Professional Documents
Culture Documents
Consti 1course Outline As of June 26
Consti 1course Outline As of June 26
6. Lot No. 1184 and the remaining portion One of the properties mentioned in the project of
of Lot No. 3416 after taking the portions partition was Lot 1184 or rather one-half thereof
awarded under item (2) and (4) above shall with an area of 15,162.5 sq. meters. This lot, which
be awarded to Luz Reyes Bakunawa, according to the decision was the exclusive
Anacorita Reyes, Ruperto Reyes, Adela property of the deceased Francisco Reyes, was
Reyes and Priscilla Reyes in equal shares, adjudicated in said project of partition to the
provided, however that the remaining plaintiffs Luz, Anacorita Ruperto, Adela, and
portion of Lot No. 3416 shall belong Priscilla all surnamed Reyes in equal shares, and
exclusively to Priscilla Reyes. when the project of partition was approved by the
trial court the adjudicatees caused Lot 1184 to be
WHEREFORE, it is respectfully prayed that subdivided into five lots denominated as Lot 1184-
the Project of Partition indicated above A to 1184-E inclusive (Exh. V).
which is made in accordance with the
decision of the Honorable Court be Lot 1184-D was conveyed to Enriqueta D. Anota, a
approved. stenographer in Judge Asuncion's court (Exhs. F, F-
1 and V-1), while Lot 1184-E which had an area of
Tacloban City, October 16, 1963. 2,172.5556 sq. meters was sold on July 31, 1964 to
Dr. Arcadio Galapon (Exh. 2) who was issued
transfer certificate of title No. 2338 of the Register
(SGD) BONIFACIO RAMO Atty. for the of Deeds of the city of Tacloban (Exh. 12).
Defendant Tacloban City
Complainant Bernardita R. Macariola filed on August 9, 1968 the instant (1) declaring that only Branch IV of the Court of
complaint dated August 6, 1968 alleging four causes of action, to wit: [1] First Instance of Leyte has jurisdiction to take
that respondent Judge Asuncion violated Article 1491, paragraph 5, of cognizance of the issue of the legality and validity
the New Civil Code in acquiring by purchase a portion of Lot No. 1184- of the Project of Partition [Exhibit "B"] and the two
E which was one of those properties involved in Civil Case No. 3010 Orders [Exhibits "C" and "C- 3"] approving the
decided by him; [2] that he likewise violated Article 14, paragraphs I and partition;
5 of the Code of Commerce, Section 3, paragraph H, of R.A. 3019,
otherwise known as the Anti-Graft and Corrupt Practices Act, Section (2) dismissing the complaint against Judge Elias B.
12, Rule XVIII of the Civil Service Rules, and Canon 25 of the Canons of Asuncion;
Judicial Ethics, by associating himself with the Traders Manufacturing
and Fishing Industries, Inc., as a stockholder and a ranking officer while
he was a judge of the Court of First Instance of Leyte; [3] that respondent (3) adjudging the plaintiff, Mrs. Bernardita R.
was guilty of coddling an impostor and acted in disregard of judicial Macariola to pay defendant Judge Elias B.
decorum by closely fraternizing with a certain Dominador Arigpa Tan Asuncion,
who openly and publicly advertised himself as a practising attorney
when in truth and in fact his name does not appear in the Rolls of (a) the sum of FOUR
Attorneys and is not a member of the Philippine Bar; and [4] that there HUNDRED THOUSAND
was a culpable defiance of the law and utter disregard for ethics by PESOS [P400,000.00] for moral
respondent Judge (pp. 1-7, rec.). damages;
Respondent Judge Asuncion filed on September 24, 1968 his answer to (b) the sum of TWO
which a reply was filed on October 16, 1968 by herein complainant. In HUNDRED THOUSAND
Our resolution of October 28, 1968, We referred this case to then Justice PESOS [P200,000.001 for
Cecilia Muñoz Palma of the Court of Appeals, for investigation, report exemplary damages;
and recommendation. After hearing, the said Investigating Justice
submitted her report dated May 27, 1971 recommending that
(c) the sum of FIFTY
respondent Judge should be reprimanded or warned in connection with
THOUSAND PESOS
the first cause of action alleged in the complaint, and for the second
[P50,000.00] for nominal
cause of action, respondent should be warned in case of a finding that
damages; and
he is prohibited under the law to engage in business. On the third and
fourth causes of action, Justice Palma recommended that respondent
Judge be exonerated. (d) he sum of TEN
THOUSAND PESOS
[PI0,000.00] for Attorney's
The records also reveal that on or about November 9 or 11, 1968 (pp. 481,
Fees.
477, rec.), complainant herein instituted an action before the Court of
First Instance of Leyte, entitled "Bernardita R. Macariola, plaintiff, versus
Sinforosa R. Bales, et al., defendants," which was docketed as Civil Case B. IN THE CASE AGAINST
No. 4235, seeking the annulment of the project of partition made THE DEFENDANT
pursuant to the decision in Civil Case No. 3010 and the two orders MARIQUITA VILLASIN, FOR
issued by respondent Judge approving the same, as well as the partition HERSELF AND FOR THE
of the estate and the subsequent conveyances with damages. It appears, HEIRS OF THE DECEASED
however, that some defendants were dropped from the civil case. For GERARDO VILLASIN —
one, the case against Dr. Arcadio Galapon was dismissed because he
was no longer a real party in interest when Civil Case No. 4234 was filed, (1) Dismissing the complaint against the
having already conveyed on March 6, 1965 a portion of lot 1184-E to defendants Mariquita Villasin and the heirs of the
respondent Judge and on August 31, 1966 the remainder was sold to the deceased Gerardo Villasin;
Traders Manufacturing and Fishing Industries, Inc. Similarly, the case
against defendant Victoria Asuncion was dismissed on the ground that
she was no longer a real party in interest at the time the aforesaid Civil (2) Directing the plaintiff to pay the defendants
Case No. 4234 was filed as the portion of Lot 1184 acquired by her and Mariquita Villasin and the heirs of Gerardo Villasin
respondent Judge from Dr. Arcadio Galapon was already sold on the cost of the suit.
August 31, 1966 to the Traders Manufacturing and Fishing industries,
Inc. Likewise, the cases against defendants Serafin P. Ramento, Catalina C. IN THE CASE AGAINST
Cabus, Ben Barraza Go, Jesus Perez, Traders Manufacturing and Fishing THE DEFENDANT
Industries, Inc., Alfredo R. Celestial and Pilar P. Celestial, Leopoldo SINFOROSA R. BALES, ET
Petilla and Remedios Petilla, Salvador Anota and Enriqueta Anota and AL., WHO WERE
PLAINTIFFS IN CIVIL CASE 1963 project of partition made pursuant to the June 8, 1963 decision, had
NO. 3010 — long become final for there was no appeal from said orders.
(1) Dismissing the complaint against defendants Furthermore, respondent Judge did not buy the lot in question on March
Sinforosa R. Bales, Adela R. Herrer, Priscilla R. 6, 1965 directly from the plaintiffs in Civil Case No. 3010 but from Dr.
Solis, Luz R. Bakunawa, Anacorita R. Eng and Arcadio Galapon who earlier purchased on July 31, 1964 Lot 1184-E from
Ruperto O. Reyes. three of the plaintiffs, namely, Priscilla Reyes, Adela Reyes, and Luz R.
Bakunawa after the finality of the decision in Civil Case No. 3010. It may
D. IN THE CASE AGAINST be recalled that Lot 1184 or more specifically one-half thereof was
adjudicated in equal shares to Priscilla Reyes, Adela Reyes, Luz
DEFENDANT BONIFACIO
Bakunawa, Ruperto Reyes and Anacorita Reyes in the project of
RAMO —
partition, and the same was subdivided into five lots denominated as
Lot 1184-A to 1184-E. As aforestated, Lot 1184-E was sold on July 31,
(1) Dismissing the complaint against Bonifacio 1964 to Dr. Galapon for which he was issued TCT No. 2338 by the
Ramo; Register of Deeds of Tacloban City, and on March 6, 1965 he sold a
portion of said lot to respondent Judge and his wife who declared the
(2) Directing the plaintiff to pay the defendant same for taxation purposes only. The subsequent sale on August 31,
Bonifacio Ramo the cost of the suit. 1966 by spouses Asuncion and spouses Galapon of their respective
shares and interest in said Lot 1184-E to the Traders Manufacturing and
Fishing Industries, Inc., in which respondent was the president and his
SO ORDERED [pp. 531-533, rec.] wife was the secretary, took place long after the finality of the decision
in Civil Case No. 3010 and of the subsequent two aforesaid orders
It is further disclosed by the record that the aforesaid decision was therein approving the project of partition.
elevated to the Court of Appeals upon perfection of the appeal on
February 22, 1971. While it appears that complainant herein filed on or about November 9 or
11, 1968 an action before the Court of First Instance of Leyte docketed as
WE find that there is no merit in the contention of complainant Civil Case No. 4234, seeking to annul the project of partition and the two
Bernardita R. Macariola, under her first cause of action, that respondent orders approving the same, as well as the partition of the estate and the
Judge Elias B. Asuncion violated Article 1491, paragraph 5, of the New subsequent conveyances, the same, however, is of no moment.
Civil Code in acquiring by purchase a portion of Lot No. 1184-E which
was one of those properties involved in Civil Case No. 3010. 'That The fact remains that respondent Judge purchased on March 6, 1965 a
Article provides: portion of Lot 1184-E from Dr. Arcadio Galapon; hence, after the finality
of the decision which he rendered on June 8, 1963 in Civil Case No. 3010
Article 1491. The following persons cannot acquire and his two questioned orders dated October 23, 1963 and November
by purchase, even at a public or judicial action, 11, 1963. Therefore, the property was no longer subject of litigation.
either in person or through the mediation of
another: The subsequent filing on November 9, or 11, 1968 of Civil Case No. 4234
can no longer alter, change or affect the aforesaid facts — that the
xxx xxx xxx questioned sale to respondent Judge, now Court of Appeals Justice, was
effected and consummated long after the finality of the aforesaid
decision or orders.
(5) Justices, judges, prosecuting attorneys, clerks of
superior and inferior courts, and other officers and
employees connected with the administration of Consequently, the sale of a portion of Lot 1184-E to respondent Judge
justice, the property and rights in litigation or having taken place over one year after the finality of the decision in Civil
levied upon an execution before the court within Case No. 3010 as well as the two orders approving the project of
whose jurisdiction or territory they exercise their partition, and not during the pendency of the litigation, there was no
respective functions; this prohibition includes the violation of paragraph 5, Article 1491 of the New Civil Code.
act of acquiring by assignment and shall apply to
lawyers, with respect to the property and rights It is also argued by complainant herein that the sale on July 31, 1964 of
which may be the object of any litigation in which Lot 1184-E to Dr. Arcadio Galapon by Priscilla Reyes, Adela Reyes and
they may take part by virtue of their profession Luz R. Bakunawa was only a mere scheme to conceal the illegal and
[emphasis supplied]. unethical transfer of said lot to respondent Judge as a consideration for
the approval of the project of partition. In this connection, We agree with
The prohibition in the aforesaid Article applies only to the sale or the findings of the Investigating Justice thus:
assignment of the property which is the subject of litigation to the
persons disqualified therein. WE have already ruled that "... for the And so we are now confronted with this all-
prohibition to operate, the sale or assignment of the property must take important question whether or not the acquisition
place during the pendency of the litigation involving the property" (The by respondent of a portion of Lot 1184-E and the
Director of Lands vs. Ababa et al., 88 SCRA 513, 519 [1979], Rosario vda. subsequent transfer of the whole lot to "TRADERS"
de Laig vs. Court of Appeals, 86 SCRA 641, 646 [1978]). of which respondent was the President and his wife
the Secretary, was intimately related to the Order of
In the case at bar, when the respondent Judge purchased on March 6, respondent approving the project of partition, Exh.
1965 a portion of Lot 1184-E, the decision in Civil Case No. 3010 which A.
he rendered on June 8, 1963 was already final because none of the parties
therein filed an appeal within the reglementary period; hence, the lot in Respondent vehemently denies any interest or
question was no longer subject of the litigation. Moreover, at the time of participation in the transactions between the
the sale on March 6, 1965, respondent's order dated October 23, 1963 and Reyeses and the Galapons concerning Lot 1184-E,
the amended order dated November 11, 1963 approving the October 16, and he insists that there is no evidence whatsoever
to show that Dr. Galapon had acted, in the purchase
of Lot 1184-E, in mediation for him and his wife. rather 1/4 thereof was adjudicated to Mrs.
(See p. 14 of Respondent's Memorandum). Macariola. It is this 1/4 share in Lot 1154 which
complainant sold to Dr. Decena on October 22,
xxx xxx xxx 1963, several days after the preparation of the
project of partition.
It is significant to note that the present Code of Commerce is the Spanish There appears no enabling or affirmative act that continued the
Code of Commerce of 1885, with some modifications made by the effectivity of the aforestated provision of the Code of Commerce after
"Commission de Codificacion de las Provincias de Ultramar," which was the change of sovereignty from Spain to the United States and then to
extended to the Philippines by the Royal Decree of August 6, 1888, and the Republic of the Philippines. Consequently, Article 14 of the Code of
took effect as law in this jurisdiction on December 1, 1888. Commerce has no legal and binding effect and cannot apply to the
respondent, then Judge of the Court of First Instance, now Associate
Upon the transfer of sovereignty from Spain to the United States and Justice of the Court of Appeals.
later on from the United States to the Republic of the Philippines, Article
14 of this Code of Commerce must be deemed to have been abrogated It is also argued by complainant herein that respondent Judge violated
because where there is change of sovereignty, the political laws of the paragraph H, Section 3 of Republic Act No. 3019, otherwise known as
former sovereign, whether compatible or not with those of the new the Anti-Graft and Corrupt Practices Act, which provides that:
sovereign, are automatically abrogated, unless they are expressly re-
enacted by affirmative act of the new sovereign.
