 26, 2001 741
The argument raised by petitioners could not be Ang Bagong Bayani-OFW Labor Party vs. Commission on
said to have been overlooked as they precisely were the Elections
same points subjected to intense and prolonged treading the dangerous waters of judicial legislation,
deliberations by the members of the Constitutional and more importantly, of a constitutional amendment.
Commission. While, the lament of herein petitioners is
And, the polestar in the constructions of understandable, the remedy lies not with this Court
constitutions always remains—“effect must be given to but with the people themselves through an
the intent of the framers of the organic law and of the amendment of their work as and when better counsel
people adopting it.” The law, in its clear formulation
11
prevails.
cannot give this tribunal the elbowroom for
WHEREFORE, I regret my inability to concur with Partido ng Masang Pilipino (PMP),
my colleagues in their judgment. I am thus Lakas NUCD-UMDP (LAKAS NUCD-UMDP),
constrained to vote for the dismissal of the petitions. Nationalist Peoples’ Coalition (NPC),
SEPARATE OPINION Laban ng Demokratikong Pilipino (LDP),
Aksyon Demokratiko (AKSYON),
MENDOZA, J., dissenting: Partido Demokratiko Pilipino Lakas ng Bayan
(PDP-LABAN),
I vote to dismiss the petitions in these cases. I will 742
presently explain my vote, but before I do so it seems 742 SUPREME COURT REPORTS ANNOTATED
to me necessary to state briefly the facts and the Ang Bagong Bayani-OFW Labor Party vs. Commission on
issues. Elections
The Facts Liberal Party (LP),
Nacionalista Party (NP),
Petitioner Ang Bagong BayaniOFW Labor Party Ang Buhay Hayaang Yumabong
(OFW for short) is the political agency of the Overseas
Filipino Workers Movement, a nonstock and non Organizations/Coalitions:
profit organization. On the other hand, petitioner
Bayan Muna is a political party representing peasants, Citizens Drug Watch Foundation, Inc. (DRUG
workers, women, the youth, and other marginalized WATCH),
sectors. Both were accredited by the Commission on
Mamamayan Ayaw sa Droga (MAD),
Go! Go! Philippines Movement (GO, GO
Elections in connection with the election for partylist
PHILIPPINES),
representatives on May 14, 2001.
The True Marcos Loyalist (MARCOS
Petitioners brought these suits—in G.R. No.
LOYALIST),
147589, for certiorari and, in G.R. No. 147613, for
Philippine Local Autonomy Movement, Inc.
certiorari, prohibition, and mandamus—for the (PLAM),
purpose of seeking the annulment of the registration of Citizens Movement for Justice, Economy
the following parties classified as “political parties” Environment and Peace
and “organizations/coalitions” by the Commission on
Elections: (JEEP),
The Issues
It cites the proviso of Art. VI, §5(2) of the Constitution
that The issues in these cases actually come down to the
For three consecutive terms after the ratification of this following:
Constitution, onehalf of the seats allocated to partylist
representatives shall be filled, as provided by law, by 1. (1)Whether the petitions filed in these cases should
selection or election from the labor peasant, urban poor, be dismissed for failure of petitioners to exhaust
indigenous cultural communities, women, youth, and such administrative remedies in the COMELEC; and
other sectors as may be provided by law, except the
religious sector, 2. (2)Whether the partylist system is exclusively for
as proof that ““marginalized” sectors are not entitled to “marginalized and underrepresented” sectors of
permanent seats in the House of Representatives. In society.
any event, it is contended
We shall deal with these issues in the order they are
_______________ stated.
Memorandum for Petitioner Bayan Muna, 1718.
1
Discussion
Memorandum for the COMELEC, 2324.
2
744 I.
744 SUPREME COURT REPORTS ANNOTATED While it is true that petitioner Bayan Muna has filed
Ang Bagong Bayani-OFW Labor Party vs. Commission on petitions for the disqualification of respondents, the
Elections fact is that when the petitions in these cases were filed
that petitioners’ recourse is not to this Court but to the on April 16 and 17, 2001, the elections were just a
COMELEC because whether a party, organization, or month away, and there was doubt whether a
resolution of the petitions for disqualifications was sectors is answered in the affirmative will it be
forthcoming. In fact, up to the time of the elections on necessary to determine the status of respondents.
May 14, 2001, the cases were still unresolved. II.
Petitioners, therefore, had no other “plain, speedy, and At the core of the controversy in these cases is the
adequate remedy in the ordinary course of law” within following provision of the Constitution:
the meaning of Rule 65, §§12 of the Code of Civil
ART. VI, §5(1) The House of Representatives shall be
Procedure and were justified in resorting to the
composed of not more than two hundred fifty members,
extraordinary remedies of certiorari, prohibition, and unless Otherwise fixed by law, who shall be elected from
mandamus. legislative districts apportioned among the provinces, cities,
and the Metropolitan Manila area in accordance with the
From another point of view, there is no need for
petitioners to await formal resolution of their petitions number of their respective inhabitants, and on the basis of
a uniform and progressive ratio, and those who, as provided
as the COMELEC had already indicated in press
by law, shall be elected through a partylist system of
statements its stand that parties, organizations, or
registered national, regional, and sectoral parties or
coalitions, whether or not representing “marginalized organizations.
and underrepresented” sectors, could participate in the (2) The partylist representatives shall constitute
elec twenty per centum of the total number of representatives
745
including those under the partylist. For three consecutive
VOL. 359, JUNE 26, 2001 745 terms after the ratification of this Constitution, onehalf of
Ang Bagong Bayani-OFW Labor Party vs. Commission on the seats allocated to partylist representatives shall be
Elections filled, as provided by law, by selection or election from the
tion for the partylist system—a fact confirmed by it in labor, peasant, urban poor, indigenous cultural
its comment and memorandum in these cases. There is communities, women, youth, and such other sectors as may
thus no basis for insisting that petitioners should have be provided by law except the religious sector.
exhausted administrative remedies before coming to To carry out this provision of the Constitution,
this Court. Congress enacted the PartyList System Act (R.A. No.
Nor are the issues raised in these cases factual as 7941), the pertinent provisions of which read:
the statement of the second issue above plainly shows. SEC. 2. Declaration of Party.—The State shall promote
It is only if the question whether the partylist system proportional representation in the election of
is limited to, “marginalized and underrepresented” representatives to the House of Representatives through a
partylist system of registered national, regional and
sectoral parties or organizations or coalitions thereof, which 1. (a)The parties, organizations, and coalitions shall be
will enable Filipinp citizens belonging to marginalized and ranked from the highest to the lowest based on the
underrepresented sectors, organizations and parties, and number of votes they garnered during the elections.
who lack welldefined po
746 2. (b)The parties, organizations, and coalitions
746 SUPREME COURT REPORTS ANNOTATED receiving at least two percent (2%) of the total votes
Ang Bagong Bayani-OFW Labor Party vs. Commission on cast for the partylist system shall be entitled to
Elections one seat each; Provided,That those garnering more
litical constituencies but who could contribute to the than two percent (2%) of the votes shall be entitled
formulation and enactment of appropriate legislation that to additional seats in proportion to their total
will benefit the nation as a whole, to become members of number of votes: Provided, finally, That each party,
the House of Representatives. Towards this end, the State organization, or coalition shall be entitled to
shall develop and guarantee a full, free and open party not more than three (3) seats.
system in order to attain the broadest possible
representation of party, bsectoral or group interests in the
The most important single factor in determining the
House of Representatives by enhancing their chances to
intention of the people from whom the Constitution
compete for and win seats in the legislature, and shall
provide the simplest scheme possible. emanated is the language in which it is
expressed.” The text of Art. VI, §5(1)(2) is quite clear.
SEC. 11. Number of PartyList Representatives.—The
3
Registration Commission, 102 Phil. 596, 627 (1957).
