John Bernard T.

Aurelio August 24, 2016

Constitutional Law I Atty. Gallant Soriano

Philippine Bar Association v. The Commission on Elections,

140 SCRA 455, January 7, 1986

Facts:

A law called Batas Pambansa Bilang 883 having the title: AN ACT CALLING A SPECIAL
ELECTION FOR PRESIDENT AND VICE-PRESIDENT, PROVIDING FOR THE MANNER OF
THE HOLDING THEREOF, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES was passed on December 3, 1985 by the Unicameral Regular Batasang Pambansa.
On January 6, 1985 a petition to prohibit the snap election was submitted to the Supreme Court.
The petition was dismissed for considerations other than legal had set in; the candidates were
already in the thick of the campaign; and the people were already looking forward to the
election.

Issue:

Whether or not Batas Pambansa Bilang 883 is constitutional.

Held/ Jurisprudence:

The calling of the snap presidential elections on February 7, 1986 by the Batasang
Pambansa was held by the Supreme Court to be a political question resoluble only by the
sovereign electorate.
Justices Hugo Gutierrez, Jr., B.S. de la Fuente, Serafin R. Cuevas, Nestor B. Alampay
and Lino M. Patajo voted to DECLARE B. P. 883 unconstitutional and to grant the injunction
prayed for.
Justice Teehankee is of the opinion that inasmuch as there are less than ten votes in favor
of declaring B.P. BIg. 883 unconstitutional, the petitions in these cases are hereby dismissed
and the writs therein prayed for are denied. That this is in accordance with the opinion in
Gonzales vs. COMELEC, 21 SCRA 802 and Javellana vs. Executive Secretary, 50 SCRA 14l.