Sec. 3. Corrupt practices of public officers. — In automatically upon the transfer of sovereignty from Spain to America,
addition to acts or omissions of public officers because it is political in nature.
already penalized by existing law, the following
shall constitute corrupt practices of any public Moreover, the prohibition in paragraph 5, Article 1491 of the New Civil
officer and are hereby declared to be unlawful:
Code against the purchase by judges of a property in litigation before
the court within whose jurisdiction they perform their duties, cannot
xxx xxx xxx apply to respondent Judge because the sale of the lot in question to him
took place after the finality of his decision in Civil Case No. 3010 as well
(h) Directly or indirectly as his two orders approving the project of partition; hence, the property
was no longer subject of litigation.
having financial or pecuniary
interest in any business,
contract or transaction in In addition, although Section 12, Rule XVIII of the Civil Service Rules
connection with which he made pursuant to the Civil Service Act of 1959 prohibits an officer or
intervenes or takes part in his employee in the civil service from engaging in any private business,
official capacity, or in which he vocation, or profession or be connected with any commercial, credit,
is prohibited by the agricultural or industrial undertaking without a written permission
Constitution or by any Iaw from the head of department, the same, however, may not fall within
from having any interest. the purview of paragraph h, Section 3 of the Anti-Graft and Corrupt
Practices Act because the last portion of said paragraph speaks of a
prohibition by the Constitution or law on any public officer from having
Respondent Judge cannot be held liable under the aforestated
paragraph because there is no showing that respondent participated or any interest in any business and not by a mere administrative rule or
regulation. Thus, a violation of the aforesaid rule by any officer or
intervened in his official capacity in the business or transactions of the
employee in the civil service, that is, engaging in private business
Traders Manufacturing and Fishing Industries, Inc. In the case at bar,
without a written permission from the Department Head may not
the business of the corporation in which respondent participated has
constitute graft and corrupt practice as defined by law.
obviously no relation or connection with his judicial office. The business
of said corporation is not that kind where respondent intervenes or takes
part in his capacity as Judge of the Court of First Instance. As was held On the contention of complainant that respondent Judge violated
in one case involving the application of Article 216 of the Revised Penal Section 12, Rule XVIII of the Civil Service Rules, We hold that the Civil
Code which has a similar prohibition on public officers against directly Service Act of 1959 (R.A. No. 2260) and the Civil Service Rules
or indirectly becoming interested in any contract or business in which it promulgated thereunder, particularly Section 12 of Rule XVIII, do not
is his official duty to intervene, "(I)t is not enough to be a public official apply to the members of the Judiciary. Under said Section 12: "No officer
to be subject to this crime; it is necessary that by reason of his office, he or employee shall engage directly in any private business, vocation, or
has to intervene in said contracts or transactions; and, hence, the official profession or be connected with any commercial, credit, agricultural or
who intervenes in contracts or transactions which have no relation to his industrial undertaking without a written permission from the Head of
office cannot commit this crime.' (People vs. Meneses, C.A. 40 O.G. 11th Department ..."
Supp. 134, cited by Justice Ramon C. Aquino; Revised Penal Code, p.
1174, Vol. 11 [1976]).
It must be emphasized at the outset that respondent, being a member of
the Judiciary, is covered by Republic Act No. 296, as amended,
It does not appear also from the records that the aforesaid corporation otherwise known as the Judiciary Act of 1948 and by Section 7, Article
gained any undue advantage in its business operations by reason of X, 1973 Constitution.
respondent's financial involvement in it, or that the corporation
benefited in one way or another in any case filed by or against it in court.
Under Section 67 of said law, the power to remove or dismiss judges
It is undisputed that there was no case filed in the different branches of
was then vested in the President of the Philippines, not in the
the Court of First Instance of Leyte in which the corporation was either Commissioner of Civil Service, and only on two grounds, namely,
party plaintiff or defendant except Civil Case No. 4234 entitled
serious misconduct and inefficiency, and upon the recommendation of
"Bernardita R. Macariola, plaintiff, versus Sinforosa O. Bales, et al.," wherein
the Supreme Court, which alone is authorized, upon its own motion, or
the complainant herein sought to recover Lot 1184-E from the aforesaid
upon information of the Secretary (now Minister) of Justice to conduct
corporation. It must be noted, however, that Civil Case No. 4234 was
the corresponding investigation. Clearly, the aforesaid section defines
filed only on November 9 or 11, 1968 and decided on November 2, 1970
the grounds and prescribes the special procedure for the discipline of
by CFI Judge Jose D. Nepomuceno when respondent Judge was no
judges.
longer connected with the corporation, having disposed of his interest
therein on January 31, 1967.
And under Sections 5, 6 and 7, Article X of the 1973 Constitution, only
the Supreme Court can discipline judges of inferior courts as well as
Furthermore, respondent is not liable under the same paragraph
other personnel of the Judiciary.
because there is no provision in both the 1935 and 1973 Constitutions of
the Philippines, nor is there an existing law expressly prohibiting
members of the Judiciary from engaging or having interest in any lawful It is true that under Section 33 of the Civil Service Act of 1959: "The
business. Commissioner may, for ... violation of the existing Civil Service Law and
rules or of reasonable office regulations, or in the interest of the service,
remove any subordinate officer or employee from the service, demote
It may be pointed out that Republic Act No. 296, as amended, also
him in rank, suspend him for not more than one year without pay or
known as the Judiciary Act of 1948, does not contain any prohibition to fine him in an amount not exceeding six months' salary." Thus, a
that effect. As a matter of fact, under Section 77 of said law, municipal
violation of Section 12 of Rule XVIII is a ground for disciplinary action
judges may engage in teaching or other vocation not involving the
against civil service officers and employees.
practice of law after office hours but with the permission of the district
judge concerned.
However, judges cannot be considered as subordinate civil service
officers or employees subject to the disciplinary authority of the
Likewise, Article 14 of the Code of Commerce which prohibits judges Commissioner of Civil Service; for, certainly, the Commissioner is not
from engaging in commerce is, as heretofore stated, deemed abrogated
the head of the Judicial Department to which they belong. The Revised
Administrative Code (Section 89) and the Civil Service Law itself state
that the Chief Justice is the department head of the Supreme Court (Sec. With respect to the third and fourth causes of action, complainant
20, R.A. No. 2260) [1959]); and under the 1973 Constitution, the Judiciary alleged that respondent was guilty of coddling an impostor and acted in
is the only other or second branch of the government (Sec. 1, Art. X, 1973 disregard of judicial decorum, and that there was culpable defiance of
Constitution). Besides, a violation of Section 12, Rule XVIII cannot be the law and utter disregard for ethics. WE agree, however, with the
considered as a ground for disciplinary action against judges because to recommendation of the Investigating Justice that respondent Judge be
recognize the same as applicable to them, would be adding another exonerated because the aforesaid causes of action are groundless, and
ground for the discipline of judges and, as aforestated, Section 67 of the WE quote the pertinent portion of her report which reads as follows:
Judiciary Act recognizes only two grounds for their removal, namely,
serious misconduct and inefficiency.
The basis for complainant's third cause of action is
the claim that respondent associated and closely
Moreover, under Section 16(i) of the Civil Service Act of 1959, it is the fraternized with Dominador Arigpa Tan who
Commissioner of Civil Service who has original and exclusive openly and publicly advertised himself as a
jurisdiction "(T)o decide, within one hundred twenty days, after practising attorney (see Exhs. I, I-1 and J) when in
submission to it, all administrative cases against permanent officers and truth and in fact said Dominador Arigpa Tan does
employees in the competitive service, and, except as provided by law, to not appear in the Roll of Attorneys and is not a
have final authority to pass upon their removal, separation, and member of the Philippine Bar as certified to in Exh.
suspension and upon all matters relating to the conduct, discipline, and K.
efficiency of such officers and employees; and prescribe standards,
guidelines and regulations governing the administration of discipline"
The "respondent denies knowing that Dominador
(emphasis supplied). There is no question that a judge belong to the non-
Arigpa Tan was an "impostor" and claims that all
competitive or unclassified service of the government as a Presidential
the time he believed that the latter was a bona
appointee and is therefore not covered by the aforesaid provision. WE fide member of the bar. I see no reason for
have already ruled that "... in interpreting Section 16(i) of Republic Act
disbelieving this assertion of respondent. It has
No. 2260, we emphasized that only permanent officers and employees
been shown by complainant that Dominador
who belong to the classified service come under the exclusive
Arigpa Tan represented himself publicly as an
jurisdiction of the Commissioner of Civil Service" (Villaluz vs. Zaldivar,
attorney-at-law to the extent of putting up a
15 SCRA 710,713 [1965], Ang-Angco vs. Castillo, 9 SCRA 619 [1963]).
signboard with his name and the words "Attorney-
at Law" (Exh. I and 1- 1) to indicate his office, and it
Although the actuation of respondent Judge in engaging in private was but natural for respondent and any person for
business by joining the Traders Manufacturing and Fishing Industries, that matter to have accepted that statement on its
Inc. as a stockholder and a ranking officer, is not violative of the face value. "Now with respect to the allegation of
provissions of Article 14 of the Code of Commerce and Section 3(h) of complainant that respondent is guilty of
the Anti-Graft and Corrupt Practices Act as well as Section 12, Rule fraternizing with Dominador Arigpa Tan to the
XVIII of the Civil Service Rules promulgated pursuant to the Civil extent of permitting his wife to be a godmother of
Service Act of 1959, the impropriety of the same is clearly Mr. Tan's child at baptism (Exh. M & M-1), that fact
unquestionable because Canon 25 of the Canons of Judicial Ethics even if true did not render respondent guilty of
expressly declares that: violating any canon of judicial ethics as long as his
friendly relations with Dominador A. Tan and
family did not influence his official actuations as a
A judge should abstain from making personal
investments in enterprises which are apt to be judge where said persons were concerned. There is
no tangible convincing proof that herein
involved in litigation in his court; and, after his
respondent gave any undue privileges in his court
accession to the bench, he should not retain such
to Dominador Arigpa Tan or that the latter
investments previously made, longer than a period
benefitted in his practice of law from his personal
sufficient to enable him to dispose of them without
relations with respondent, or that he used his
serious loss. It is desirable that he should, so far as
reasonably possible, refrain from all relations influence, if he had any, on the Judges of the other
which would normally tend to arouse the suspicion branches of the Court to favor said Dominador Tan.
that such relations warp or bias his judgment, or
prevent his impartial attitude of mind in the Of course it is highly desirable for a member of the
administration of his judicial duties. ... judiciary to refrain as much as possible from
maintaining close friendly relations with practising
WE are not, however, unmindful of the fact that respondent Judge and attorneys and litigants in his court so as to avoid
suspicion 'that his social or business relations or
his wife had withdrawn on January 31, 1967 from the aforesaid
friendship constitute an element in determining his
corporation and sold their respective shares to third parties, and it
judicial course" (par. 30, Canons of Judicial Ethics),
appears also that the aforesaid corporation did not in anyway benefit in
but if a Judge does have social relations, that in
any case filed by or against it in court as there was no case filed in the
itself would not constitute a ground for disciplinary
different branches of the Court of First Instance of Leyte from the time
of the drafting of the Articles of Incorporation of the corporation on action unless it be clearly shown that his social
relations be clouded his official actuations with bias
March 12, 1966, up to its incorporation on January 9, 1967, and the
and partiality in favor of his friends (pp. 403-405,
eventual withdrawal of respondent on January 31, 1967 from said
rec.).
corporation. Such disposal or sale by respondent and his wife of their
shares in the corporation only 22 days after the incorporation of the
corporation, indicates that respondent realized that early that their In conclusion, while respondent Judge Asuncion, now Associate Justice
interest in the corporation contravenes the aforesaid Canon 25. of the Court of Appeals, did not violate any law in acquiring by
Respondent Judge and his wife therefore deserve the commendation for purchase a parcel of land which was in litigation in his court and in
their immediate withdrawal from the firm after its incorporation and engaging in business by joining a private corporation during his
before it became involved in any court litigation incumbency as judge of the Court of First Instance of Leyte, he should
be reminded to be more discreet in his private and business activities,
because his conduct as a member of the Judiciary must not only be
III
characterized with propriety but must always be above suspicion.
WHEREFORE, THE RESPONDENT ASSOCIATE JUSTICE OF THE
COURT OF APPEALS IS HEREBY REMINDED TO BE MORE
DISCREET IN HIS PRIVATE AND BUSINESS ACTIVITIES. MALACAÑANG
MANILABY THE PRESIDENT OF THE PHILIPPINES
SO ORDERED.
PROCLAMATION NO. 2
CONSTITUTIONAL LAW
PROCLAIMING THE LIFTING OF THE SUSPENSION OF THE
PRIVILEGE OF THE WRIT OF HABEAS CORPUS THROUGHOUT
A.) The February 1986 Revolution and the Proclamation of the
THE PHILIPPINES
Provisional Constitution
DONE in the City of Manila, this 2nd day of March, in the year of Our
(Sgd.) CORAZON C. AQUINO
Lord, Nineteen Hundred and Eighty-Six.
President
(Sgd.) CORAZON C. AQUINO
Minute Resolutions
EN BANC
PER CURIAM:
[G.R. No. 73748, May 22, 1986]
LAWYERS LEAGUE FOR A BETTER PHILIPPINES AND/OR In a petition for declaratory relief impleading no respondents,
OLIVER A. LOZANO VS. PRESIDENT CORAZON C. AQUINO, ET petitioner, as a lawyer, quotes the first paragraph of Section 5 (not
AL. Section 7 as erroneously stated) of Article XVIII of the proposed 1986
SIRS/MESDAMES: Constitution, which provides in full as follows:
Quoted hereunder, for your information, is a resolution of this Court Sec. 5. The six-year term of the incumbent President and Vice-President
MAY 22, 1986. elected in the February 7, 1986 election is, for purposes of
synchronization of elections, hereby extended to noon of June 30, 1992.
In G.R. No. 73748, Lawyers League for a Better Philippines vs.
President Corazon C. Aquino, et al.; G.R. No. 73972, People's Crusade
The first regular elections for the President and Vice-President under
for Supremacy of the Constitution vs. Mrs. Cory Aquino, et al., and
this Constitution shall be held on the second Monday of May, 1992.