747
VOL. 359, JUNE 26, 2001 747 partylist system enables marginalized and
Ang Bagong Bayani-OFW Labor Party vs. Commission on underrepresented sectors (such as, but not limited to,
Elections the labor, peasant, urban poor, indigenous cultural
petitioners’ contention that whether it is sectoral communities, women, and youth sectors) to obtain
representation or partylist system the purpose is to seats in the House of Representatives. Otherwise, the
provide exclusive representation for “marginalized partylist system does not guarantee to these sectors
sectors,” by which term petitioners mean the labor, seats in the legislature.
peasant, urban poor, indigenous cultural communities, This is the method of representation adopted in the
women, and youth sectors. Constitution as answer to the problem of
Indeed, the two systems of representation are not underrepresentation.
identical. Partylist representation is a type of In arguing that the partylist system is exclusively
proportional representation designed to give those who for the “marginalized and underrepresented sectors,”
otherwise cannot win a seat in the House of petitioner Bayan Muna argues that the constitutional
Representatives in district elections a chance to win if intent in adopting the partylist system must be
they have sufficient strength on a nationwide basis. (In searched for in the deliberations of the Constitutional
this sense, these groups are considered “marginalized Commission.
and underrepresented.”) Under the partylist system, 748
representatives are elected from multiseat districts in 748 SUPREME COURT REPORTS ANNOTATED
proportion to the number of votes received in contrast Ang Bagong Bayani-OFW Labor Party vs. Commission on
to the “winnertakeall” singleseat district in which, Elections
even if a candidate garners 49.9% of the votes, he gets The polestar of constitutional interpretation has been
no seat. stated by this Court in Civil Liberties Union v.
Thus, under the partylist system, a party or Executive Secretary, as follows:
4
On the other hand, Tadeo objected on the ground that _______________
if allowed to participate in the partylist system, the
Id. at 254, session of Friday, July 25, 1986.
10
parties. He said: Id. at 257.
12
MR. TADEO. . . . .Kapag inilagay natin ang party list, 753
papasukin ng political parties. Mangigibabaw at VOL. 359, JUNE 26, 2001 753
kakainin din niyan hanggang mawala ang sektor. 11
Ang Bagong Bayani-OFW Labor Party vs. Commission on
MR. TADEO. Ang punto lamang namin, pag Elections
pinayagan mo ang UNIDO na isang political party, These realities convince us that there are no spokesmen
it will dominate the party list at mawawalang and legislators who can best represent the poor, the
saysay din iyong sector. Lalamunin mismo ng underprivileged, the marginalized than those coming from
within their ranks.
political parties ang party list system. Gusto ko
13
lamang bigyan ng diin ang “reserve.” Hindi ito To Commissioner Villacorta, only reserved seats for
reserve seat sa marginalized sectors. Kung the sectors would give them effective representation:
titingnan natin itong 198 seats, reserved din ito sa MR. MONSOD. My amendment merely says that it is
political parties. THROUGH A PARTY LIST SYSTEM OF
Villacorta said he was objecting to the partylist REGISTERED NATIONAL, RE GIONAL OR
system because it would not solve the problem of SECTORAL PARTIES OR ORGANIZATIONS.
ineffective representation of the underprivileged My question is: Does the Honorable Commissioner
sectors. He said: object to this amendment?
MR. VILLACORTA. Yes, because it does not guarantee Id. at 258.
14
representatives will be reserved for the sectors. 14
754 SUPREME COURT REPORTS ANNOTATED
Because of the impasse, the discussion on Friday, July Ang Bagong Bayani-OFW Labor Party vs. Commission on
25, 1986, on §5 was suspended to allow the Elections
commissioners to come to an agreement. After one would be allowed only for two terms and only with
week, a compromise formula was reached by the two respect to onehalf of the seats allocated for partylist
groups and presented to the plenary session of the representatives. Commissioner Aquino proposed
Commission on August 1, 1986. In lieu of the phrase instead the following amendment of §5:
ELECTED THROUGH A PARTY LIST SYSTEM OF
“shall be elected from the sectors and the party list,” it
REGISTERED NATIONAL, REGIONAL AND SECTORAL
was proposed that the following be inserted in §5 of the
PARTIES OR ORGANIZATIONS, AS PROVIDED BY LAW
Draft Article: THE PARTY LIST REPRESENTATIVES SHALL
THROUGH A PARTY LIST SYSTEM OF REGISTERED CONSTITUTE TWENTY PERCENT OF THE TOTAL
NATIONAL, REGIONAL AND SECTORAL PARTIES OR MEMBERS OF THE HOUSE OF REPRESENTATIVES.
ORGANIZATIONS AS PROVIDED BY LAW. THE PARTY TWENTYFIVE OF THE SEATS ALLOCATED TO PARTY
LIST REPRESENTATIVES SHALL CONSTITUTE LIST REPRESENTATIVES SHALL BE FILLED BY
TWENTY PERCENT OF THE TOTAL MEMBERS OF THE ELECTION, AS PROVIDED BY LAW, FROM THE
HOUSE OF REPRESENTATIVES PROVIDED THAT FOR LABOR, PEASANT, URBAN POOR, WOMEN AND
THE FIRST TWO TERMS AFTER THE RATIFICATION YOUTH SECTORS
OF THIS CONSTITUTION TWENTYFIVE OF THE
When put to vote, however, Aquino’s proposal was
SEATS ALLOCATED TO PARTY LIST
defeated withnineteen (19) voting in favor, and
REPRESENTATIVES SHALL BE FILLED BY
SELECTION OR ELECTION, AS PROVIDED BY LAW
twentytwo (22) voting against. 15
FROM THE LABOR, PEASANT, URBAN POOR AND The Commission then voted on the proposed
YOUTH SECTORS. amendment of Commissioner Monsod. With only a few
However, although an agreement had apparently been minor changes, it was approved by a vote of thirtytwo
reached, the advocates of sectoral representation were (32) commissioners against none. As finally worded,
16
not satisfied that it the amendment reads:
SHALL BE FILLED AS PROVIDED BY LAW, BY
_______________ SELECTION OR ELECTION, FROM THE LABOR,
PEASANT, URBAN POOR, INDIGENOUS CULTURAL
Id. at 255.
13
COMMUNITIES, WOMEN, YOUTH, AND SUCH OTHER Indeed, the two proposals put forth by them are
SECTORS AS MAY BE PROVIDED BY LAW, EXCEPT basically different, and they do not have the same
THE RELIGIOUS SECTOR basis. What the advocates of sectoral representation
Thus, the deliberations of the Constitutional wanted was permanent reserved seats for
Commission show that the partylist system is not “marginalized sectors” by which they mean the labor,
limited to the “marginalized and underrepresented” peasant, urban poor, indigenous cultural communities,
sectors referred to by petitioners, i.e., labor, peasants, women, and youth sectors. Under Art. VI, §5(2), these
urban poor, indigenous cultural communities, women, sectors were given only onehalf of the seats in the
and the youth, but that it is a type of proportional House of Representatives and only for three terms. On
representation intended to give voice to those who may the other hand, the “third or fourth place(rs)” in
not have the necessary number to win a seat in a district elections, for whom the partylist system was
district but are sufficiently numerous to give them a intended, refer to those who may not win seats in the
seat nationwide. It, therefore, misreads the debates on districts but nationwide may be sufficiently strong to
Art. VI, §5(1) (2) to say that “Although Commissioners enable them to be represented in the House. They may
Villacorta and Monsod differed in their proposals as to include Villacorta’s “marginalized” or
the details of the “underprivileged” sectors, but they are not limited to
them. There would have been no need to give the
_______________
“marginalized sectors” onehalf of the seats for the
Id. at 584, session of Friday, Aug. 1, 1986.
15 partylist system for three terms if the two systems are
Id. at 589.
16 identical.
755 The objections raised against the accreditation of
VOL. 359, JUNE 26, 2001 755 private respondents are the same ones raised by
Ang Bagong Bayani-OFW Labor Party vs. Commission on Commissioners Villacorta, Tadeo, and Lerum, among
Elections others, to the Monsod proposal which became the
partylist system, both proponents worked within the present Art. VI, §5(1)(2), namely, that certain sectors,
framework that the partylist system is for the like labor, may not win seats in the House under the
‘marginalized’ as termed by Comm. Villacorta and the partylist system; that the big parties might gobble up
‘underrepresented’ as termed by Comm. Monsod, the sectoral parties; that the partylist system will not
which he defined as those which are ‘always third or solve the problem of ineffective representation of the
fourth place in each of the districts.’ ” 17
“underprivileged sectors.” These objections, however,
did not carry the day, as the members of the shall be allowed to evolve according to the free choice
Constitutional Commission voted 320 in favor of the of the people, subject to the provisions of this Article.”
