The Senatorial Election of 1992 yielded:

15 LDP Senators
5 NPC
3 Lakas-NUCD
1 LP

Formula:
No. of senators of a political party x 12 seats

Total no. of senators elected

The resulting composition of the senate based on the rule of proportional

representation of each political party with elected representatives in the Senate, is
as follows:
Political Party/Proportional
LDP 7.5 members
NPC 2.5 members
LAKAS-NUCD 1.5 members
LP-PDP-LABAN .5 members

At the organization meeting of the Senate, Majority Floor Leader nominated 8 LDP
by rounding up 7.5 and 1LP by rounding up .5 and ignoring the fractional
membership of NPC and Lakas.

WON the action of Senate Majority Floor Leader is in accordance with the basis of
proportional representation mandated by the Constitution.

HELD:
SC lay down the following guidelines accordingly:
1) In the Senate, political party or coalition must have at least two duly elected
senators for every seat in the Commission on Appointments.
2) Where there are more than two political parties represented in the Senate, a
political party/coalition with a single senator in the Senate cannot constitutionally
claims seat in the Commission.

It is not mandatory to elect 12 Senators to the Commission on Appointment. The

Constitution do not contemplate that the COA must necessarily include 12 Senators
and 12 membership of HOR. What Constitution Requires is that at least majority of
entire membership. Under the Rules of COA, to constitute a forum the presence of
at least 13 members and at least 4 members from either house are necessary. The
COA may perform its function and transact its business even if only 10 Senators are
elected thereto as long as a quorum exist.

It may also be mentioned that while the Constitution provides for equal membership
from the Senate and the House of Representatives in the Commission on
Appointments, the senators on the one hand, and the representatives, on the other,
do not vote separately but jointly, and usually along party lines. On the other hand,
there is nothing to stop any of the political party in order to fill up the two vacancies
resulting from this decision.

The statement is merely a suggestion but not an exclusive solution. It is not part of
the disposition of the case. It does not contemplate a realignment of political
parties, as otherwise this Court would have explicitly said so. What we intimated is
merely this: That those entitled to fractional memberships may join their half-
memberships to form a full membership and together nominate one from their
coalition to the Commission on Appointments. For example, the NPC and the LAKAS-
NUCD may join their half-memberships and jointly nominate one of their own
Senators to the Commission. In the same way the LDP and the LP-PDP-LABAN may
nominate Senator Wigberto Taada to fill up the other slot to complete the
membership to twelve. But the latter, as a coalition, may not insist in electing both
Senator Taada and Senator Romulo to fill up two slots because this is certainly a
violation of the rule on proportional representation.