G.R. No. 73990, Councilor Clifton U. Ganay vs. Corazon C. Aquino, et
al., the legitimacy of the government of President Aquino is
questioned. It is claimed that her government is illegal because it was Claiming that the said provision "is not clear" as to whom it refers, he
not established pursuant to the 1973 Constitution. then asks the Court "to declare and answer the question of the
construction and definiteness as to who, among the present incumbent
As early as April 10, 1986, this Court* had already voted to dismiss President Corazon Aquino and Vice-President Salvador Laurel and the
the petitions for the reasons to be stated below. On April 17, 1986, elected President Ferdinand E. Marcos and Vice-President Arturo M.
Atty. Lozano as counsel for the petitioners in G.R. Nos. 73748 and Tolentino being referred to under the said Section 7 (sic) of ARTICLE
73972 withdrew the petitions and manifested that they would pursue XVIII of the TRANSITORY PROVISIONS of the proposed 1986
the question by extra-judicial methods. The withdrawal is functus Constitution refers to, . ...
oficio.
The petition is dismissed outright for lack of jurisdiction and for lack for
The three petitions obviously are not impressed with merit. Petitioners
cause of action.
have no personality to sue and their petitions state no cause of action.
For the legitimacy of the Aquino government is not a justiciable matter.
It belongs to the realm of politics where only the people of the Prescinding from petitioner's lack of personality to sue or to bring this
Philippines are the judge. And the people have made the judgment; action, (Tan vs. Macapagal, 43 SCRA 677), it is elementary that this
they have accepted the government of President Corazon C. Aquino Court assumes no jurisdiction over petitions for declaratory relief. More
which is in effective control of the entire country so that it is not merely importantly, the petition amounts in effect to a suit against the
a de factogovernment but is in fact and law a de jure government. incumbent President of the Republic, President Corazon C. Aquino, and
Moreover, the community of nations has recognized the legitimacy of it is equally elementary that incumbent Presidents are immune from suit
the present government. All the eleven members of this Court, as or from being brought to court during the period of their incumbency
reorganized, have sworn to uphold the fundamental law of the and tenure.
Republic under her government.
The petition furthermore states no cause of action. Petitioner's allegation
In view of the foregoing, the petitions are hereby dismissed. of ambiguity or vagueness of the aforequoted provision is manifestly
gratuitous, it being a matter of public record and common public
knowledge that the Constitutional Commission refers therein to
Very truly yours, incumbent President Corazon C. Aquino and Vice-President Salvador
H. Laurel, and to no other persons, and provides for the extension of
(Sgd.) GLORIA C. PARAS their term to noon of June 30, 1992 for purposes of synchronization of
Clerk of Court elections. Hence, the second paragraph of the cited section provides for
the holding on the second Monday of May, 1992 of the first regular
The community of nations has recognized the legitimacy of the new elections for the President and Vice-President under said 1986
government. Constitution. In previous cases, the legitimacy of the government of
President Corazon C. Aquino was likewise sought to be questioned with
the claim that it was not established pursuant to the 1973 Constitution.
The said cases were dismissed outright by this court which held that:
The Screening Committee recommended the return of petitioner as In his Comment, petitioner argues that, by virtue of Executive Order No.
Associate Justice of the new Court of Appeals and assigned him the rank 33 read in relation to B.P. Blg. 129, his seniority ranking in the Court of
of number eleven (11) in the roster of appellate court justices. When the Appeals is now number five (5) for, though President Aquino rose to
appointments were signed by President Aquino on 28 July 1986, power by virtue of a revolution, she had pledged at the issuance of
petitioner’s seniority ranking changed, however, from number eleven Proclamation No. 3 (otherwise known as the Freedom Constitution) that
(11) to number twenty six (26). 5 "no right provided under the unratified 1973 Constitution (shall) be
absent in the Freedom Constitution." 12
Petitioner now alleges that the change in his seniority ranking could
only be attributed to inadvertence for, otherwise, it would run counter Moreover, since the last sentence of Section 2 of Executive Order No. 33
to the provisions of Section 2 of Executive Order No. 33, which virtually re-enacted the last sentence of Sec. 3, Chapter 1 of B.P. Blg. 129,
reads:chanrobles virtual lawlibrary statutory construction rules on simultaneous repeal and re-enactment
mandate, according to petitioner, the preservation and enforcement of
"SECTION 2. Section 3, Chapter 1 of Batas Pambansa Blg. 129, is hereby all rights and liabilities which had accrued under the original statute. 13
amended to read as follows:jgc:chanrobles.com.ph Furthermore, petitioner avers that, although the power of appointment
is executive in character and cannot be usurped by any other branch of
"SEC. 2. Organization. — There is hereby created a Court of Appeals the Government, such power can still be regulated by the Constitution
which shall consist of a Presiding Justice and fifty Associate Justices who and by the appropriate law, in this case, by the limits set by Executive
Order NO. 33 14 for the power of appointment cannot be wielded in Constitution, 24 read:jgc:chanrobles.com.ph
violation of law. 15
"WHEREAS, the new government under President Corazon C. Aquino
Justices Javellana and Campos were required by the Court to file their was installed through a direct exercise of the power of the Filipino
reply to Justice Puno’s comment on their motion for reconsideration of people assisted by units of the New Armed Forces of the Philippines;
the resolution of the Court en banc dated 24 January
1991.chanrobles.com:cralaw:red "WHEREAS, the heroic action of the people was done in defiance of the
provisions of the 1973 Constitution, as amended;
In their Reply and Supplemental Reply, Associate Justices Javellana and
Campos submit that the appeal or request for correction filed by the "WHEREFORE, I, Corazon C. Aquino, President of the Philippines, by
petitioner was addressed to the wrong party. They aver that as virtue of the powers vested in me by the sovereign mandate of the
petitioner himself had alleged the mistake to be an "inadvertent error" people, do hereby promulgate the following Provisional
of the Office of the President, ergo, he should have filed his request for Constitution."25cralaw:red
correction also with said Office of the President and not directly with
the Supreme Court. 16 Furthermore, they point out that petitioner had These summarize the Aquino government’s position that its mandate is
indeed filed with the Office of the President a request or petition for taken from "a direct exercise of the power of the Filipino people." 26
correction of his ranking, (seniority) but the same was not approved
such that his recourse should have been an appropriate action before the Discussions and opinions of legal experts also proclaim that the Aquino
proper court and impleading all parties concerned. The aforesaid non- government was "revolutionary in the sense that it came into existence
approval by the Office of the President they argue, should be respected in defiance of the existing legal processes" 27 and that it was a
by the Supreme Court "not only on the basis of the doctrine of separation revolutionary government "instituted by the direct action of the people
of powers but also their presumed knowledge ability and even expertise and in opposition to the authoritarian values and practices of the
in the laws they are entrusted to enforce" 17 for it (the non-approval) is overthrown government." 28
a confirmation that petitioner’s seniority ranking at the time of his
appointment by President Aquino was, in fact, deliberate and not an A question which naturally comes to mind is whether the then existing
"inadvertent error" as petitioner would have the Court believe. 18 legal order was overthrown by the Aquino government. "A legal order
is the authoritative code of a polity. Such code consists of all the rules
The resolution of this controversy is not a pleasant task for the Court found in the enactments of the organs of the polity. Where the state
since it involves not only members of the next highest court of the land operates under a written constitution, its organs may be readily
but persons who are close to members of this Court. But the controversy determined from a reading of its provisions. Once such organs are
has to be resolved. The core issue in this case is whether the present ascertained, it becomes an easy matter to locate their enactments. The
Court of Appeals is a new court such that it would negate any claim to rules in such enactments, along with those in the constitution, comprise
precedence or seniority admittedly enjoyed by petitioner in the Court of the legal order of that constitutional state." 29 It is assumed that the legal
Appeals and Intermediate Appellate Court existing prior to Executive order remains as a "culture system" of the polity as long as the latter
Order No. 33 or whether the present Court of Appeals is merely a endures 30 and that a point may be reached, however, where the legal
continuation of the Court of Appeals and Intermediate Appellate Court system ceases to be operative as a whole for it is no longer obeyed by
existing prior to said Executive Order No. 33. the population nor enforced by the officials. 31
It is the holding of the Court that the present Court of Appeals is a new It is widely known that Mrs. Aquino’s rise to the presidency was not due
entity, different and distinct from the Court of Appeals or the to constitutional processes; in fact, it was achieved in violation of the
Intermediate Appellate Court existing prior to Executive Order No. 33, provisions of the 1973 Constitution as a Batasang Pambansa resolution
for it was created in the wake of the massive reorganization launched had earlier declared Mr. Marcos at the winner in the 1986 presidential
by the revolutionary government of Corazon C. Aquino in the aftermath election. 32 Thus it can be said that the organization of Mrs. Aquino’s
of the people power (EDSA) revolution in 1986. Government which was met by little resistance and her control of the
state evidenced by the appointment of the Cabinet and other key officers
A resolution has been defined as "the complete overthrow of the of the administration, the departure of the Marcos Cabinet officials,
established government in any country or state by those who were revampt of the Judiciary and the Military signalled the point where the
previously subject to it" 19 or as "a sudden, radical and fundamental legal system then in effect, had ceased to be obeyed by the Filipino.
change in the government or political system, usually effected with
violence or at least some acts of violence." 20 In Kelsen’s book, General The Court holds that the Court of Appeals and Intermediate Appellate
Theory of Law and State, it is defined as that which "occurs whenever Court existing prior to Executive Order No. 33 phased out as part of the
the legal order of a community is nullified and replaced by a new order legal system abolished by the revolution and that the Court of Appeals
. . . a way not prescribed by the first order itself." 21 established under Executive Order No. 33 was an entirely new court
with appointments thereto having no relation to earlier appointments to
It was through the February 1986 revolution, a relatively peaceful one, the abolished courts, and that the reference to precedence in rank
and more popularly known as the "people power revolution" that the contained in the last sentence of Sec. 2, BP Blg. No. 129 as amended by
Filipino people tore themselves away from an existing regime. This Executive Order No. 33 refers to prospective situations as distinguished
revolution also saw the unprecedented rise to power of the Aquino from retroactive ones.
government.
But even assuming, arguendo, that Executive Order No. 33 did not
From the natural law point of view, the right of revolution has been abolish the precedence or seniority ranking resulting from previous
defined as "an inherent right of a people to cast out their rulers, change appointment to the Court of Appeals or Intermediate Appellate Court
their policy or effect radical reforms in their system of government or existing prior to the 1986 revolution, it is believed that President Aquino
institutions by force or a general uprising when the legal and as head of then revolutionary government, could disregard or set aside
constitutional methods of making such change have proved inadequate such precedence or seniority in ranking when she made her
or are so obstructed as to be unavailable." 22 It has been said that "the appointments to the reorganized Court of Appeals in 1986.
locus of positive law-making power lies with the people of the state" and
from there is derived "the right of the people to abolish, to reform and It is to be noted that, at the time of the issuance of Executive Order No.
to alter any existing form of government without regard to the existing 33, President Aquino was still exercising the powers of a revolutionary
constitution." 23 government, encompassing both executive and legislative powers, such
that she could, if she so desired, amend, modify or repeal any part of
The three (3) clauses that precede the text of the Provisional (Freedom) B.P. Blg. 129 or her own Executive Order No. 33. It should also be
remembered that the same situation was still in force when she issued (Duties and Obligations of Citizens), and ARTICLE VI (Suffrage) of the
the 1986 appointments to the Court of Appeals. In other words, 1973 Constitution, as amended, remain in the force and effect and are
President Aquino, at the time of the issuance of the 1986 appointments, hereby adopted in toto as part of this Provisional Constitution.
modified or disregarded the rule embodied in B.P. Blg. 129 as amended
by Executive Order No. 33, on precedence or seniority in the case of the
SECTION 2. The provision of ARTICLE II (Declaration of Principles and
petitioner, for reasons known only to her. Since the appointment
State Policies), ARTICLE VII (The President), ARTICLE X (The
extended by the President to the petitioner in 1986 for membership in
Judiciary), ARTICLE XI (Local Government), ARTICLE XIII
the new Court of Appeals with its implicit ranking in the roster of
(Accountability of Public Officers), ARTICLE XIV (The National
justices, was a valid appointment anchored on the President’s exercise
Economy and Patrimony of the Nation), ARTICLE XV (General
of her then revolutionary powers, it is not for the Court at this time to Provisions) of the 1973 Constitution, as amended, are hereby adopted as
question or correct that exercise.
part of this Provisional Constitution, as amended, are hereby adopted
as part of this Provisional Constitution, insofar as they are not
ACCORDINGLY, the Court GRANTS the Motion for Reconsideration
inconsistent with the provisions of this Proclamation.
and the seniority rankings of members of the Court of Appeals,
including that of the petitioner, at the time the appointments were made
by the President in 1986, are recognized and upheld. ARTICLE II
THE PRESIDENT,
SO ORDERED. THE VICE-PRESIDENT, AND THE CABINET
DECLARING A NATIONAL POLICY TO IMPLEMENT REFORMS b) Make effective the guarantees of civil, political, human, social,
MANDATED BY THE PEOPLE PROTECTING THEIR BASIC
economic and cultural rights and freedoms of the Filipino people, and
RIGHTS, ADOPTING A PROVISIONAL CONSTITUTION, AND
provide remedies against violations thereof;
PROVIDING FOR AN ORDERLY TRANSITION TO A
GOVERNMENT UNDER A NEW CONSTITUTION
c) Rehabilitate the economy and promote the nationalist aspirations
of the people;
WHEREAS, the new government was installed through a direct exercise
of the power of the Filipino people assisted by units of the New Armed
Forces of the Philippines; d) Recover ill-gotten properties amassed by the leaders and
supporters of the previous regime and protect the interest of the people
through orders of sequestration or freezing of assets of accounts;
WHEREAS, the heroic action of the people was done in defiance of the
provisions of the 1973 Constitution, as amended;
e) Eradicate graft and corruption in government and punish those
guilty thereof; and,
WHEREAS, the direct mandate of the people as manifested by their
extraordinary action demands the complete reorganization of the
government, restoration of democracy, protection of basic rights, f) Restore peace and order, settle the problem of insurgency, and
rebuilding of confidence in the entire government system, eradication pursue national reconciliation based on justice.
of graft and corruption, restoration of peace and order, maintenance of
the supremacy of civilian authority over the military, and the transition SECTION 2. The President shall be assisted by a Cabinet which shall be
to government under a New Constitution in the shortest time possible; composed of Ministers with or without portfolio who shall be appointed
by the President. They shall be accountable to and hold office at the
WHEREAS, during the period of transition to a New Constitution it pleasure of the President.
must be guaranteed that the government will respect basic human rights
and fundamental freedoms; SECTION 3. The President shall have control of and exercise general
supervision over all local governments.