Monsod proposal. It is noteworthy that even those who Thus, neither textual nor historical consideration
spoke against the Monsod proposal did not vote yields support for the view that the partylist system is
against it. To uphold these objections now would be to designed exclusively for labor, peasant, urban poor,
overrule the Constitutional Commission and in effect indigenous cultural communities, women, and youth
amend the Constitution. sectors. As Commissioners Ople said in supporting the
Monsod proposal:
_______________
In my opinion, this will also create the stimulus for political
Memorandum for petitioner Bayan Muna 13.
17
parties and mass organizations to seek common ground. For
756 example, we have the PDPLaban and the UNIDO. I see no
756 SUPREME COURT REPORTS ANNOTATED reason why they should not be able to make common goals
Ang Bagong Bayani-OFW Labor Party vs. Commission on with mass organizations so that the very leadership of these
parties can be transformed through the participation of
Elections
mass organizations. And if this is true of the administration
In sum, a problem was placed before the
parties, this will be true of others like the Partido ng Bayan
Constitutional Commission that the existing “winner
which is now being formed. There is no question that they
takeall” oneseat district system of election leaves will be attractive to many mass organizations. In the
blocks of voters underrepresented. To this problem of opposition parties to which we belong, there will be a
underrepresentation two solutions were proposed: stimulus for us to contact mass organizations so that with
sectoral representation and partylist system or their participation, the policies of such parties can be
proportional representation. The Constitutional radically transformed because this amendment will create
Commission chose the partylist system. This Court conditions that will challenge both the mass organizations
cannot hold that the partylist system is reserved for and the political parties to come together. And the party list
the labor, peasants, urban poor, indigenous cultural system is certainly available, although it is open to all the
parties. It is understood that the parties will enter in the
communities, women, and youth as petitioners contend
roll of the COMELEC the names of representatives of mass
without changing entirely the meaning of the
organizations affiliated with them. So that we may, in time,
Constitution which in fact mandates exactly the
develop this excellent system that they have in Europe
opposite of the reserved seats system when it provides where labor organizations and cooperatives, for example,
in Art. IX, C, §6 that “A free and open party system distribute themselves either in the Social Democratic Party
and the Christian
757 5. (5)It violates or fails to comply with laws, rules or
VOL. 359, JUNE 26, 2001 757 regulations relating to elections;
Ang Bagong Bayani-OFW Labor Party vs. Commission on
Elections 6. (6)It declares untruthful statements in its petition;
Democratic Party in Germany, and their very presence
there has a transforming effect upon the philosophies and 7. (7)It has ceased to exist for at least one (1) year; or
the leadership of those parties. 18
With respect to the cancellation of any party registered 8. (8)It fails to participate in the last two (2) preceding
under the partylist system, §6 of the PartyList elections or fails to obtain at least two per
System Act provides: centum (2%) of the votes cast under the partylist
SEC. 6. Refusal and/or Cancellation of Registration.—The system in the two (2) preceding elections for the
COMELEC may, motu proprio or upon verified complaint of constituency in which it has registered.
any interested party, refuse or cancel, after due notice and
hearing, the registration of any national, regional or Petitioners’ allegations that certain parties or
sectoral party, organization or coalition on any of the organizations, such as private respondents MAD and
following grounds: Ang Buhay Hayaang Yumabong, are disqualified
under this provision are for the COMELEC to
1. (1)It is a religious sect or denomination, organization determine after due notice and hearing. They are unfit
or association organized for religious purposes; for resolution in these proceedings.
III.
2. (2)It advocates violence or unlawful means to seek
On the other hand, the majority states:
its goal;
_______________
3. (3)It is a foreign party or organization;
II RECORD 568, session of Friday, Aug. 1, 1986.
18
——o0o——
761
© Copyright 2019 Central Book Supply, Inc. All rights reserved.
VOL. 423, FEBRUARY 24, 2004 665 factional controversies within a political party where a
Laban ng Demokratikong Pilipino vs. Commission on controlling statute or clear legal right is involved.–In the
Elections case at bar, the Party Chairman, purporting to represent
G.R. No. 161265. February 24, 2004. *
the LDP, contends that under the Party Constitution only
LABAN NG DEMOKRATIKONG PILIPINO, he or his representative, to the exclusion of the Secretary
represented by its Chairman EDGARDO J. ANGARA, General, has the authority to endorse and sign, party
nominations. The Secretary General vigorously disputes
petitioner, vs. THE COMMISSION ON ELECTIONS
this claim and maintains his own authority. Clearly, the
and AGAPITO A. AQUINO, respondents.
question of party identity or leadership has to be resolved if
Election Law; Political Parties; Commission on the COMELEC is to ascertain whether the candidates are
Elections (COMELEC); The ascertainment of the identity of legitimate party standard bearers or not. The repercussions
a political party and its legitimate officers is a matter that of the question of party identity and leadership do not end
is well within the authority of the Commission on at the validity of the endorsement of the
Elections.–The COMELEC correctly stated that “the _______________
ascertainment of the identity of [a] political party and its
legitimate officers” is a matter that is well within its EN BANC.
*
authority. The source of this authority is no other than the 666
fundamental law itself, which vests upon the COMELEC 666 SUPREME COURT REPORTS ANNOTATED
the power and function to enforce and administer all laws Laban ng Demokratikong Pilipino vs. Commission on
and regulations relative to the conduct of an election. In the Elections
exercise of such power and in the discharge of such certificates of candidacy of persons claiming to be the
function, the Commission is endowed with ample party’s standard bearer. The law grants a registered
“wherewithal” and “considerable latitude in adopting means political party certain rights and privileges, which,
and methods that will ensure the accomplishment of the naturally, redound to the benefit of its candidates. It is also
great objectives for which it was created to promote free, for this significant dimension that Sinaca is not applicable
orderly and honest elections.” in this case. As conceded in Sinacaitself, the Court will
Same; Same; The repercussions of the question of party have to assume jurisdiction to determine factional
identity and leadership do not end at the validity of the controversies within a political party where a controlling
endorsement of the certificates of candidacy of persons statute or clear legal right is involved. Verily, there is more
claiming to be the party’s standard bearer; The Supreme than one law, as well as a number of clear legal rights, that
are at stake in the case at bar.
Court will have to assume jurisdiction to determine
Same; Same; Certificates of Candidacy; Corollary to prevent this occurrence, the COMELEC has the power and
the right of a political party “to identify the people who the duty to step in and enforce the law not only to protect
the party but, more importantly, the electorate, in line with
constitute the association and to select a standard bearer
the Commission’s broad constitutional mandate to ensure
who best represents the party’s ideologies and preference” is orderly elections.
the right to exclude persons in its association and to not Same; Same; Same; To resolve the simple issue of
lend its name and prestige to those which it deems determining who as between the Party Chairman and the
undeserving to represent its ideals; A certificate of Secretary General has the authority to sign certificates of
candidacy makes known to the COMELEC that the person candidacy of the official candidates of the party, the
therein mentioned has been nominated by a duly authorized COMELEC need only to turn to the Party Constitution–it
political group empowered to act and that it reflects need not go so far as to resolve the root of the conflict
accurately the sentiment of the nominating body.–It is, between the party officials.–The only issue in this case, as
therefore, in the interest of every political party not to allow defined by the COMELEC itself, is who as between the
persons it had not chosen to hold themselves out as Party Chairman and the Secretary General has the
representatives of the party. Corollary to the right of a authority to
political party “to identify the people who constitute the 667
association and to select a standard bearer who best VOL. 423, FEBRUARY 24, 2004 667
represents the party’s ideologies and preference” is the Laban ng Demokratikong Pilipino vs. Commission on
right to exclude persons in its association and to not lend its Elections
name and prestige to those which it deems undeserving to
sign certificates of candidacy of the official candidates
represent its ideals. A certificate of candidacy makes known
of the party. Indeed, the
to the COMELEC that the person therein mentioned has
petitioners’ Manifestation and Petition before the
been nominated by a duly authorized political group
COMELEC merely asked the Commission to recognize only
empowered to act and that it reflects accurately the
those certificates of candidacy signed by petitioner Sen.
