G.R. No.

L-1612 February 26, 1948

JORGE B. VARGAS, petitioner,

vs.
EMILIO RILLORAZA, JOSE BERNABE, MANUEL ESCUDERO, Judges of the People's Court, and THE SOLICITOR
GENERAL OF THE PHILIPPINES, respondents.
Claro M. Recto for petitioner.
Office of the Solicitor General Manuel Lim and Assistant Solicitor General Manuel P. Barcelona for respondents.

FACTS:

Petitioner Jose B. Vargas, in a motion dated August 28, 1947, assails the constitutionality of section 14 of the
People's Court Act (Commonwealth Act No. 682) upon the following grounds:

(a) It provides for qualification of members of the Supreme Court, other than those provided in section 6,
Article VIII of the Philippine Constitution;
(b) It authorizes the appointment of members of the Supreme Court who do not possess the qualifications set
forth in section 6, Article VIII, of the Philippine Constitution;
(c)It removes from office the members of the Supreme Court by means of a procedure other than
impeachment;
(d) It creates two Supreme Courts.

Sec. 14 of the The People's Court Act, Commonwealth Act 682,provides Any Justice of the Supreme Court who
held any office or position under the Philippine Executive
Commission or under the government called Philippine Republic may not sit and vote in any case
brought to that Court under section thirteen hereof in which the accused is a person who held any office
or position under either or both the Philippine Executive Commission and the Philippine Republic or any
branch, instrumentality and/or agency thereof.

If, on account of such disqualification, or because of any of the grounds or disqualification of judges, in
Rule 126, section 1 of the Rules of Court, or on account of illness, absence of temporary disability the
requisite number of Justices necessary to constitute a quorum or to render judgment in any case is not
present, the President may designate such number of Judges of First Instance, Judges-at-large of First
Instance, or Cadastral Judges, having none of the disqualifications set forth in said section one hereof, as may
be necessary to sit temporarily as Justice of said Court, in order to form a quorum or until a
judgment in said case is reached.

The Solicitor General, in behalf of the prosecution, opposes the motion and in support of his opposition
submits these propositions:

1. Power of Congress to enact section 14 of Commonwealth Act No. 682.

2. Section 14 of Commonwealth Act No. 682 does not and is not intended to provide an additional
qualification for members of the Supreme Court, much less does it amend section 6, Article VIII, of the
Constitution of the Philippines.

ISSUE: Whether or not Sec. 14 of CA 682 is constitutional

RATIO DECIDENDI:

Article VIII, sections 4 and 5, of the Constitution do not admit any composition of the Supreme Court other than
the Chief Justice and Associate Justices therein mentioned appointed as therein provided. And the infringement
is enhanced and aggravated where a majority of the members of the Court — as in this case — are replaced by
judges of first instance. It is distinctly another Supreme Court in addition to this. And the constitution provides
for only one Supreme Court.
Grounds for disqualification added by section 14 of Commonwealth Act No. 682 to those already existing at the
time of the adoption of the Constitution and continued by it is not only arbitrary and irrational but positively
violative of the organic law.

Constitutional requirement (Art. VIII Sec 5) provides that the members of the Supreme Court should be
appointed by the President with the consent of the COA, "Unless provided by law" in Sec 4 cannot be
construed to authorize any legislation which would alter the composition of the Supreme Court, as determined
by the Constitution.

DECISION:

No. Sec. 14 of CA 682 is unconstitutional.

For the foregoing considerations, it is declared and ordered: (a) that Section 14 of the People's Court Act is
unsconstitutional in the respects specified in the body of this resolution; and (b) that this case be dealt with
henceforward in pursuance of and in harmony with this resolution. So ordered.