WHEREFORE, I, CORAZON C. AQUINO, President of the
Philippines, by virtue of the power vested in me by the sovereign SECTION 4. In case of permanent vacancy arising from death,
mandate of the people; do hereby promulgate the following incapacity or resignation of the President, the Vice-President shall
Constitution: become President.
ARTICLE 1
SECTION 5. The Vice-President may be appointed Member of the
ADOPTION OF CERTAIN PROVISIONS OF THE
Cabinet and may perform such other functions as may be assigned to
1973 CONSTITUTION, AS AMENDED
him by the President.
SECTION 2. All elective and appointive officials and employees under SECTION 2. Local elections shall be held on a date to be determined by
the 1973 Constitution shall continue in the office until otherwise the President which shall be held on a date to be determined by the
provided by proclamation or executive order or upon the designation or President which shall not be earlier than the date of the plebiscite for the
appointment and qualification of their successors, if such is made within ratification of the New Constitution.
a period of one year from February 25, 1986.
ARTICLE VII
SECTION 3. Any public office or employees separated from the service EFFECTIVE DATE
as a result of the reorganization effected under this Proclamation shall,
if entitled under the laws then in force, receive the retirement and other SECTION 1. This Proclamation shall take effect upon its promulgation
benefits accuring thereunder. by the President.
SECTION 4. The records, equipment, buildings, facilities and other SECTION 2. Pursuant to the letter and spirit of this Proclamation, a
properties of all government offices shall be carefully preserved. In case consolidated official text of the Provisional Constitution shall be
any office or body is abolished or reorganized pursuant to this promulgated by the President and published in English and Pilipino in
Proclamation, its funds and properties shall be transferred to the office the official Gazette and in newspapers of general circulation to insure
or body to which its powers, functions, and responsibilities substantially widespread dissemination.
pertain.
DONE in the City of Manila, the 25th of March, in the year of Our Lord,
ARTICLE IV Nineteen Hundred and Eighty-Six.
EXISTING LAWS
ARTICLE V
ADOPTION OF A NEW CONSTITUTION MALACAÑANG
MANILA
SECTION 27. This Constitution shall take effect Invoking the people's right to be informed on matters of public concern,
immediately upon its ratification by a majority of a right recognized in Section 6, Article IV of the 1973 Philippine
the votes cast in a plebiscite held for the purpose Constitution, 1 as well as the principle that laws to be valid and
and shall supersede all previous Constitutions. enforceable must be published in the Official Gazette or otherwise
effectively promulgated, petitioners seek a writ of mandamus to compel
The 1987 Constitution was ratified in a plebiscite on February 2, 1987. respondent public officials to publish, and/or cause the publication in
By that date, therefore, the Provisional Constitution must be deemed to the Official Gazette of various presidential decrees, letters of
have been superseded. Having become inoperative, respondent OIC instructions, general orders, proclamations, executive orders, letter of
Governor could no longer rely on Section 2, Article III, thereof to implementation and administrative orders.
designate respondents to the elective positions occupied by petitioners.
Specifically, the publication of the following presidential issuances is
Petitioners must now be held to have acquired security of tenure sought:
specially considering that the Barangay Election Act of 1982 declares it
"a policy of the State to guarantee and promote the autonomy of the a] Presidential Decrees Nos. 12, 22, 37, 38, 59, 64,
barangays to ensure their fullest development as self-reliant 103, 171, 179, 184, 197, 200, 234, 265, 286, 298, 303,
communities.2 Similarly, the 1987 Constitution ensures the autonomy of 312, 324, 325, 326, 337, 355, 358, 359, 360, 361, 368,
local governments and of political subdivisions of which the barangays 404, 406, 415, 427, 429, 445, 447, 473, 486, 491, 503,
form a part, 3 and limits the President's power to "general supervision" 504, 521, 528, 551, 566, 573, 574, 594, 599, 644, 658,
over local governments. 4 Relevantly, Section 8, Article X of the same 661, 718, 731, 733, 793, 800, 802, 835, 836, 923, 935,
1987 Constitution further provides in part: 961, 1017-1030, 1050, 1060-1061, 1085, 1143, 1165,
1166, 1242, 1246, 1250, 1278, 1279, 1300, 1644, 1772,
Sec. 8. The term of office of elective local officials, 1808, 1810, 1813-1817, 1819-1826, 1829-1840, 1842-
except barangay officials, which shall be 1847.
determined by law, shall be three years ...
b] Letter of Instructions Nos.: 10, 39, 49, 72, 107, 108,
Until the term of office of barangay officials has been determined by law, 116, 130, 136, 141, 150, 153, 155, 161, 173, 180, 187,
therefore, the term of office of six (6) years provided for in the Barangay 188, 192, 193, 199, 202, 204, 205, 209, 211-213, 215-
Election Act of 1982 5 should still govern. 224, 226-228, 231-239, 241-245, 248, 251, 253-261,
263-269, 271-273, 275-283, 285-289, 291, 293, 297-
299, 301-303, 309, 312-315, 325, 327, 343, 346, 349,
Contrary to the stand of respondents, we find nothing inconsistent 357, 358, 362, 367, 370, 382, 385, 386, 396-397, 405,
between the term of six (6) years for elective Barangay officials and the 438-440, 444- 445, 473, 486, 488, 498, 501, 399, 527,
1987 Constitution, and the same should, therefore, be considered as still 561, 576, 587, 594, 599, 600, 602, 609, 610, 611, 612,
operative, pursuant to Section 3, Article XVIII of the 1987 Constitution, 615, 641, 642, 665, 702, 712-713, 726, 837-839, 878-
reading: 879, 881, 882, 939-940, 964,997,1149-1178,1180-1278.
Sec. 3. All existing laws, decrees, executive orders, c] General Orders Nos.: 14, 52, 58, 59, 60, 62, 63, 64
proclamations letters of instructions, and other & 65.
executive issuances not inconsistent, with this
Constitution shall remain operative until amended,
repealed or revoked. d] Proclamation Nos.: 1126, 1144, 1147, 1151, 1196,
1270, 1281, 1319-1526, 1529, 1532, 1535, 1538, 1540-
1547, 1550-1558, 1561-1588, 1590-1595, 1594-1600, legal or special interest in the result, it being sufficient to show that he is
1606-1609, 1612-1628, 1630-1649, 1694-1695, 1697- a citizen and as such interested in the execution of the laws [High,
1701, 1705-1723, 1731-1734, 1737-1742, 1744, 1746- Extraordinary Legal Remedies, 3rd ed., sec. 431].
1751, 1752, 1754, 1762, 1764-1787, 1789-1795, 1797,
1800, 1802-1804, 1806-1807, 1812-1814, 1816, 1825-
Thus, in said case, this Court recognized the relator Lope Severino, a
1826, 1829, 1831-1832, 1835-1836, 1839-1840, 1843-
private individual, as a proper party to the mandamus proceedings
1844, 1846-1847, 1849, 1853-1858, 1860, 1866, 1868,
brought to compel the Governor General to call a special election for the
1870, 1876-1889, 1892, 1900, 1918, 1923, 1933, 1952,
position of municipal president in the town of Silay, Negros Occidental.
1963, 1965-1966, 1968-1984, 1986-2028, 2030-2044,
Speaking for this Court, Mr. Justice Grant T. Trent said:
2046-2145, 2147-2161, 2163-2244.
It is needless to add that the publication of presidential issuances "of a From the report submitted to the Court by the Clerk of Court, it appears
that of the presidential decrees sought by petitioners to be published in
public nature" or "of general applicability" is a requirement of due
the Official Gazette, only Presidential Decrees Nos. 1019 to 1030,
process. It is a rule of law that before a person may be bound by law, he
inclusive, 1278, and 1937 to 1939, inclusive, have not been so
must first be officially and specifically informed of its contents. As
published. 10 Neither the subject matters nor the texts of these PDs can
Justice Claudio Teehankee said in Peralta vs. COMELEC 7:
be ascertained since no copies thereof are available. But whatever their
subject matter may be, it is undisputed that none of these unpublished
PDs has ever been implemented or enforced by the government.
In Pesigan vs. Angeles, 11 the Court, through Justice Ramon Aquino, ruled In the Comment 3 required of the then Solicitor General, he claimed first
that "publication is necessary to apprise the public of the contents of that the motion was a request for an advisory opinion and should
[penal] regulations and make the said penalties binding on the persons therefore be dismissed, and, on the merits, that the clause "unless it is
affected thereby. " The cogency of this holding is apparently recognized otherwise provided" in Article 2 of the Civil Code meant that the
by respondent officials considering the manifestation in their comment publication required therein was not always imperative; that
that "the government, as a matter of policy, refrains from prosecuting publication, when necessary, did not have to be made in the Official
violations of criminal laws until the same shall have been published in Gazette; and that in any case the subject decision was concurred in only
the Official Gazette or in some other publication, even though some by three justices and consequently not binding. This elicited a
criminal laws provide that they shall take effect immediately. Reply 4 refuting these arguments. Came next the February Revolution
and the Court required the new Solicitor General to file a Rejoinder in
view of the supervening events, under Rule 3, Section 18, of the Rules of
WHEREFORE, the Court hereby orders respondents to publish in the
Court. Responding, he submitted that issuances intended only for the
Official Gazette all unpublished presidential issuances which are of
internal administration of a government agency or for particular
general application, and unless so published, they shall have no binding
persons did not have to be 'Published; that publication when necessary
force and effect.
must be in full and in the Official Gazette; and that, however, the
decision under reconsideration was not binding because it was not
SO ORDERED. supported by eight members of this Court. 5
G.R. No. L-63915 December 29, 1986 The subject of contention is Article 2 of the Civil Code providing as
follows:
LORENZO M. TAÑ;ADA, ABRAHAM F. SARMIENTO, and
MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, ART. 2. Laws shall take effect after fifteen days following the
INTEGRITY AND NATIONALISM, INC. (MABINI), petitioners, completion of their publication in the Official Gazette, unless it
vs. is otherwise provided. This Code shall take effect one year
HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the after such publication.
President, HON. JOAQUIN VENUS, in his capacity as Deputy
Executive Assistant to the President, MELQUIADES P. DE LA CRUZ,
ETC., ET AL., respondents. After a careful study of this provision and of the arguments of the
parties, both on the original petition and on the instant motion, we have
come to the conclusion and so hold, that the clause "unless it is otherwise
RESOLUTION provided" refers to the date of effectivity and not to the requirement of
publication itself, which cannot in any event be omitted. This clause
CRUZ, J.: does not mean that the legislature may make the law effective
immediately upon approval, or on any other date, without its previous
publication.
Due process was invoked by the petitioners in demanding the disclosure
of a number of presidential decrees which they claimed had not been
published as required by law. The government argued that while Publication is indispensable in every case, but the legislature may in its
publication was necessary as a rule, it was not so when it was "otherwise discretion provide that the usual fifteen-day period shall be shortened
provided," as when the decrees themselves declared that they were to or extended. An example, as pointed out by the present Chief Justice in
become effective immediately upon their approval. In the decision of his separate concurrence in the original decision, 6 is the Civil Code
this case on April 24, 1985, the Court affirmed the necessity for the which did not become effective after fifteen days from its publication in
publication of some of these decrees, declaring in the dispositive portion the Official Gazette but "one year after such publication." The general
as follows: rule did not apply because it was "otherwise provided. "
WHEREFORE, the Court hereby orders respondents to It is not correct to say that under the disputed clause publication may be
publish in the Official Gazette all unpublished presidential dispensed with altogether. The reason. is that such omission would
issuances which are of general application, and unless so offend due process insofar as it would deny the public knowledge of the
published, they shall have no binding force and effect. laws that are supposed to govern the legislature could validly provide
that a law e effective immediately upon its approval notwithstanding
the lack of publication (or after an unreasonably short period after
The petitioners are now before us again, this time to move for
publication), it is not unlikely that persons not aware of it would be
reconsideration/clarification of that decision. 1Specifically, they ask the
prejudiced as a result and they would be so not because of a failure to
following questions:
comply with but simply because they did not know of its existence,
Significantly, this is not true only of penal laws as is commonly
1. What is meant by "law of public nature" or "general applicability"? supposed. One can think of many non-penal measures, like a law on
prescription, which must also be communicated to the persons they may
2. Must a distinction be made between laws of general applicability and affect before they can begin to operate.
laws which are not?
We note at this point the conclusive presumption that every person
3. What is meant by "publication"? knows the law, which of course presupposes that the law has been
published if the presumption is to have any legal justification at all. It is
no less important to remember that Section 6 of the Bill of Rights
4. Where is the publication to be made? recognizes "the right of the people to information on matters of public
concern," and this certainly applies to, among others, and indeed
5. When is the publication to be made? especially, the legislative enactments of the government.
Resolving their own doubts, the petitioners suggest that there should be The term "laws" should refer to all laws and not only to those of general
no distinction between laws of general applicability and those which are application, for strictly speaking all laws relate to the people in general
not; that publication means complete publication; and that the albeit there are some that do not apply to them directly. An example is
publication must be made forthwith in the Official Gazette. 2 a law granting citizenship to a particular individual, like a relative of
President Marcos who was decreed instant naturalization. It surely There is much to be said of the view that the publication need not be
cannot be said that such a law does not affect the public although it made in the Official Gazette, considering its erratic releases and limited
unquestionably does not apply directly to all the people. The subject of readership. Undoubtedly, newspapers of general circulation could
such law is a matter of public interest which any member of the body better perform the function of communicating, the laws to the people as
politic may question in the political forums or, if he is a proper party, such periodicals are more easily available, have a wider readership, and
even in the courts of justice. In fact, a law without any bearing on the come out regularly. The trouble, though, is that this kind of publication
public would be invalid as an intrusion of privacy or as class legislation is not the one required or authorized by existing law. As far as we know,
or as an ultra vires act of the legislature. To be valid, the law must no amendment has been made of Article 2 of the Civil Code. The
invariably affect the public interest even if it might be directly applicable Solicitor General has not pointed to such a law, and we have no
only to one individual, or some of the people only, and t to the public as information that it exists. If it does, it obviously has not yet been
a whole. published.