sentiment of the nominating body. A candidate’s political
Angara or his authorized representative, and no other. To
party affiliation is also printed followed by his or her name
resolve this simple issue, the COMELEC need only to turn
in the certified list of candidates. A candidate
to the Party Constitution. It need not go so far as to resolve
misrepresenting himself or herself to be a party’s candidate,
the root of the conflict between the party officials. It need
therefore, not only misappropriates the party’s name and
only resolve such questions as may be necessary in the
prestige but foists a deception upon the electorate, who may
exercise of its enforcement powers.
unwittingly cast its ballot for him or her on the mistaken
belief that he or she stands for the party’s principles. To
Same; Same; Same; The COMELEC cannot grant a COMELEC Resolution No. 6453: SEC. 7. Effect of filing
party official greater authority than what the party itself certificate of nomination.–A candidate who has not been
grants, lest the same amount to a violation of the party’s nominated by a registered political party or its duly
freedom of association.–Clearly, however, the above authorized representative, or whose nomination has not
provision presupposes that the party president, chairman or been submitted by a registered political party . . . shall be
secretarygeneral has been “duly authorized” by the party considered as an independent candidate.
to sign the certificate of candidacy. COMELEC Resolution Same; Same; Equity; For all its conceded merits, equity
No. 6453 cannot grant a party official greater authority is available only in the absence of law and not as its
than what the party itself grants, lest such Resolution replacement.–From the foregoing, it is plain that the
amount to a violation of the party’s freedom of association. COMELEC misapplied equity in the present case. For all
Same; Same; Same; The lack of a political party’s its conceded merits, equity is available only in the absence
Secretary General of authority to sign documents or to of law and not as its replacement. Equity is described as
nominate candidates for the party would not result in the justice without legality,
668
denial of due course to or the cancellation of the certificates
668 SUPREME COURT REPORTS ANNOTATED
of candidacy he may have signed on behalf of the party–the Laban ng Demokratikong Pilipino vs. Commission on
candidates are simply deemed as not nominated by the Elections
party and are considered independent candidates.–The lack which simply means that it cannot supplant, although
of Rep. Aquino’s authority to sign documents or to nominate it may, as often happens, supplement the law. The
candidates for the LDP would not result in the denial of due COMELEC should have decided the case on the basis of the
course to or the cancellation of the certificates of candidacy party constitution and election laws. It chose not to because
he may have signed on behalf of the LDP. The exclusive of its irrational fear of treading, as respondent Aquino put
ground for the denial of due course to or the cancellation of it, on “unchartered” territories. But, as shown above, these
a certificate of candidacy for any elective office is that any territories have long been charted by jurisprudence and, in
material representation contained therein as required by any case, the COMELEC need not have sailed far from the
law is false. Since the signature of Rep. Aquino was affixed shore to arrive at the correct conclusion. In truth, the
either prior to, or on the basis of, the COMELEC Resolution is indecision in the guise of equity.
challenged Resolution recognizing his authority to sign on
Same; Same; The COMELEC, by dividing a political
behalf of the LDP, the same would not constitute material
party into “wings,” effectively diffused the party’s strength
representation that is false. In such case, the candidates are
simply deemed as not nominated by the LDP and are and undeniably emasculated its chance of obtaining the
considered independent candidates pursuant to Section 7 of Commission’s nod as the dominant minority party, and by
allowing each wing to nominate different candidates, the election committees, the COMELEC has eroded the
COMELEC planted the seeds of confusion among the significance of political parties and effectively divided the
opposition. The COMELEC has lost sight of the unique
electorate, who are apt to be confounded by two candidates
political situation of the Philippines where, to paraphrase
from a single political party.– Worse, the COMELEC
Justice Perfecto’s concurring opinion in Sotto, supra, the
divided the LDP into “wings,” each of which may nominate
administration party has always been unnecessarily and
candidates for every elective position. Both wings are also
dangerously too big and the opposition party too small to be
entitled to representatives in the election committees that
an effective check on the administration. The purpose of
the Commission may create. In the event that the LDP is
according dominant status and representation to a minority
accorded dominant minority party election status, election
party is
returns of oddnumbered precincts shall be furnished the
669
Angara wing and those of evennumbered precincts, the VOL. 423, FEBRUARY 24, 2004 669
Aquino wing. By creating the two wings, the COMELEC
Laban ng Demokratikong Pilipino vs. Commission on
effectively diffused the LDP’s strength and undeniably
Elections
emasculated its chance of obtaining the Commission’s nod
precisely to serve as an effective check on the majority.
as the dominant minority party. By allowing each wing to
The COMELEC performed a disservice to the opposition
nominate different candidates, the COMELEC planted the
and, ultimately, to the voting public, as
seeds of confusion among the electorate, who are apt to be
confounded by two candidates from a single political party. its Resolution facilitated, rather than forestalled, the
division of the minority party. By splitting copies of the
In Recabo, Jr. v. Commission on Elections, this Court
election returns between the two factions, the COMELEC
declared that the electoral process envisions one candidate
has fractured both wings. The practical purpose of
from a political party for each position, and disunity and
furnishing a party with a copy of the election returns is to
discord amongst members of a political party should not be
allow it to tally the results of the elections at the precinct
allowed to create a mockery thereof. The admonition
level. Ultimately, it is a guard against fraud. Thus, resort to
against mocking the electoral process not only applies to
copies thereof may be had when the election returns are
political parties but with greater force to the COMELEC.
delayed, lost or destroyed, or when they appear to be
Same; Same; By according both wings representatives
tampered or falsified. A split party without a complete set
in the election committees, the COMELEC has eroded the of election returns cannot successfully help preserve the
significance of political parties and effectively divided the sanctity of the ballot.
opposition, and by splitting copies of the election returns Same; Same; Political parties constitute a basic
between the two factions, the COMELEC has fractured both element of the democratic institutional apparatus–in
wings.–By according both wings representatives in the modern times, the political party has become the instrument
for the organization of societies, performing an essential the COMELEC invokes the constitutional policy towards a
function in the management of succession to power, as well free and open party system. This policy, however, envisions
a system that shall “evolve according to the free choice of
as in the process of obtaining popular consent to the course
the people,” not one molded and whittled by the
of public policy.–It bears reminding respondent Commission COMELEC. When the Constitution speaks of a multiparty
of this Court’s pronouncement in Peralta v. Commission on system, it does not contemplate the COMELEC splitting
Elections, which, while made in the backdrop of a parties into two. For doing just that, this pretender to the
parliamentary form of government, holds equally true throne
under the present government structure: . . . political 670
parties constitute a basic element of the democratic 670 SUPREME COURT REPORTS ANNOTATED
institutional apparatus. Government derives its strength Laban ng Demokratikong Pilipino vs. Commission on
from the support, active or passive, of a coalition of Elections
elements of society. In modern times, the political party has of King Solomon acted whimsically and
become the instrument for the organization of societies. capriciously. Certiorarilies against it, indeed.
This is predicated on the doctrine that government exists
with the consent of the governed. Political parties perform VITUG, J., Separate Opinion:
an “essential function in the management of succession to
power, as well as in the process of obtaining popular Election Law; Political Parties; It does not appear that
consent to the course of public policy. They amass sufficient
the matter involved in this controversy is an internal matter
support to buttress the authority of governments; or, on the
contrary, they attract or organize discontent and that the political party itself should resolve–the Supreme
dissatisfaction sufficient to oust the government. In either Court is being tasked to exercise its judicial power on
case they perform the function of the articulation of the something where it should not as yet be asked.–It does
interests and aspirations of a substantial segment of the appear to me that the matter involved in this controversy is
citizenry, usually in ways contended to be promotive of the an internal matter that the political party itself should
national weal.” The assailed COMELEC Resolution does not resolve. More importantly, the petition is replete with
advance, but subverts, this philosophy behind political factual problems which this Court cannot take on. The
parties. conflicting claims of the parties, such as the alleged
Same; Same; The constitutional policy towards a free intentional inaction of Senator Angara to convene the
National Congress of the party, the disputed membership of
and open party system envisions a system that shall “evolve
the National Executive Council which passed the resolution
according to the free choice of the people,” not one molded supporting the questioned actions of petitioner Angara, the
and whittled by the COMELEC.–As if to rationalize its folly, determination of an “extraordinary and emergency”
situation that would entitle the party chairman to act, the SPECIAL CIVIL ACTION in the Supreme Court.
validity of the actions taken at the behest of respondent Certiorari.
