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.