We hold therefore that all statutes, including those of local application At any rate, this Court is not called upon to rule upon the wisdom of a
and private laws, shall be published as a condition for their effectivity, law or to repeal or modify it if we find it impractical. That is not our
which shall begin fifteen days after publication unless a different function. That function belongs to the legislature. Our task is merely to
effectivity date is fixed by the legislature. interpret and apply the law as conceived and approved by the political
departments of the government in accordance with the prescribed
procedure. Consequently, we have no choice but to pronounce that
Covered by this rule are presidential decrees and executive orders
under Article 2 of the Civil Code, the publication of laws must be made
promulgated by the President in the exercise of legislative powers
in the Official Gazett and not elsewhere, as a requirement for their
whenever the same are validly delegated by the legislature or, at
effectivity after fifteen days from such publication or after a different
present, directly conferred by the Constitution. administrative rules and
regulations must a also be published if their purpose is to enforce or period provided by the legislature.
implement existing law pursuant also to a valid delegation.
We also hold that the publication must be made forthwith or at least as
soon as possible, to give effect to the law pursuant to the said Article 2.
Interpretative regulations and those merely internal in nature, that is,
There is that possibility, of course, although not suggested by the parties
regulating only the personnel of the administrative agency and not the
public, need not be published. Neither is publication required of the so- that a law could be rendered unenforceable by a mere refusal of the
executive, for whatever reason, to cause its publication as required. This
called letters of instructions issued by administrative superiors
is a matter, however, that we do not need to examine at this time.
concerning the rules or guidelines to be followed by their subordinates
in the performance of their duties.
Finally, the claim of the former Solicitor General that the instant motion
Accordingly, even the charter of a city must be published is a request for an advisory opinion is untenable, to say the least, and
notwithstanding that it applies to only a portion of the national territory deserves no further comment.
and directly affects only the inhabitants of that place. All presidential
decrees must be published, including even, say, those naming a public The days of the secret laws and the unpublished decrees are over. This
place after a favored individual or exempting him from certain is once again an open society, with all the acts of the government subject
prohibitions or requirements. The circulars issued by the Monetary to public scrutiny and available always to public cognizance. This has to
Board must be published if they are meant not merely to interpret but be so if our country is to remain democratic, with sovereignty residing
to "fill in the details" of the Central Bank Act which that body is in the people and all government authority emanating from them.
supposed to enforce.
Although they have delegated the power of legislation, they retain the
However, no publication is required of the instructions issued by, say, authority to review the work of their delegates and to ratify or reject it
the Minister of Social Welfare on the case studies to be made in petitions according to their lights, through their freedom of expression and their
for adoption or the rules laid down by the head of a government agency right of suffrage. This they cannot do if the acts of the legislature are
on the assignments or workload of his personnel or the wearing of office concealed.
uniforms. Parenthetically, municipal ordinances are not covered by this
rule but by the Local Government Code.
Laws must come out in the open in the clear light of the sun instead of
skulking in the shadows with their dark, deep secrets. Mysterious
We agree that publication must be in full or it is no publication at all pronouncements and rumored rules cannot be recognized as binding
since its purpose is to inform the public of the contents of the laws. As unless their existence and contents are confirmed by a valid publication
correctly pointed out by the petitioners, the mere mention of the number intended to make full disclosure and give proper notice to the people.
of the presidential decree, the title of such decree, its whereabouts (e.g., The furtive law is like a scabbarded saber that cannot feint parry or cut
"with Secretary Tuvera"), the supposed date of effectivity, and in a mere unless the naked blade is drawn.
supplement of the Official Gazette cannot satisfy the publication
requirement. This is not even substantial compliance. This was the WHEREFORE, it is hereby declared that all laws as above defined shall
manner, incidentally, in which the General Appropriations Act for FY
immediately upon their approval, or as soon thereafter as possible, be
1975, a presidential decree undeniably of general applicability and
published in full in the Official Gazette, to become effective only after
interest, was "published" by the Marcos administration. 7 The evident
fifteen days from their publication, or on another date specified by the
purpose was to withhold rather than disclose information on this vital
legislature, in accordance with Article 2 of the Civil Code.
law.
SO ORDERED.
Coming now to the original decision, it is true that only four justices
were categorically for publication in the Official Gazette 8 and that six
others felt that publication could be made elsewhere as long as the
people were sufficiently informed. 9 One reserved his vote 10 and another
merely acknowledged the need for due publication without indicating
where it should be made. 11 It is therefore necessary for the present
membership of this Court to arrive at a clear consensus on this matter
and to lay down a binding decision supported by the necessary vote.
EXECUTIVE ORDER NO. 200 June 18, 1987 D.) Classification of Constitutions
MR. NOLLEDO. "IN THE GRANT OF RIGHTS, The penchant to try to whittle away the mandate of the Constitution by
PRIVILEGES AND CONCESSIONS COVERING arguing that the subject provision is not self-executory and requires
THE NATIONAL ECONOMY AND PATRIMONY, implementing legislation is quite disturbing. The attempt to violate a
THE STATE SHALL GIVE PREFERENCE TO clear constitutional provision — by the government itself — is only too
QUALIFIED FILIPINOS." distressing. To adopt such a line of reasoning is to renounce the duty to
ensure faithfulness to the Constitution. For, even some of the provisions
of the Constitution which evidently need implementing legislation have
MR FOZ. In connection with that amendment, if a
juridical life of their own and can be the source of a judicial remedy. We
foreign enterprise is qualified and a Filipino
cannot simply afford the government a defense that arises out of the
enterprise is also qualified, will the Filipino enterprise
failure to enact further enabling, implementing or guiding legislation.
still be given a preference?
In fine, the discourse of Fr. Joaquin G. Bernas, S.J., on constitutional
government is apt —
MR. NOLLEDO. Obviously.
The executive department has a constitutional duty
MR. FOZ. If the foreigner is more qualified in some to implement laws, including the Constitution,
aspects than the Filipino enterprise, will the Filipino even before Congress acts — provided that there
still be preferred? are discoverable legal standards for executive
action. When the executive acts, it must be guided
MR. NOLLEDO. The answer is "yes." by its own understanding of the constitutional
command and of applicable laws. The
responsibility for reading and understanding the
MR. FOZ. Thank you, 41 Constitution and the laws is not the sole
prerogative of Congress. If it were, the executive
Expounding further on the Filipino First Policy provision Commissioner would have to ask Congress, or perhaps the Court,
Nolledo continues — for an interpretation every time the executive is
confronted by a constitutional command. That is
not how constitutional government operates. 45
MR. NOLLEDO. Yes, Madam President. Instead of
"MUST," it will be "SHALL — THE STATE SHALL
GlVE PREFERENCE TO QUALIFIED FILIPINOS. Respondents further argue that the constitutional provision is
This embodies the so-called "Filipino First" policy. addressed to the State, not to respondent GSIS which by itself possesses
That means that Filipinos should be given a separate and distinct personality. This argument again is at best
preference in the grant of concessions, privileges specious. It is undisputed that the sale of 51% of the MHC could only be
and rights covering the national patrimony. 42 carried out with the prior approval of the State acting through
respondent Committee on Privatization. As correctly pointed out by Fr.
Joaquin G. Bernas, S.J., this fact alone makes the sale of the assets of
The exchange of views in the sessions of the Constitutional Commission
respondents GSIS and MHC a "state action." In constitutional
regarding the subject provision was still further clarified by
jurisprudence, the acts of persons distinct from the government are
Commissioner Nolledo 43 —
considered "state action" covered by the Constitution (1) when the
activity it engages in is a "public function;" (2) when the government is
Paragraph 2 of Section 10 explicitly mandates the so significantly involved with the private actor as to make the
"Pro-Filipino" bias in all economic concerns. It is government responsible for his action; and, (3) when the government
better known as the FILIPINO FIRST Policy . . . This has approved or authorized the action. It is evident that the act of
provision was never found in previous respondent GSIS in selling 51% of its share in respondent MHC comes
Constitutions . . . . under the second and third categories of "state action." Without doubt
therefore the transaction. although entered into by respondent GSIS, is
The term "qualified Filipinos" simply means that in fact a transaction of the State and therefore subject to the
preference shall be given to those citizens who can constitutional command. 46
make a viable contribution to the common good,
because of credible competence and efficiency. It When the Constitution addresses the State it refers not only to the people
certainly does NOT mandate the pampering and but also to the government as elements of the State. After all,
preferential treatment to Filipino citizens or government is composed of three (3) divisions of power — legislative,
organizations that are incompetent or inefficient, executive and judicial. Accordingly, a constitutional mandate directed
since such an indiscriminate preference would be to the State is correspondingly directed to the three(3) branches of
counter productive and inimical to the common government. It is undeniable that in this case the subject constitutional
good. injunction is addressed among others to the Executive Department and
respondent GSIS, a government instrumentality deriving its authority
In the granting of economic rights, privileges, and from the State.
concessions, when a choice has to be made between
a "qualified foreigner" end a "qualified Filipino," the It should be stressed that while the Malaysian firm offered the higher
latter shall be chosen over the former." bid it is not yet the winning bidder. The bidding rules expressly provide
that the highest bidder shall only be declared the winning bidder after
Lastly, the word qualified is also determinable. Petitioner was so it has negotiated and executed the necessary contracts, and secured the
considered by respondent GSIS and selected as one of requisite approvals. Since the "Filipino First Policy provision of the
the qualified bidders. It was pre-qualified by respondent GSIS in Constitution bestows preference on qualified Filipinos the mere tending
accordance with its own guidelines so that the sole inference here is that of the highest bid is not an assurance that the highest bidder will be
petitioner has been found to be possessed of proven management declared the winning bidder. Resultantly, respondents are not bound to
make the award yet, nor are they under obligation to enter into one with forgetting that the Constitution lays down the basic conditions and
the highest bidder. For in choosing the awardee respondents are parameters for its actions.
mandated to abide by the dictates of the 1987 Constitution the
provisions of which are presumed to be known to all the bidders and Since petitioner has already matched the bid price tendered by Renong
other interested parties.
Berhad pursuant to the bidding rules, respondent GSIS is left with no
alternative but to award to petitioner the block of shares of MHC and to
Adhering to the doctrine of constitutional supremacy, the subject execute the necessary agreements and documents to effect the sale in
constitutional provision is, as it should be, impliedly written in the accordance not only with the bidding guidelines and procedures but
bidding rules issued by respondent GSIS, lest the bidding rules be with the Constitution as well. The refusal of respondent GSIS to execute
nullified for being violative of the Constitution. It is a basic principle in the corresponding documents with petitioner as provided in the
constitutional law that all laws and contracts must conform with the bidding rules after the latter has matched the bid of the Malaysian firm
fundamental law of the land. Those which violate the Constitution lose clearly constitutes grave abuse of discretion.
their reason for being.
The Filipino First Policy is a product of Philippine nationalism. It is
Paragraph V. J. 1 of the bidding rules provides that [if] for any reason the embodied in the 1987 Constitution not merely to be used as a guideline
Highest Bidder cannot be awarded the Block of Shares, GSIS may offer this to for future legislation but primarily to be enforced; so must it be enforced.
other Qualified Bidders that have validly submitted bids provided that these This Court as the ultimate guardian of the Constitution will never shun,
Qualified Bidders are willing to match the highest bid in terms of price per under any reasonable circumstance, the duty of upholding the majesty
share. 47 Certainly, the constitutional mandate itself is reason enough not of the Constitution which it is tasked to defend. It is worth emphasizing
to award the block of shares immediately to the foreign bidder that it is not the intention of this Court to impede and diminish, much
notwithstanding its submission of a higher, or even the highest, bid. In less undermine, the influx of foreign investments. Far from it, the Court
fact, we cannot conceive of a stronger reason than the constitutional encourages and welcomes more business opportunities but avowedly
injunction itself. sanctions the preference for Filipinos whenever such preference is
ordained by the Constitution. The position of the Court on this matter
In the instant case, where a foreign firm submits the highest bid in a could have not been more appropriately articulated by Chief Justice
public bidding concerning the grant of rights, privileges and Narvasa —
concessions covering the national economy and patrimony, thereby
exceeding the bid of a Filipino, there is no question that the Filipino will As scrupulously as it has tried to observe that it is
have to be allowed to match the bid of the foreign entity. And if the not its function to substitute its judgment for that of
Filipino matches the bid of a foreign firm the award should go to the the legislature or the executive about the wisdom
Filipino. It must be so if we are to give life and meaning to the Filipino and feasibility of legislation economic in nature, the
First Policy provision of the 1987 Constitution. For, while this may Supreme Court has not been spared criticism for
neither be expressly stated nor contemplated in the bidding rules, the decisions perceived as obstacles to economic
constitutional fiat is, omnipresent to be simply disregarded. To ignore it progress and development . . . in connection with a
would be to sanction a perilous skirting of the basic law. temporary injunction issued by the Court's First
Division against the sale of the Manila Hotel to a
This Court does not discount the apprehension that this policy may Malaysian Firm and its partner, certain statements
discourage foreign investors. But the Constitution and laws of the were published in a major daily to the effect that
Philippines are understood to be always open to public scrutiny. These injunction "again demonstrates that the Philippine
are given factors which investors must consider when venturing into legal system can be a major obstacle to doing
business in a foreign jurisdiction. Any person therefore desiring to do business here.