Aquino in the National Congress on 04 December 2003, are
but a few of the factual issues which need to be first The facts are stated in the opinion of the Court.
established before any decision can conclusively be arrived Demaree J.B. Raval for LDP.
at. The absence of factual determination by the COMELEC 671
on the matters now being disputed by the parties hardly VOL. 423, FEBRUARY 24, 2004 671
makes it feasible for this Court to rightly and decisively
Laban ng Demokratikong Pilipino vs. Commission on
rule on the case. Once again, I submit, the Supreme Court
Elections
is being tasked to exercise its judicial power on something
where it should not as yet be asked. Felix D. Carao, Jr. and Mendoza & Mendoza Law
Officefor private respondent.
SANDOVALGUTIERREZ, J., Dissenting Opinion:
TINGA, J.:
Election Law; Political Parties; The issue as to who
between the party Chairman and the Secretary General The Bible tells the story of how two women came to
shall nominate its official candidates is a purely internal King Solomon to decide who among them is the baby’s
party concern, in the absence of statutes giving the courts true mother. King Solomon, in his legendary wisdom,
awarded the baby to the woman who gave up her claim
jurisdiction over the same.–The contending parties raise the
issue as who between the petitioner, as LDP Chairman, and after he threatened to split the baby into two.
the respondent, as LDP Secretary General, shall nominate It is fortunate that the two women did not ask the
its official candidates in the coming national elections. Commission on Elections (COMELEC) to decide the
Undoubtedly, this is to me a purely internal party concern, baby’s fate; otherwise, it would have cut the baby in
the determination of which rests solely within the party half. For that is what the COMELEC exactly did in
itself, in the absence of statutes giving the courts this case.
jurisdiction over the same. The party has its own machinery On December 8, 2003, the General Counsel of the
to govern such conflict. Consequently, this Court cannot Laban ng Demokratikong Pilipino (LDP), a registered
step into such private turf and dictate on the LDP party political party, informed the COMELEC by way
members who should be their official candidate for
president.
of Manifestationthat only the Party Chairman, Senator
Edgardo J. Angara, or his authorized representative
may endorse the certificate of candidacy of the party’s
official candidates. The same Manifestation stated that Rollo, p. 58.
1
672
Sen. Angara had placed the LDP Secretary General,
672 SUPREME COURT REPORTS ANNOTATED
Representative Agapito A. Aquino, on “indefinite
Laban ng Demokratikong Pilipino vs. Commission on
forced leave.” In the meantime, Ambassador Enrique Elections
A. Zaldivar was designated Acting Secretary General. On December 16, 2003, Rep. Aquino filed
The Manifestation concluded with this prayer: his Comment, contending that the PartyChairman
does not have the authority to impose disciplinary
1. A.The Honorable Commission recognizes [sic] only
sanctions on the Secretary General. As
those Certificates of Candidacy to which are
attached Certificates of Nomination executed by the Manifestation filed by the LDP General Counsel
LDP Party Chairman Edgardo J. Angara or by such has no basis, Rep. Aquino asked the COMELEC to
other officers of the LDP whom he may authorize in disregard the same.
writing, and whose written authorizations shall be On December 17, 2003, the parties agreed to file a
deposited with the Honorable Commission by the joint manifestation pending which the proceedings
LDP General Counsel. were deemed suspended. On December 22, 2003,
however, only the LDP General Counsel filed
2. B.The Honorable Commission declares [sic] as a an Urgent Manifestation reiterating the contents of the
nullity, denies [sic] due course or cancels [sic] all
December 8, 2003 Manifestation. The COMELEC also
Certificates of Candidacy not endorsed by LDP
Party Chairman Angara or by such other LDP received a Letter from Rep. Aquino stating that the
officials as may be authorized by him. parties were unable to arrive at a joint manifestation.
The next day, the LDP General Counsel filed
3. C.The Honorable Commission takes [sic] note of the a Second Urgent Manifestation disputing newspaper
designation of Ambassador Enrique “Ike” A. accounts that Rep. Aquino had suspended Sen. Angara
Zaldivar as Acting Secretary General of the LDP, as Party Chairman.
and for the Honorable Commission to honor and On December 26, 2003, the COMELEC issued
recognize the official acts, to the exclusion of
an Orderrequiring the parties to file a verified petition.
everyone, of Ambassador Zaldivar for and in behalf
of the LDP as Secretary General. 1
It turned out that, two days before, Sen. Angara had
submitted a verified Petition, in essence, reiterating
_______________ the contents of its previous Manifestations. Attached to
the Petition was a Resolution adopted by the LDP
2 Choosing Mr. Fernando Poe, Jr. as the Standard Bearer of
National Executive Council, stating: the Koalisyon ng Nagkakaisang Pilipino (KNP) for
WHEREAS, on September 25, 2003, the National Executive President of the Republic of the Philippines in the May 10,
Council of the Laban ng Demokratikong Pilipino (LDP) 2004 National Elections”;
convened and unanimously passed a resolution granting . . . .
full authority to Party Chairman Edgardo J. Angara to WHEREAS, the process of unification of the political
enter, negotiate and conclude a coalition agreement with opposition and the actions taken in connection therewith by
other likeminded opposition parties, aggrupations and Chairman Angara and by other governing bodies of the
interest groups with the sole purpose of uniting the political LDP required the taking of immediate and forceful action
opposition and fielding a unity ticket for the May 10, 2004 by them to preserve and protect the integrity, credibility,
elections; unity and solidarity of the LDP, and ensure the attainment
WHEREAS, on December 3, 2003, the LDP, together of unification of the political opposition;
with the Puwersa ng Masang Pilipino (PMP) and the WHEREAS, such immediate and forceful action include
Partido Demokratiko ng those that have to do with preemptive efforts to diffuse the
chaos, confusion and disunity projected by the
_______________
pronouncements and acts of some officers and members to
2
Resolution Ratifying and Confirming the Covenant of National the general membership of the LDP and the electorate, such
Unity, the Declaration of Unity entered into by Party Chairman Edgardo as the one taken by the Regional Committee for Region VI
J. Angara, and All Acts and Decisions taken by him to Enforce and (Western Visayas) on December 6, 2003; the enforcement of
Implement the same; Ratifying and Confirming All other Acts and
Decisions of Chairman Angara and other Governing Bodies to Preserve
order in the LDP through the voice of a central leadership
the Integrity, Credibility, Unity and Solidarity of the Party; and, further in command in an otherwise extraordinary and emergency
Reiterating the Vote of Confidence of the National Executive Council in, situation, such as the one taken by Party Chairman Angara
and support to, the continued efforts of Chairman Angara to Unite the on December 6, 2003; the filing of the Manifestation with
Political Opposition.
