Guingona v.

Gonzalez

Facts: As a result of national elections on May 1992, the Senate was composed by the
following by parties: LDP – IS, NPC – 5, Lakas – 3. Applying the mathematical formula
agreed by parties they are entitled to twelve seats. On the organization of the Senate,
Majority Floor Leader Romulo nominated eight senators for Commission on
Appointments. Senator Guingona objected on the nomination of Osmeña.

Issue: Whether or not the Constitution requires the election and presence of 12 senators
in the Commission?

Decision: Constitution does not require the election and presence of 12 Senators for the
Commission to function. Other instances may be mentioned of Constitutional collegial
bodies which perform their functions even if their composition is expressly specified by
the Constittion.