business in the Philippines or with any of its agencies or
instrumentalities is presumed to know his rights and obligations under Let it be stated for the record once again that while
the Constitution and the laws of the forum. it is no business of the Court to intervene in
contracts of the kind referred to or set itself up as
The argument of respondents that petitioner is now estopped from the judge of whether they are viable or attainable, it
questioning the sale to Renong Berhad since petitioner was well aware is its bounden duty to make sure that they do not
from the beginning that a foreigner could participate in the bidding is violate the Constitution or the laws, or are not
meritless. Undoubtedly, Filipinos and foreigners alike were invited to adopted or implemented with grave abuse of
the bidding. But foreigners may be awarded the sale only if no Filipino discretion amounting to lack or excess of
qualifies, or if the qualified Filipino fails to match the highest bid jurisdiction. It will never shirk that duty, no matter
tendered by the foreign entity. In the case before us, while petitioner was how buffeted by winds of unfair and ill-informed
already preferred at the inception of the bidding because of the criticism. 48
constitutional mandate, petitioner had not yet matched the bid offered
by Renong Berhad. Thus it did not have the right or personality then to Privatization of a business asset for purposes of enhancing its business
compel respondent GSIS to accept its earlier bid. Rightly, only after it viability and preventing further losses, regardless of the character of the
had matched the bid of the foreign firm and the apparent disregard by asset, should not take precedence over non-material values. A
respondent GSIS of petitioner's matching bid did the latter have a cause commercial, nay even a budgetary, objective should not be pursued at
of action. the expense of national pride and dignity. For the Constitution enshrines
higher and nobler non-material values. Indeed, the Court will always
Besides, there is no time frame for invoking the constitutional safeguard defer to the Constitution in the proper governance of a free society; after
unless perhaps the award has been finally made. To insist on selling the all, there is nothing so sacrosanct in any economic policy as to draw itself
Manila Hotel to foreigners when there is a Filipino group willing to beyond judicial review when the Constitution is involved. 49
match the bid of the foreign group is to insist that government be treated
as any other ordinary market player, and bound by its mistakes or gross Nationalism is inherent, in the very concept of the Philippines being a
errors of judgment, regardless of the consequences to the Filipino democratic and republican state, with sovereignty residing in the
people. The miscomprehension of the Constitution is regrettable. Thus Filipino people and from whom all government authority emanates. In
we would rather remedy the indiscretion while there is still an nationalism, the happiness and welfare of the people must be the goal.
opportunity to do so than let the government develop the habit of The nation-state can have no higher purpose. Any interpretation of any
constitutional provision must adhere to such basic concept. Protection G.R. No. 134015 July 19, 1999
of foreign investments, while laudible, is merely a policy. It cannot
override the demands of nationalism. 50 JUAN DOMINO, petitioner,
vs.
The Manila Hotel or, for that matter, 51% of the MHC, is not just any COMMISSION ON ELECTIONS, NARCISO Ra. GRAFILO, JR.,
commodity to be sold to the highest bidder solely for the sake of EDDY B. JAVA, JUAN P. BAYONITO, JR., ROSARIO SAMSON and
privatization. We are not talking about an ordinary piece of property in DIONISIO P. LIM, SR., respondent, LUCILLE CHIONGBIAN-
a commercial district. We are talking about a historic relic that has SOLON, intervenor.
hosted many of the most important events in the short history of the
Philippines as a nation. We are talking about a hotel where heads of
states would prefer to be housed as a strong manifestation of their desire
to cloak the dignity of the highest state function to their official visits to
the Philippines. Thus the Manila Hotel has played and continues to play DAVIDE, JR., CJ.:
a significant role as an authentic repository of twentieth century
Philippine history and culture. In this sense, it has become truly a Challenged in this case for certiorari with a prayer for preliminary
reflection of the Filipino soul — a place with a history of grandeur; a most injunction are the Resolution of 6 May 19981 of the Second Division of
historical setting that has played a part in the shaping of a country. 51 the Commission on Elections (hereafter COMELEC), declaring
petitioner Juan Domino (hereafter DOMINO) disqualified as candidate
This Court cannot extract rhyme nor reason from the determined efforts for representative of the Lone Legislative District of the Province of
of respondents to sell the historical landmark — this Grand Old Dame of Sarangani in the 11 May 1998 elections, and the Decision of 29 May
hotels in Asia — to a total stranger. For, indeed, the conveyance of this 19982 of the COMELEC en banc denying DOMINO's motion for
epic exponent of the Filipino psyche to alien hands cannot be less than reconsideration.
mephistophelian for it is, in whatever manner viewed, a veritable
alienation of a nation's soul for some pieces of foreign silver. And so we The antecedents are not disputed.1âwphi1.nêt
ask: What advantage, which cannot be equally drawn from a qualified
Filipino, can be gained by the Filipinos Manila Hotel — and all that it
On 25 March 1998, DOMINO filed his certificate of candidacy for the
stands for — is sold to a non-Filipino? How much of national pride will
position of Representative of the Lone Legislative District of the
vanish if the nation's cultural heritage is entrusted to a foreign entity?
Province of Sarangani indicating in item nine (9) of his certificate that he
On the other hand, how much dignity will be preserved and realized if
had resided in the constituency where he seeks to be elected for one (1)
the national patrimony is safekept in the hands of a qualified, zealous and
year and two (2) months immediately preceding the election.3
well-meaning Filipino? This is the plain and simple meaning of
the Filipino First Policy provision of the Philippine Constitution. And this
Court, heeding the clarion call of the Constitution and accepting the On 30 March 1998, private respondents Narciso Ra. Grafilo, Jr., Eddy B.
duty of being the elderly watchman of the nation, will continue to Java, Juan P. Bayonito, Jr., Rosario Samson and Dionisio P. Lim, Sr., fied
respect and protect the sanctity of the Constitution. with the COMELEC a Petition to Deny Due Course to or Cancel
Certificate of Candidacy, which was docketed as SPA No. 98-022 and
assigned to the Second Division of the COMELEC. Private respondents
WHEREFORE, respondents GOVERNMENT SERVICE INSURANCE
alleged that DOMINO, contrary to his declaration in the certificate of
SYSTEM, MANILA HOTEL CORPORATION, COMMITTEE ON
candidacy, is not a resident, much less a registered voter, of the province
PRIVATIZATION and OFFICE OF THE GOVERNMENT CORPORATE
of Sarangani where he seeks election. To substantiate their allegations,
COUNSEL are directed to CEASE and DESIST from selling 51% of the
private respondents presented the following evidence:
shares of the Manila Hotel Corporation to RENONG BERHAD, and to
ACCEPT the matching bid of petitioner MANILA PRINCE HOTEL
CORPORATION to purchase the subject 51% of the shares of the Manila 1. Annex "A" — the Certificate of Candidacy of
Hotel Corporation at P44.00 per share and thereafter to execute the respondent for the position of Congressman of the
necessary clearances and to do such other acts and deeds as may be Lone District of the Province of Sarangani filed with
necessary for purpose. the Office of the Provincial Election Supervisor of
Sarangani on March 25, 1998, where in item 4
thereof he wrote his date of birth as December 5,
SO ORDERED.
1953; in item 9, he claims he have resided in the
constituency where he seeks election for one (1)
year and two (2) months; and, in item 10, that he is
registered voter of Precinct No. 14A-1, Barangay
Poblacion, Alabel, Sarangani;
14. Annex "10" — The affidavit of respondent reciting On 14 July 1998, acting on DOMINO's Motion for Issuance of Temporary
the chronology of events and circumstances leading Restraining Order, the Court directed the parties to maintain the status
to his relocation to the Municipality of Alabel, quo prevailing at the time of the filing of the instant petition.9
Sarangani, appending Annexes "A", "B", "C", "D", "D-
1", "E", "F", "G" with sub-markings "G-1" and "G-2"
and "H" his CTC No. 111`32214C dated September 5, On 15 September 1998, Lucille L. Chiongbian-Solon, (hereafter
1997, which are the same as Annexes "1", "2", "4", "5", INTERVENOR), the candidate receiving the second highest number of
"6-a", "3", "7", "9" with sub-markings "9-a" and "9-b" votes, was allowed by the Court to Intervene.10 INTERVENOR in her
except Annex "H".5 Motion for Leave to Intervene and in her Comment in Intervention 11 is
asking the Court to uphold the disqualification of petitioner Juan
Domino and to proclaim her as the duly elected representative of
On 6 May 1998, the COMELEC 2nd Division promulgated a resolution Sarangani in the 11 May 1998 elections.
declaring DOMINO disqualified as candidate for the position of
representative of the lone district of Sarangani for lack of the one-year
Before us DOMINO raised the following issues for resolution, to wit:
a. Whether or not the judgment of the Metropolitan Trial Court of on the allegation that she is a Filipino citizen
Quezon City declaring petitioner as resident of Sarangani and not qualified to vote, her alleged Filipino citizenship
of Quezon City is final, conclusive and binding upon the whole would still have been left open to question.
world, including the Commission on Elections.
Moreover, the Metropolitan Trial Court of Quezon City in its 18 January
b. Whether or not petitioner herein has resided in the subject decision exceeded its jurisdiction when it declared DOMINO a resident
congressional district for at least one (1) year immediately of the Province of Sarangani, approved and ordered the transfer of his
preceding the May 11, 1998 elections; and voter's registration from Precinct No. 4400-A of Barangay Old Balara,
Quezon City to precinct 14A1 of Barangay Poblacion, Alabel, Sarangani.
It is not within the competence of the trial court, in an exclusion
c. Whether or not respondent COMELEC has jurisdiction over the
proceedings, to declare the challenged voter a resident of another
petition a quo for the disqualification of petitioner.12
municipality. The jurisdiction of the lower court over exclusion cases is
limited only to determining the right of voter to remain in the list of
The first issue. voters or to declare that the challenged voter is not qualified to vote in
the precint in which he is registered, specifying the ground of the voter's
The contention of DOMINO that the decision of the Metropolitan Trial disqualification. The trial court has no power to order the change or
Court of Quezon City in the exclusion proceedings declaring him a transfer of registration from one place of residence to another for it is the
resident of the Province of Sarangani and not of Quezon City is final and function of the election Registration Board as provided under Section 12
conclusive upon the COMELEC cannot be sustained. of R.A. No. 8189. 17 The only effect of the decision of the lower court
excluding the challenged voter from the list of voters, is for the Election
Registration Board, upon receipt of the final decision, to remove the
The COMELEC has jurisdiction as provided in Sec. 78, Art. IX of the voter's registration record from the corresponding book of voters, enter
Omnibus Election Code, over a petition to deny due course to or cancel the order of exclusion therein, and thereafter place the record in the
certificate of candidacy. In the exercise of the said jurisdiction, it is inactive file.18
within the competence of the COMELEC to determine whether false
representation as to material facts was made in the certificate of
candidacy, that will include, among others, the residence of the Finally, the application of the rule on res judicata is unavailing. Identity
candidate. of parties, subject matter and cause of action are indispensable
requirements for the application of said doctrine. Neither herein Private
Respondents nor INTERVENOR, is a party in the exclusion
The determination of the Metropolitan Trial Court of Quezon City in the proceedings. The Petition for Exclusion was filed by DOMINDO himself
exclusion proceedings as to the right of DOMINO to be included or and his wife, praying that he and his wife be excluded from the Voter's
excluded from the list of voters in the precinct within its territorial List on the ground of erroneous registration while the Petition to Deny
jurisdicton, does not preclude the COMELEC, in the determination of Due Course to or Cancel Certificate of Candidacy was filed by private
DOMINO's qualification as a candidate, to pass upon the issue of respondents against DOMINO for alleged false representation in his
compliance with the residency requirement. certificate of candidacy. For the decision to be a basis for the dismissal
by reason of res judicata, it is essential that there must be between the
The proceedings for the exclusion or inclusion of voters in the list of first and the second action identity of parties, identity of subject matter
voters are summary in character. Thus, the factual findings of the trial and identity of causes of action.19 In the present case, the aforesaid
court and its resultant conclusions in the exclusion proceedings on essential requisites are not present. In the case of Nuval v. Guray, et
matters other than the right to vote in the precinct within its territorial al., 20 the Supreme Court in resolving a similar issue ruled that:
jurisdiction are not conclusive upon the COMELEC. Although the court
in inclusion or exclusion proceedings may pass upon any question The question to be solved under the first
necessary to decide the issue raised including the questions of assignment of error is whether or not the judgment
citizenship and residence of the challenged voter, the authority to order rendered in the case of the petition for the exclusion
the inclusion in or exclusion from the list of voters necessarily caries of Norberto Guray's name from the election list of
with it the power to inquire into and settle all matters essential to the Luna, is res judicata, so as to prevent the institution
exercise of said authority. However, except for the right to remain in the and prosecution of an action in quo warranto, which
list of voters or for being excluded therefrom for the particular election is now before us.
in relation to which the proceedings had been held, a decision in an
exclusion or inclusion proceeding, even if final and unappealable, does
not acquire the nature of res judicata.13 In this sense, it does not operate The procedure prescribed by section 437 of the
as a bar to any future action that a party may take concerning the subject Administrative Code, as amended by Act No. 3387,
passed upon in the proceeding.14Thus, a decision in an exclusion is of a summary character and the judgment
proceeding would neither be conclusive on the voter's political status, rendered therein is not appealable except when the
nor bar subsequent proceedings on his right to be registered as a voter petition is tried before the justice of the peace of the
in any other election.15 capital or the circuit judge, in which case it may be
appealed to the judge of first instance, with whom
said two lower judges have concurrent jurisdiction.
Thus, in Tan Cohon v. Election Registrar16 we ruled that:
In said case of the petition for exclusion, the cause While this may be so, actual and physical is not in itself sufficient to
of action was that Norberto Guray had not the six show that from said date he had transferred his residence in that place.
months' legal residence in the municipality of Luna To establish a new domicile of choice, personal presence in the place
to be a qualified voter thereof, while in the present must be coupled with conduct indicative of that intention. While
proceeding of quo warranto, the cause of action is "residence" simply requires bodily presence in a given place, "domicile"
that Norberto Guray has not the one year's legal requires not only such bodily presence in that place but also a declared
residence required for eligibility to the office of and probable intent to make it one's fixed and permanent place of abode,
municipal president of Luna. Neither does there one's home.28
exist therefore, identity of causes of action.