the COMELEC on the matter of the authored signatories
673
for the nominations and, the adoption of resolutions by the
VOL. 423, FEBRUARY 24, 2004 673
regional committees affirming their trust and confidence in
Laban ng Demokratikong Pilipino vs. Commission on Chairman Angara, and authoring him to choose the
Elections presidential standard bearer for the May 10, 2004 elections;
Pilipinas–LABAN (PDPLABAN) forged a coalition to form NOW THEREFORE, BE IT
the Koalisyon ng Nagkakaisang Pilipino (KNP); RESOLVED, AS IT IS HEREBY RESOLVED, By the
WHEREAS, the Executive Committee of the KNP National Executive Council, to ratify and confirm the
subsequently adopted its resolution entitled: “Resolution Covenant of National Unity, the Declaration of Unity
entered into by Party Chairman Edgardo J. Angara, and all The Commission identified the sole issue as “who
acts and decisions taken by him to enforce and implement among the [LDP] officers [are] authored to
the same; authenticate before the Commission that the person
RESOLVED, FURTHER, To ratify and confirm all other filing the certificate of candidacy as party nominee for
acts and decisions of Chairman Angara and other governing
a certain position is the official candidate of the party
bodies to preserve the integrity, credibility, unity and
chosen in accordance with its Constitution.” 4
solidarity of the LDP; and,
RESOLVED, FINALLY, To reiterate the vote of The COMELEC recognized that it “has the
confidence of the National Executive Council in, and authority to act on matters pertaining to ‘the
support to, the continued efforts of Chairman Angara to ascertainment of the identity of [a] political party and
unite the political opposition. 3 its legitimate officers . . .’ ” In the same breath,
5
recognized and denominated as a Dormant [sic] Minority Sen. Angara was authorized to file the Petition pursuant to a
8
he is hereby, authorized to sign, verify, and cause the filing with the Supreme
Commissioners Luzviminda G. Tancangco, Ralph C. Court, of the Petition for Certiorari from the Resolution dated January 6,
2004 of the Commission on Elections in Election Matter No. 03018 entitled:
Lantion, Resurreccion Z. Borra and Florentino A.
“In Re[:] Certificates of Candidacy of Official Candidates of the Laban ng
Tuason, Jr. concurred in the Resolution authored by Demokratikong Pilipino for the May 10, 2004 Elections, Laban ng
Demokratikong Pilipino, Petitioner.” [Rollo, p. 38.]
Commissioner Rufino S.B. Javier. Chair Benjamin S.
CONSTITUTION, art. IXC, sec. 2 (1).
9
Abalos, Sr., joined by Commissioner Mehol K. Sadain, 676
submitted dissenting opinions. 676 SUPREME COURT REPORTS ANNOTATED
Laban ng Demokratikong Pilipino vs. Commission on acts and the resolution of such controversies as the one now
Elections before it where one party appears to be divided into two
exercise of such power and in the discharge of such wings under separate leaders each claiming to be the
function, the Commission is endowed with ample president of the entire party . . . . [Emphasis supplied.]
“wherewithal” and “considerable latitude in adopting Likewise in Palmares v. Commission on Elections, to 12
created to promote free, orderly and honest elections.” 10
ruled:
Thus, in Kalaw v. Commission on Elections which . . . that the COMELEC has jurisdiction over the issue of
involved the leadership fight in the Liberal Party, this 11
leadership in a political party. Under the Constitution, the
Court held: COMELEC is empowered to register political parties [Sec.
. . . that the respondent [COMELEC] has jurisdiction to 2(5), Article IXC]. Necessarily, the power to act on behalf of
hear and decide SP Case No. 85021 [involving a petition to a party and the responsibility for the acts of such political
prohibit Eva Estrada Kalaw “from usurping or using the party must be fixed in certain persons acting as its officers.
title or position of President of the Liberal Party”] in view of In the
its powers under Article IXC, Section 2, of the Constitution
to, among others, enforce and administer all laws relative to _______________
the conduct of elections, decide all questions affecting
Sanchez v. Commission on Elections, 199 Phil. 617; 114 SCRA
10
elections, register and regulate political parties, and insure
454 (1982), citing Cauton v. Commission on Elections, L25467, April 27,
orderly elections. These powers include the determination
1967, 19 SCRA 911(1967).
of the conflicting claims made in SP Case No. 85021, which 11
G.R. No. 80218, November 5, 1987.
are likely to cause confusion among the electorate if not 12
G.R. Nos. 8617778, August 31, 1989.
resolved. Additionally, the COMELEC is mandated by the 13
Rollo, p. 46, at note 12.
677
Election Code to inter alia require candidates to specify
their political party affiliation in their certificates of
VOL. 423, FEBRUARY 24, 2004 677
candidacy, allow political parties to appoint watchers, limit Laban ng Demokratikong Pilipino vs. Commission on
the expenditures of each political party, determine whether Elections
or not a political party shall retain its registration on the exercise of the power to register political parties, the
COMELEC must determine who these officers are.
basis of its showing in the preceding elections, etc. These
Consequently, if there is any controversy as to leadership,
matters include the ascertainment of the identity of the
the COMELEC may, in a proper case brought before it,
political party and its legitimate officers responsible for its
resolve the issue incidental to its power to register political Quintessentially, where there is no controlling statute or
parties. clear legal right involved, the court will not assume
This Court then proceeded to quote from Kalaw, jurisdiction to determine factional controversies within a
supra. political party, but will leave the matter for determination
by the proper tribunals of the party itself or by the electors
The two cited decisions find support in Sumulong v.
at the polls. Similarly, in the absence of specific
Commission on Elections and Sotto v. Commission on
14
constitutional or legislative regulations defining how
Elections where this Court, in resolving the issue as to
15
nominations are to be made, or prohibiting nominations
who between the factions of a political party was from being made in certain ways, political parties may
entitled to nominate election inspectors, necessarily handle such affairs, including nominations, in such manner
settled claims to the party’s leadership. Both cases as party rules may establish. [Emphasis supplied.]
were decided without question on the COMELEC’s _______________
power to determine such claims. In conformity with
jurisprudence, this Court did not identify the 70 Phil. 703 (1940).
14
373 Phil. 896; 315 SCRA 266 (1999).
16
was heard on oral argument. 678
There is no inconsistency between the above cases 678 SUPREME COURT REPORTS ANNOTATED
on the one hand and this Court’s more recent ruling Laban ng Demokratikong Pilipino vs. Commission on
in Sinaca v. Mula on the other. In the latter case, this
16
Elections
Court held: Sinaca, unlike previous cases, did not involve the
A political party has the right to identify the people who question of party identity or leadership; hence, it was
constitute the association and to select a standard bearer not necessary for the COMELEC to delve therein.
who best represents the party’s ideologies and preference.
None of the candidates involved in that case were
Political parties are generally free to conduct their internal
claiming to be the political party’s sole candidate.
affairs free from judicial supervision; this common law
principle of judicial restraint, rooted in the constitutionally In the case at bar, the Party Chairman, purporting
protected right of free association, serves the public interest to represent the LDP, contends that under the Party
by allowing the political processes to operate without undue Constitution only he or his representative, to the
interference. Thus, the rule is that the determination of exclusion of the Secretary General, has the authority
disputes as to party nominations rests with the party, in to endorse and sign, party nominations. The Secretary
the absence of statutes giving the court’s [sic] jurisdiction. General vigorously disputes this claim and maintains
his own authority. Clearly, the question of party accredited major political parties are entitled to
identity or leadership has to be resolved if the receive copies of the certificate of canvass. 22
COMELEC is to ascertain whether the candidates are
_______________
legitimate party standard bearers or not.
The repercussions of the question of party identity OMNIBUS ELECTION CODE, sec. 60.
17
endorsement of the certificates of candidacy of persons Rep. Act No. 7166, sec. 27, as amended by Rep. Act No. 8173.
19
Rep. Act No. 6646, sec. 12.