As a general rule, the principal elements of domicile, physical presence
In order that res judicata may exist the following are in the locality involved and intention to adopt it as a domicile, must
necessary: (a) identity of parties; (b) identity of concur in order to establish a new domicile. No change of domicile will
things; and (c) identity of issues (Aquino v. Director result if either of these elements is absent. Intention to acquire a domicile
of Lands, 39 Phil. 850). And as in the case of the without actual residence in the locality does not result in acquisition of
petition for excluision and in the domicile, nor does the fact of physical presence without intention.29
present quo warranto proceeding, as there is no
identity of parties, or of things or litigious matter, The lease contract entered into sometime in January 1997, does not
or of issues or causes of action, there is no res
adequately support a change of domicile. The lease contract may be
judicata.
indicative of DOMINO's intention to reside in Sarangani but it does not
engender the kind of permanency required to prove abandonment of
The Second Issue. one's original domicile. The mere absence of individual from his
permanent residence, no matter how long, without the intention to
abandon it does not result in loss or change of
Was DOMINO a resident of the Province of Sarangani for at least one
domicile. 30 Thus the date of the contract of lease of a house and lot
year immediately preceding the 11 May 1998 election as stated in his
located in the province of Sarangani, i.e., 15 January 1997, cannot be
certificate of candidacy?
used, in the absence of other circumstances, as the reckoning period of
the one-year residence requirement.
We hold in the negative.
Further, Domino's lack of intention to abandon his residence in Quezon
It is doctrinally settled that the term "residence," as used in the law City is further strengthened by his act of registering as voter in one of
prescribing the qualifications for suffrage and for elective office, means the precincts in Quezon City. While voting is not conclusive of
the same thing as "domicile," which imports not only an intention to residence, it does give rise to a strong presumption of residence
reside in a fixed place but also personal presence in that place, coupled especially in this case where DOMINO registered in his former
with conduct indicative of such intention.21 "Domicile" denotes a fixed barangay. Exercising the right of election franchise is a deliberate public
permanent residence to which, whenever absent for business, pleasure, assertion of the fact of residence, and is said to have decided
or some other reasons, one intends to return.22 "Domicile" is a question preponderance in a doubtful case upon the place the elector claims as,
of intention and circumstances. In the consideration of circumstances, or believes to be, his residence.31The fact that a party continously voted
three rules must be borne in mind, namely: (1) that a man must have a in a particular locality is a strong factor in assisting to determine the
residence or domicile somewhere; (2) when once established it remains status of his domicile.32
until a new one is acquired; and (3) a man can have but one residence or
domicile at a time.23
His claim that his registration in Quezon City was erroneous and was
caused by events over which he had no control cannot be sustained. The
Records show that petitioner's domicile of origin was Candon, Ilocos general registration of voters for purposes of the May 1998 elections was
Sur 24 and that sometime in 1991, he acquired a new domicile of choice scheduled for two (2) consecutive weekends, viz.: June 14, 15, 21, and
at 24 Bonifacio St. Ayala Heights, Old Balara, Quezon City, as shown by 22.33
his certificate of candidacy for the position of representative of the 3rd
District of Quezon City in the May 1995 election. Petitioner is now
While, Domino's intention to establish residence in Sarangani can be
claiming that he had effectively abandoned his "residence" in Quezon
gleaned from the fact that be bought the house he was renting on
City and has established a new "domicile" of choice at the Province of
November 4, 1997, that he sought cancellation of his previous
Sarangani.
registration in Qezon City on 22 October 1997,34 and that he applied for
transfer of registration from Quezon City to Sarangani by reason of
A person's "domicile" once established is considered to continue and change of residence on 30 August 1997,35 DOMINO still falls short of the
will not be deemed lost until a new one is established. 25 To successfully one year residency requirement under the Constitution.
In showing compliance with the residency requirement, both intent and received the other votes would be to substitute our judgment for the
actual presence in the district one intends to represent must satisfy the mind of the voters. He could not be considered the first among qualified
length of time prescribed by the fundamental law.36 Domino's failure to candidates because in a field which excludes the qualified candidate, the
do so rendered him ineligible and his election to office null and void.37 conditions would have substantially changed.46
The Third Issue. Sound policy dictates that public elective offices are filled by those who
have received the highest number of votes cast in the election for that
office, and it is fundamental idea in all republican forms of government
DOMINO's contention that the COMELEC has no jurisdiction in the
present petition is bereft of merit. that no one can be declared elected and no measure can be declared
carried unless he or it receives a majority or plurality of the legal votes
cast in the election.47
As previously mentioned, the COMELEC, under Sec. 78, Art. IX of the
Omnibus Election Code, has jurisdiction over a petition to deny due
The effect of a decision declaring a person ineligible to hold an office is
course to or cancel certificate of candidacy. Such jurisdiction continues
even after election, if for any reason no final judgment of disqualification only that the election fails entirely, that the wreath of victory cannot be
transferred48 from the disqualified winner to the repudiated loser
is rendered before the election, and the candidate facing disqualification
because the law then as now only authorizes a declaration of election in
is voted for and receives the highest number of votes38 and provided
favor of the person who has obtained a plurality of votes49 and does not
further that the winning candidate has not been proclaimed or has taken
entitle the candidate receiving the next highest number of votes to be
his oath of office.39
declared elected. In such case, the electors have failed to make a choice
and the election is a nullity.50 To allow the defeated and repudiated
It has been repeatedly held in a number of cases, that the House of candidate to take over the elective position despite his rejection by the
Representatives Electoral Tribunal's sole and exclusive jurisdiction over electorate is to disenfranchise the electorate without any fault on their
all contests relating to the election, returns and qualifications of part and to undermine the importance and meaning of democracy and
members of Congress as provided under Section 17 of Article VI of the the people's right to elect officials of their choice.51
Constitution begins only after a candidate has become a member of the
House of Representatives. 40
INTERVENOR's plea that the votes cast in favor of DOMINO be
considered stray votes cannot be sustained. INTERVENOR's reliance on
The fact of obtaining the highest number of votes in an election does not the opinion made in the Labo, Jr. case52 to wit: if the electorate, fully
automatically vest the position in the winning candidate.41 A candidate aware in fact and in law of a candidate's disqualification so as to bring
must be proclaimed and must have taken his oath of office before he can such awareness within the realm of notoriety, would nevertheless cast
be considered a member of the House of Representatives. their votes in favor of the ineligible candidate, the electorate may be said
to have waived the validity and efficacy of their votes by notoriously
In the instant case, DOMINO was not proclaimed as Congressman-elect misapplying their franchise or throwing away their votes, in which case,
of the Lone Congressional District of the Province of Sarangani by the eligible candidate obtaining the next higher number of votes may be
reason of a Supplemental Omnibus Resolution issued by the COMELEC deemed elected, is misplaced.
on the day of the election ordering the suspension of DOMINO's
proclamation should he obtain the winning number of votes. This Contrary to the claim of INTERVENOR, petitioner was not notoriously
resolution was issued by the COMELEC in view of the non-finality of its known by the public as an ineligible candidate. Although the resolution
6 May 1998 resolution disqualifying DOMINO as candidate for the declaring him ineligible as candidate was rendered before the election,
position. however, the same is not yet final and executory. In fact, it was no less
than the COMELEC in its Supplemental Omnibus Resolution No. 3046
Cosidering that DOMINO has not been proclaimed as Congressman- that allowed DOMINO to be voted for the office and ordered that the
elect in the Lone Congressional District of the Province of Sarangani he votes cast for him be counted as the Resolution declaring him ineligible
cannot be deemed a member of the House of Representatives. Hence, it has not yet attained finality. Thus the votes cast for DOMINO are
is the COMELEC and not the Electoral Tribunal which has jurisdiction presumed to have been cast in the sincere belief that he was a qualified
over the issue of his ineligibility as a candidate.42 candidate, without any intention to misapply their franchise. Thus, said
votes can not be treated as stray, void, or meaningless.53
It is now settled doctrine that the candidate who obtains the second
highest number of votes may not be proclaimed winner in case the
winning candidate is disqualified.43 In every election, the people's choice
is the paramount consideration and their expressed will must, at all
times, be given effect. When the majority speaks and elects into office a
candidate by giving the highest number of votes cast in the election for
that office, no one can be declared elected in his place.44
RESOLUTION
TINGA, J.:
Petitioner Rev. Elly Velez Pamatong filed his Certificate of Candidacy for
President on December 17, 2003. Respondent Commission on Elections
(COMELEC) refused to give due course to petitioner’s Certificate of
Candidacy in its Resolution No. 6558 dated January 17, 2004. The decision,
however, was not unanimous since Commissioners Luzviminda G.
Tancangco and Mehol K. Sadain voted to include petitioner as they
believed he had parties or movements to back up his candidacy.
The question of whether a candidate is a nuisance candidate or not is G.R. No. 197221
both legal and factual. The basis of the factual determination is not
before this Court. Thus, the remand of this case for the reception of
further evidence is in order. REP. EDCEL C. LAGMAN, Petitioner,
vs.
PAQUITO N. OCHOA, JR., in his capacity as the Executive Secretary,
A word of caution is in order. What is at stake is petitioner’s aspiration and the COMMISSION ON ELECTIONS,Respondents.
and offer to serve in the government. It deserves not a cursory treatment
but a hearing which conforms to the requirements of due process.
x-----------------------x
x-----------------------x
The COMELEC is directed to hold and complete the reception of
evidence and report its findings to this Court with deliberate dispatch.
G.R. No. 197282
SO ORDERED.
ATTY. ROMULO B. MACALINTAL, Petitioner,
vs.
COMMISSION ON ELECTIONS and THE OFFICE OF THE
PRESIDENT, through EXECUTIVE SECRETARY PAQUITO N.
OCHOA, JR., Respondents.
x-----------------------x
G.R. No. 197392 IV. SECTION 3, ARTICLE XVII OF R.A. 9054 DOES NOT
VIOLATE SECTION 18, ARTICLE X OF THE
LOUIS "BAROK" C. BIRAOGO, Petitioner, CONSTITUTION.
vs.
THE COMMISSION ON ELECTIONS and EXECUTIVE V. BALANCE OF INTERESTS TILT IN FAVOR OF THE
SECRETARY PAQUITO N. OCHOA, JR., Respondents. DEMOCRATIC PRINCIPLE[.]1
x-----------------------x The petitioner in G.R. No. 197221 raises similar grounds, arguing that:
These motions assail our Decision dated October 18, 2011, where we IV. THE CONSTITUTION DOES NOT PROSCRIBE THE
upheld the constitutionality of Republic Act (RA) No. 10153. Pursuant HOLDOVER OF ARMM ELECTED OFFICIALS PENDING
to the constitutional mandate of synchronization, RA No. 10153 THE ELECTION AND QUALIFICATION OF THEIR
postponed the regional elections in the Autonomous Region in Muslim SUCCESSORS.
Mindanao (ARMM) (which were scheduled to be held on the second
Monday of August 2011) to the second Monday of May 2013 and V. THE RULING IN OSMENA DOES NOT APPLY TO
recognized the President’s power to appoint officers-in-charge (OICs) to ARMM ELECTED OFFICIALS WHOSE TERMS OF OFFICE
temporarily assume these positions upon the expiration of the terms of ARE NOT PROVIDED FOR BY THE CONSTITUTION BUT
the elected officials. PRESCRIBED BY THE ORGANIC ACTS.
II. R.A. 10153 AND R.A. 9333 AMEND THE ORGANIC ACT. VIII. SYNCHRONIZATION OF THE ARMM ELECTION
WITH THE NATIONAL AND LOCAL ELECTIONS IS NOT
MANDATED BY THE CONSTITUTION.
III. THE SUPERMAJORITY PROVISIONS OF THE
ORGANIC ACT (R.A. 9054) ARE NOT IRREPEALABLE
LAWS. IX. THE COMELEC HAS THE AUTHORITY TO HOLD AND
CONDUCT SPECIAL ELECTIONS IN ARMM, AND THE
ENACTMENT OF AN IMPROVIDENT AND
UNCONSTITUTIONAL STATUTE IS AN ANALOGOUS TO A PLEBISCITE IN THE ARMM FOR APPROVAL BY ITS
CAUSE WARRANTING COMELEC’S HOLDING OF PEOPLE, WHICH PLEBISCITE REQUIREMENT CANNOT
SPECIAL ELECTIONS.2 (italics supplied) BE CIRCUMVENTED BY SIMPLY CHARACTERIZING THE
PROVISIONS OF R.A. NO. 10153 ON APPOINTMENT OF
OICs AS AN "INTERIM MEASURE".
The petitioner in G.R. No. 196305 further asserts that:
B.
I. BEFORE THE COURT MAY CONSTRUE OR INTERPRET
A STATUTE, IT IS A CONDITION SINE QUA NON THAT
THERE BE DOUBT OR AMBIGUITY IN ITS LANGUAGE. THE HONORABLE COURT ERRED IN RULING THAT THE
APPOINTMENT BY THE PRESIDENT OF OICs FOR THE
ARMM REGIONAL GOVERNMENT IS NOT VIOLATIVE
THE TRANSITORY PROVISIONS HOWEVER ARE CLEAR
OF THE CONSTITUTION.
AND UNAMBIGUOUS: THEY REFER TO THE 1992
ELECTIONS AND TURN-OVER OF ELECTIVE OFFICIALS.
C.
IN THUS RECOGNIZING A SUPPOSED "INTENT" OF THE
FRAMERS, AND APPLYING THE SAME TO ELECTIONS 20 THE HOLDOVER PRINCIPLE ADOPTED IN R.A. NO. 9054
YEARS AFTER, THE HONORABLE SUPREME COURT DOES NOT VIOLATE THE CONSTITUTION, AND BEFORE
MAY HAVE VIOLATED THEFOREMOST RULE IN THEIR SUCCESSORS ARE ELECTED IN EITHER AN
STATUTORY CONSTRUCTION. ELECTION TO BE HELD AT THE SOONEST POSSIBLE
TIME OR IN MAY 2013, THE SAID INCUMBENT ARMM
REGIONAL OFFICIALS MAY VALIDLY CONTINUE
xxxx
FUNCTIONING AS SUCH IN A HOLDOVER CAPACITY IN
ACCORDANCE WITH SECTION 7, ARTICLE VII OF R.A.