21
privileges, which, naturally, redound to the benefit of
17
679
its candidates. It is also for this significant dimension VOL. 423, FEBRUARY 24, 2004 679
that Sinaca is not applicable in this case. As conceded Laban ng Demokratikong Pilipino vs. Commission on
in Sinaca itself, the Court will have to assume Elections
jurisdiction to determine factional controversies within Registered political parties whose candidates obtained
a political party where a controlling statute or clear at least ten percent (10%) of the total votes cast in the
legal right is involved. Verily, there is more than one
18 next preceding senatorial election shall each have a
law, as well as a number of clear legal rights, that are watcher and/or representative in the procurement and
at stake in the case at bar. watermarking of papers to be used in the printing of
The law accords special treatment to political election returns and official ballots and in the printing,
parties. The dominant majority party, the dominant numbering, storage, and distribution thereof. Finally, 23
SCRA 957.
known to the COMELEC that the person therein 27 Rep. Act. No. 6646, sec. 4.
mentioned has been nominated by a duly authorized 680
political group empowered to act and that it reflects 680 SUPREME COURT REPORTS ANNOTATED
accurately the sentiment of the nominating body. A 26
Laban ng Demokratikong Pilipino vs. Commission on
candidate’s political party affiliation is also printed Elections
followed by his or her name in the certified list of has the authority to sign and endorse certificates of
candidates. A candidate misrepresenting himself or
27 candidacy of the party’s nominees.
herself to be a party’s candidate, therefore, not only The only issue in this case, as defined by the
misappropriates the party’s name and prestige but COMELEC itself, is who as between the Party
foists a deception upon the electorate, who may Chairman and the Secretary General has the authority
unwittingly cast its ballot for him or her on the to sign certificates of candidacy of the official
mistaken belief that he or she stands for the party’s candidates of the party. Indeed, the
principles. To prevent this occurrence, the COMELEC petitioners’ Manifestation and Petition before the
has the power and the duty to step in and enforce the COMELEC merely asked the Commission to recognize
law not only to protect the party but, more only those certificates of candidacy signed by
importantly, the electorate, in line with the petitioner Sen. Angara or his authorized
Commission’s broad constitutional mandate to ensure representative, and no other.
orderly elections. To resolve this simple issue, the COMELEC need
Having revisited and clarified the jurisdiction of only to turn to the Party Constitution. It need not go so
COMELEC to rule upon questions of party identity far as to resolve the root of the conflict between the
and leadership as an incident to its enforcement party officials. It need only resolve such questions as
powers, this Court cannot help but be baffled by the may be necessary in the exercise of its enforcement
COMELEC’s ruling declining to inquire into which powers.
party officer The LDP has a set of national officers composed of,
among others, the Party Chairman and the Secretary
_______________
General. The Party Chairman is the Chief Executive
28
Rep. Act No. 6646, sec. 8.
23
Officer of the Party, whose powers and functions authorized by the LDP to sign for the Certificates of
include: Nomination of the LDP Senatorial Candidates, including
(1) To represent the Party in all external affairs and the Certificate of Nomination for Senatorial Candidate
concerns, sign documents for and on its behalf, and call the Edgardo J. Angara, a copy of said Certificate of Nomination
meetings and be the presiding officer of the National and a copy of the Certificate for Senator Edgardo J. Angara
Congress and the National Executive Council . . . . 29
are attached as Annexes “A” and “B”, respectively. This
action by Secretary General Aquino is in accordance with
The Secretary General, on the other hand, assists the
the Constitution and Bylaws of LDP, not questioned by the
Party Chairman in overseeing the daytoday
LDP signed by its Secretary General. This revocation has
operations of the Party. Among his powers and not been revoked or recalled by the National Congress of
functions is: the LDP which is the one authorized to nominate
(1) When empowered by the Party Chairman, to sign candidates for President and VicePresident, respectively. 31
documents for and on behalf of the Party . . . . 30
Assuming that Rep. Aquino previously had such
The Secretary General’s authority to sign documents, authority, this Court cannot share the COMELEC’s
therefore, is only a delegated power, which originally finding that the same “has not been revoked or
pertains to the Party Chairman. recalled.” No revocation of such authority can be more
Rep. Aquino claims that he was authorized to explicit that the totality of Sen.
exercise to sign the party candidates’ certificates of Angara’s Manifestations and Petition before the
candidacy in the previous elections. Indeed, the COMELEC, through which he informed the
COMELEC found that: Commission that Rep. Aquino’s had been placed on
_______________ indefinite forced leave and that Ambassador Zaldivar
has been designated Acting Secretary General, who
28
LDP Constitution, art. VI, sec. 1 (1) and (4). “shall henceforth exercise all the powers and functions
29
Id., sec. 5. Emphasis supplied. of the Secretary General under the Constitution and
30
Id., sec. 9. Emphasis supplied.
ByLaws of the LDP.” As the prerogative to empower
32
681
VOL. 423, FEBRUARY 24, 2004 681 Rep. Aquino to sign documents devolves upon Sen.
Laban ng Demokratikong Pilipino vs. Commission on Angara, so he may choose, at his discretion, to
Elections withhold or revoke such power.
In fact, during the May 14, 2001 elections, oppositor Both respondents Rep. Aquino and COMELEC also
Agapito “Butz” Aquino, as LDP Secretary General, was cited Section 6 of COMELEC Resolution No. 6453 as 33
basis for the Party Secretary General’s authority to Neither does the Party Secretary General have the
sign certificates of candidacy. Said Section 6 states: power to nominate the official candidates of the LDP.
SEC. 6. Certificate of nomination of official candidates by That power resides in the governing bodies of the
political party.–The certificate of nomination of registered Party. In particular, the National Congress, which is
34
therein. [Emphasis and underscoring supplied.]
Not only does Rep. Aquino insist on his power to sign
_______________ Certificates of Candidacy on behalf of the LDP but he
would also deny Sen. Angara that power on account of
Rollo, p. 45.
31
the latter’s preventive suspension. It seems, however,
Id., at pp. 57, 85.
32
and nominate candidates in behalf of the LDP, neither OMNIBUS ELECTION CODE, sec. 78.
37
684
does he have the power to enforce Party discipline or,
684 SUPREME COURT REPORTS ANNOTATED
Laban ng Demokratikong Pilipino vs. Commission on above, these territories have long been charted by
Elections jurisprudence and, in any case, the COMELEC need
SEC. 7. Effect of filing certificate of nomination.–A not have sailed far from the shore to arrive at the
candidate who has not been nominated by a registered correct conclusion. In truth, the
political party or its duly authorized representative, or COMELEC Resolution is indecision in the guise of
whose nomination has not been submitted by a registered
equity.
political party . . . shall be considered as an independent
candidate.
Worse, the COMELEC divided the LDP into
COMELEC Commissioner Sadain referred to the “wings,” each of which may nominate candidates for
every elective position. Both wings are also entitled to
above provision in his Dissenting Opinion, and this
representatives in the election committees that the
Court finds refreshing wisdom–so sorely wanting in
Commission may create. In the event that the LDP is
the majority opinion–in his suggestion that:
accorded dominant minority party election status,
All other party members representing themselves to be
candidates of the party shall not be deprived of their right
election returns
to file their respective certificates of candidacy and run for _______________
office, if so qualified, but that they shall not be accorded the
rights and privileges reserved by election laws for official Rollo, p. 50.
38
be treated as independent candidates. 38 559(1999).
From the foregoing, it is plain that the COMELEC Ibid.
40
Comment, p. 20.
misapplied equity in the present case. For all its
41
685
conceded merits, equity is available only in the VOL. 423, FEBRUARY 24, 2004 685
absence of law and not as its replacement. Equity is 39
thereof. The admonition against mocking the electoral
_______________
process not only applies to political parties but with
greater force to the COMELEC. G.R. No. 134293, June 21, 1999, 308 SCRA 793.
42
686
significance of political parties and effectively divided
the opposition. The COMELEC has lost sight of the
686 SUPREME COURT REPORTS ANNOTATED
unique political situation of the Philippines where, to Laban ng Demokratikong Pilipino vs. Commission on
Elections
paraphrase Justice Perfecto’s concurring opinion
split party without a complete set of election returns
in Sotto, supra, the administration party has always
cannot successfully help preserve the sanctity of the
been unnecessarily and dangerously too big and the
ballot.
opposition party too small to be an effective check on
It bears reminding respondent Commission of this
the administration. The purpose of according dominant
Court’s pronouncement in Peralta v. Commission on
status and representation to a minority party is
precisely to serve as an effective check on the majority. Elections, which, while made in the backdrop of a
45
dissatisfaction sufficient to oust the government. In either Comment, p. 6.
46
Puno, J., On Leave.
COMELEC. When the Constitution speaks of a multi
party system, it does not contemplate the COMELEC Vitug, J., Please see separate opinion.
splitting parties into two. For doing just that, this SandovalGutierrez, J., Please see
pretender to the throne of King Solomon acted my dissenting opinion.
whimsically and capriciously. Certiorari lies against it, Corona, J., I join in the dissenting opinion of
indeed. Justice Gutierrez.
WHEREFORE, the assailed SEPARATE OPINION
COMELEC Resolution is ANNULLED and
VITUG, J.:
The instant petition fundamentally calls on the Court Laban ng Demokratikong Pilipino vs. Commission on
to determine who between Senator Edgardo J. Angara, Elections
the Chairman and Representative Agapito A. Aquino, confirming the covenant of national unity, the
the Secretary General, of the Laban ng Demokratikong declaration of unity entered into by party Chairman
Pilipino (LDP), has the power and the authority under Edgardo J. Angara, and all acts and decisions taken by
the LDP Constitution to nominate official candidates him to enforce and implement the same; ratifying and
of the party and to correspondingly sign and endorse confirming likewise all other acts and decisions of
the certificate of nomination. The contending parties Chairman Angara, and other governing bodies to
have performed acts which they, respectively, claim to preserve the integrity, credibility, unity and solidarity
be within the mandate of the LDP Constitution. of the party; and, further reiterating the vote of
Petitioner Angara asserts that longstanding LDP confidence of the national executive council in, and
practice, as well as the provision of Section 5.5, Article support to, the continued efforts of Chairman Angara
VI, of the LDP Constitution, empowers him as the
1
to unite the political opposition,” has been adopted.
party Chairman to nominate the official candidates of Respondent Aquino assails the resolution of the
the LDP for president and vicepresident in the event National Executive Council in that, allegedly, no
that its LDP National Congress does not, or fails to, proper notices have been sent for the holding of the
convene. He states that the National Executive meeting held on 22 December 2003 and that, on the
Council has met on 22 December 2003, where thirty basis of LDP records, only thirteen (13) members of the
six (36) cut of forty (40) members of the Council council have signed and approved the resolution. He
attended, during which a resolution “ratifying and claims that Senator Angara has deliberately refused to
call a National Congress of the party. Representative
_______________
Aquino relies on his authority in past elections to sign
1
To act on such extraordinary or emergency matters, especially certificates of nomination of official candidates of LDP
those not envisioned or foreseen by this Constitution, which cannot which, according to him, has not been revoked or
await the call and holding of a meeting of the National Congress or recalled by the National Congress of the LDP. He also
the National Executive Council, upon consultation, whenever
practicable with other Party leaders; Provided, that he shall
asseverates that on 04 December 2003, during the
thereafter report any such action taken by him to the Congress or the national meeting at Club Filipino attended by
Council, whichever meets first. hundreds of members of the LDP, Senator Panfilo
688 Lacson has been nominated unanimously as the
688 SUPREME COURT REPORTS ANNOTATED party’s candidate for president in the national
elections scheduled on 10 May 2004, and that it has Once again, I submit, the Supreme Court is being
become ministerial for him, being the authorized tasked to exercise its judicial power on something
signatory of the party, to issue the certificate of where it should not as yet be asked.
nomination in favor of Senator Lacson. To the above extent, I therefore, take exceptions
It does appear to me that the matter involved in from the ruling of the majority.
this controversy is an internal matter that the political DISSENTING OPINION
party itself should resolve. More importantly, the
petition is replete with factual problems which this SANDOVALGUTIERREZ, J.:
Court cannot take on. The conflicting claims of the
parties, such as the alleged intentional inaction of The instant case arose from an internal squabble
Senator Angara to convene the National Congress of between two (2) factions of the Laban ng
the party, the disputed membership of the National Demokratikong Pilipino(LDP), a registered national
Executive Council which passed the resolution political party, which put up their respective
supporting the questioned actions of petitioner presidential candidates in the May 2004 national
Angara, the determination of an “extraordinary and elections.
emergency” situation that would entitle the party I find it necessary to state the following important
chairman to act, the validity of the actions taken at the antecedent facts culled from the parties’ pleadings,
behest of respondent Aquino in the National Congress some of which were not mentioned in the ponencia of
on 04 December 2003, are but a few of the factual
Justice Dante O. Tinga.
issues which need to be first established before any On November 28, 2003, Representative Rolex
decision can conclusively be arrived at. The absence of Suplico (5th District, Iloilo), LDP Region VI Chairman,
factual determination by the COMELEC on the filed with the Office of Representative Agapito A.
689
Aquino, LDP Secretary General, herein respondent,
VOL. 423, FEBRUARY 24, 2004 689
a complaint1 against Senator Edgardo J. Angara, LDP
Laban ng Demokratikong Pilipino vs. Commission on
Elections Chairman, herein petitioner. The complaint charges
matters now being disputed by the parties hardly petitioner with “acts of disloyalty to the party, culpable
makes it feasible for this Court to rightly and violation of the LDP Constitution and ByLaws,
decisively rule on the case. disregard of duly approved Resolution of the LDP
Executive Council, and other divisive acts inimical to Certificates of Candidacy not endorsed by petitioner
the interest of the party.” Angara or his representative; and (c) note the
On December 4, 2003, a National Consultative designation of Ambassador Enrique A. Zaldivar as
Meeting of the LDP was held at the Club Filipino, LDP Acting Secretary General, “in place of Rep.
Greenhills, San Juan, Metro Manila wherein Senator
Agapito A. Aquino” who was “placed on indefinite
Panfilo Lacson was unanimously nominated as the
forced leave as LDP Secretary General effective
party’s official candidate for president in the May 10,
2004 national elections. 2 December 6, 2003” by virtue of an Advisory dated
4
1
Annex “A” of respondent Aquino’s Answer (to Petition of committee composed of three (3) members of the
petitioner Angara) filed with the COMELEC. National Executive Council (the LDP governing body)
2
Paragraph 3 of respondent Aquino’s Answer. to investigate and recommend appropriate action
690 thereon. He likewise sent petitioner Angara a letter of 6
On December 12, 2003, the 3member Investigating
(petitioner Sen. Edgardo J. Angara) and only those
whomsoever he may authorize in writing x x x are Committee of the National Executive Council issued a
authorized to endorse, by way of a Certificate of Resolution placing petitioner on preventive suspension
7
is deemed necessary to forestall further dissention Confirming the Covenant of National Unity, the
within the party members detrimental to the party’s Declaration of Unity Entered Into by Party Chairman
image and interest.
Edgardo J. Angara, and All Acts and Decisions Taken
_______________ by Him to Enforce and Implement the Same; Ratifying
and Confirming All His Other Acts and Decisions and
3
Annex “B” of Petition.
4
Annex “A” of Manifestation. Other Governing Bodies to Preserve the Integrity,
5
Annex “B” of respondent Aquino’s Answer (to Petition of Credibility, Unity and Solidarity of the Party; and,
petitioner Angara) filed with the COMELEC.
Further Reiterating the Vote of Confidence of the
6
Annex “C,” Id.
7
Annex “D” of respondent Aquino’s Comment (on the present
National Executive Council in Support of the
Petition). Continued Efforts of Chairman Angara to Unite the
691
Political Opposition.”
VOL. 423, FEBRUARY 24, 2004 691
Among the actions/decisions of petitioner Angara
Laban ng Demokratikong Pilipino vs. Commission on
which were allegedly ratified and confirmed by the
Elections
LDP National Executive Council in
On December 16, 2003, respondent Aquino submitted
said Resolution were: (a) the creation of an opposition
his Comment on the Manifestation, claiming that he
8
694
694 SUPREME COURT REPORTS ANNOTATED 672 [2001])
Laban ng Demokratikong Pilipino vs. Commission on ––o0o––
Elections
In fine, we should not assume jurisdiction over © Copyright 2019 Central Book Supply, Inc. All rights reserved.
the petition,the issue here being purely an internal
party matter not cognizable by this Court.
ACCORDINGLY, I vote to DISMISS the instant
petition.
COMELEC Resolution annulled, petition granted in
part.
Notes.–History would also show that the “majority”
in either house of Congress has referred to the political
party to which the most number of lawmakers
belonged, while the “minority” normally referred to a
party with a lesser number of members. (Santiago vs.
Guingona, Jr., 298 SCRA 756 [1998])
Disunity and discord amongst members of a
political party should not be allowed to create a
mockery of the electoral process, which envisions one
candidate from a political party for each position.