II. THE HONORABLE COURT SHOULD HAVE NO. 9054.
CONSIDERED THAT RA 9054, AN ORGANIC ACT, WAS
COMPLETE IN ITSELF. HENCE, RA 10153 SHOULD BE
D.
CONSIDERED TO HAVE BEEN ENACTED PRECISELY TO
AMEND RA 9054.
WITH THE CANCELLATION OF THE AUGUST 2011
xxxx ARMM ELECTIONS, SPECIAL ELECTIONS MUST
IMMEDIATELY BE HELD FOR THE ELECTIVE REGIONAL
OFFICIALS OF THE ARMM WHO SHALL SERVE UNTIL
III. THE HONORABLE COURT MAY HAVE COMMITTED THEIR SUCCESSORS ARE ELECTED IN THE MAY 2013
A SERIOUS ERROR IN DECLARING THE 2/3 VOTING SYNCHRONIZED ELECTIONS.4
REQUIREMENT SET FORTH IN RA 9054 AS
UNCONSTITUTIONAL.
Finally, the petitioners in G.R. No. 197280 argue that:
xxxx
a) the Constitutional mandate of synchronization does not
apply to the ARMM elections;
IV. THE HONORABLE COURT MAY HAVE COMMITTED
A SERIOUS ERROR IN HOLDING THAT A PLEBISCITE IS
b) RA No. 10153 negates the basic principle of republican
NOT NECESSARY IN AMENDING THE ORGANIC ACT.
democracy which, by constitutional mandate, guides the
governance of the Republic;
xxxx
c) RA No. 10153 amends the Organic Act (RA No. 9054) and,
V. THE HONORABLE COURT COMMITTED A SERIOUS thus, has to comply with the 2/3 vote from the House of
ERROR IN DECLARING THE HOLD-OVER OF ARMM Representatives and the Senate, voting separately, and be
ELECTIVE OFFICIALS UNCONSTITUTIONAL. ratified in a plebiscite;
A.
f) it would be better to hold the ARMM elections separately
from the national and local elections as this will make it easier
ASSUMING WITHOUT CONCEDING THAT THE for the authorities to implement election laws.
APPOINTMENT OF OICs FOR THE REGIONAL
GOVERNMENT OF THE ARMM IS NOT
UNCONSTITUTIONAL TO BEGIN WITH, SUCH In essence, the Court is asked to resolve the following questions:
APPOINTMENT OF OIC REGIONAL OFFICIALS WILL
CREATE A FUNDAMENTAL CHANGE IN THE BASIC (a) Does the Constitution mandate the synchronization of
STRUCTURE OF THE REGIONAL GOVERNMENT SUCH ARMM regional elections with national and local elections?
THAT R.A. NO. 10153 SHOULD HAVE BEEN SUBMITTED
(b) Does RA No. 10153 amend RA No. 9054? If so, does RA This was presented by Commissioner Davide, so may we ask that
No. 10153 have to comply with the supermajority vote and Commissioner Davide be recognized.
plebiscite requirements?
THE PRESIDING OFFICER (Mr. Rodrigo). Commissioner Davide is
(c) Is the holdover provision in RA No. 9054 constitutional? recognized.
(d) Does the COMELEC have the power to call for special MR. DAVIDE. Before going to the proposed amendment, I would only
elections in ARMM? state that in view of the action taken by the Commission on Section 2
earlier, I am formulating a new proposal. It will read as follows: "THE
SENATORS, MEMBERS OF THE HOUSE OF REPRESENTATIVES
(e) Does granting the President the power to appoint OICs
AND THE LOCAL OFFICIALS FIRST ELECTED UNDER THIS
violate the elective and representative nature of ARMM
CONSTITUTION SHALL SERVE UNTIL NOON OF JUNE 30, 1992."
regional legislative and executive offices?
Synchronization mandate includes ARMM elections So under my proposal we will be able to begin actual synchronization
in 1992, and consequently, we should not have a local election or an
election for Members of the Lower House in 1990 for them to be able to
The Court was unanimous in holding that the Constitution mandates complete their term of three years each. And if we also stagger the
the synchronization of national and local elections. While the Senate, upon the first election it will result in an election in 1993 for the
Constitution does not expressly instruct Congress to synchronize the Senate alone, and there will be an election for 12 Senators in 1990. But
national and local elections, the intention can be inferred from the for the remaining 12 who will be elected in 1987, if their term is for six
following provisions of the Transitory Provisions (Article XVIII) of the years, their election will be in 1993. So, consequently we will have
Constitution, which state: elections in 1990, in 1992 and in 1993. The later election will be limited
to only 12 Senators and of course to the local officials and the Members
Section 1. The first elections of Members of the Congress under this of the Lower House. But, definitely, thereafter we can never have an
Constitution shall be held on the second Monday of May, 1987. election once every three years, therefore defeating the very purpose of
the Commission when we adopted the term of six years for the President
and another six years for the Senators with the possibility of staggering
The first local elections shall be held on a date to be determined by the
with 12 to serve for six years and 12 for three years insofar as the first
President, which may be simultaneous with the election of the Members
Senators are concerned. And so my proposal is the only way to effect
of the Congress. It shall include the election of all Members of the city or
the first synchronized election which would mean, necessarily, a
municipal councils in the Metropolitan Manila area.
bonus of two years to the Members of the Lower House and a bonus
of two years to the local elective officials.
Section 2. The Senators, Members of the House of Representatives, and
the local officials first elected under this Constitution shall serve until
THE PRESIDING OFFICER (Mr. Rodrigo). What does the committee
noon of June 30, 1992.
say?
Of the Senators elected in the elections in 1992, the first twelve obtaining
MR. DE CASTRO. Mr. Presiding Officer.
the highest number of votes shall serve for six years and the remaining
twelve for three years.
THE PRESIDING OFFICER (Mr. Rodrigo). Commissioner de Castro is
recognized.
xxxx
MR. GUINGONA. Yes. The petitioners further argue that even assuming that the Constitution
mandates the synchronization of elections, the ARMM elections are not
covered by this mandate since they are regional elections and not local
MR. DAVIDE. In other words, there will be a single election in 1992 elections.
for all, from the President up to the municipal officials.5 (emphases
and underscoring ours)
In construing provisions of the Constitution, the first rule is verba legis,
"that is, wherever possible, the words used in the Constitution must be
The framers of the Constitution could not have expressed their objective given their ordinary meaning except where technical terms are
more clearly – there was to be a single election in 1992 for all elective employed."9 Applying this principle to determine the scope of "local
officials – from the President down to the municipal officials. elections," we refer to the meaning of the word "local," as understood in
Significantly, the framers were even willing to temporarily lengthen or its ordinary sense. As defined in Webster’s Third New International
shorten the terms of elective officials in order to meet this objective, Dictionary Unabridged, "local" refers to something "that primarily
highlighting the importance of this constitutional mandate. serves the needs of a particular limited district, often a community or
minor political subdivision." Obviously, the ARMM elections, which are
We came to the same conclusion in Osmeña v. Commission on held within the confines of the autonomous region of Muslim
Elections,6 where we unequivocally stated that "the Constitution has Mindanao, fall within this definition.
mandated synchronized national and local elections."7 Despite the
length and verbosity of their motions, the petitioners have failed to To be sure, the fact that the ARMM possesses more powers than other
convince us to deviate from this established ruling. provinces, cities, or municipalities is not enough reason to treat the
ARMM regional elections differently from the other local elections. Ubi
Neither do we find any merit in the petitioners’ contention that the lex non distinguit nec nos distinguire debemus. When the law does not
ARMM elections are not covered by the constitutional mandate of distinguish, we must not distinguish.10
synchronization because the ARMM elections were not specifically
mentioned in the above-quoted Transitory Provisions of the RA No. 10153 does not amend RA No. 9054
Constitution.
The Second Organic Act – RA No. 9054 – which lapsed into law on Under our Constitution, each House of Congress has the power to
March 31, 2001, provided that the first elections would be held on the approve bills by a mere majority vote, provided there is quorum. 17 In
second Monday of September 2001. Thereafter, Congress passed RA No. requiring all laws which amend RA No. 9054 to comply with a higher
9140 to reset the date of the ARMM elections. Significantly, while RA voting requirement than the Constitution provides (2/3 vote), Congress,
No. 9140 also scheduled the plebiscite for the ratification of the Second which enacted RA No. 9054, clearly violated the very principle which
Organic Act (RA No. 9054), the new date of the ARMM regional we sought to establish in Duarte. To reiterate, the act of one legislature
elections fixed in RA No. 9140 was not among the provisions ratified is not binding upon, and cannot tie the hands of, future legislatures. 18
in the plebiscite held to approve RA No. 9054. Thereafter, Congress
passed RA No. 9333, which further reset the date of the ARMM regional We also highlight an important point raised by Justice Antonio T. Carpio
elections. Again, this law was not ratified through a plebiscite. in his dissenting opinion, where he stated: "Section 1, Article XVII of RA
9054 erects a high vote threshold for each House of Congress to
From these legislative actions, we see the clear intention of Congress to surmount, effectively and unconstitutionally, taking RA 9054 beyond
treat the laws which fix the date of the subsequent ARMM elections as the reach of Congress’ amendatory powers. One Congress cannot limit
separate and distinct from the Organic Acts. Congress only acted or reduce the plenary legislative power of succeeding Congresses by
consistently with this intent when it passed RA No. 10153 without requiring a higher vote threshold than what the Constitution requires to
requiring compliance with the amendment prerequisites embodied in enact, amend or repeal laws. No law can be passed fixing such a higher
Section 1 and Section 3, Article XVII of RA No. 9054. 12 (emphases vote threshold because Congress has no power, by ordinary legislation,
supplied) to amend the Constitution."19
The petitioner in G.R. No. 196305 contends, however, that there is no Plebiscite requirement in RA No. 9054 overly broad
lacuna in RA No. 9054 as regards the date of the subsequent ARMM
elections. In his estimation, it can be implied from the provisions of RA Similarly, we struck down the petitioners’ contention that the plebiscite
No. 9054 that the succeeding elections are to be held three years after the requirement20 applies to all amendments of RA No. 9054 for being an
date of the first ARMM regional elections. unreasonable enlargement of the plebiscite requirement set forth in the
Constitution.
We find this an erroneous assertion. Well-settled is the rule that the
court may not, in the guise of interpretation, enlarge the scope of a Section 18, Article X of the Constitution provides that "[t]he creation of
statute and include therein situations not provided nor intended by the the autonomous region shall be effective when approved by majority of
lawmakers. An omission at the time of enactment, whether careless or the votes cast by the constituent units in a plebiscite called for the
calculated, cannot be judicially supplied however later wisdom may purpose[.]" We interpreted this to mean that only amendments to, or
recommend the inclusion.13 Courts are not authorized to insert into the revisions of, the Organic Act constitutionally-essential to the creation
law what they think should be in it or to supply what they think the of autonomous regions – i.e., those aspects specifically mentioned in the
legislature would have supplied if its attention had been called to the Constitution which Congress must provide for in the Organic Act21 –
omission.14Providing for lapses within the law falls within the exclusive require ratification through a plebiscite. We stand by this interpretation.
domain of the legislature, and courts, no matter how well-meaning,
have no authority to intrude into this clearly delineated space.
The petitioners argue that to require all amendments to RA No. 9054 to
comply with the plebiscite requirement is to recognize that sovereignty
Since RA No. 10153 does not amend, but merely fills in the gap in RA resides primarily in the people.
No. 9054, there is no need for RA No. 10153 to comply with the
amendment requirements set forth in Article XVII of RA No. 9054.
While we agree with the petitioners’ underlying premise that
sovereignty ultimately resides with the people, we disagree that this
Supermajority vote requirement makes RA No. 9054 an irrepealable law legal reality necessitates compliance with the plebiscite requirement for
all amendments to RA No. 9054. For if we were to go by the petitioners’
Even assuming that RA No. 10153 amends RA No. 9054, however, we interpretation of Section 18, Article X of the Constitution that all
have already established that the supermajority vote requirement set amendments to the Organic Act have to undergo the plebiscite
forth in Section 1, Article XVII of RA No. 9054 15 is unconstitutional for requirement before becoming effective, this would lead to impractical
violating the principle that Congress cannot pass irrepealable laws. and illogical results – hampering the ARMM’s progress by impeding
Congress from enacting laws that timely address problems as they arise
in the region, as well as weighing down the ARMM government with
The power of the legislature to make laws includes the power to amend
the costs that unavoidably follow the holding of a plebiscite.
and repeal these laws. Where the legislature, by its own act, attempts to
limit its power to amend or repeal laws, the Court has the duty to strike
down such act for interfering with the plenary powers of Congress. As Interestingly, the petitioner in G.R. No. 197282 posits that RA No. 10153,
we explained in Duarte v. Dade:16 in giving the President the power to appoint OICs to take the place of
the elective officials of the ARMM, creates a fundamental change in the
basic structure of the government, and thus requires compliance with
A state legislature has a plenary law-making power over all subjects,
the plebiscite requirement embodied in RA No. 9054.
whether pertaining to persons or things, within its territorial
jurisdiction, either to introduce new laws or repeal the old, unless
prohibited expressly or by implication by the federal constitution or Again, we disagree.
limited or restrained by its own. It cannot bind itself or its successors by
enacting irrepealable laws except when so restrained. Every legislative
The pertinent provision in this regard is Section 3 of RA No. 10153, Even assuming that a holdover is constitutionally permissible, and there
which reads: had been statutory basis for it (namely Section 7, Article VII of RA No.
9054), the rule of holdover can only apply as an available option where
Section 3. Appointment of Officers-in-Charge. — The President shall no express or implied legislative intent to the contrary exists; it cannot
apply where such contrary intent is evident.23
appoint officers-in-charge for the Office of the Regional Governor,
Regional Vice Governor and Members of the Regional Legislative
Assembly who shall perform the functions pertaining to the said offices Congress, in passing RA No. 10153 and removing the holdover option,
until the officials duly elected in the May 2013 elections shall have has made it clear that it wants to suppress the holdover rule expressed
qualified and assumed office. in RA No. 9054. Congress, in the exercise of its plenary legislative
powers, has clearly acted within its discretion when it deleted the
holdover option, and this Court has no authority to question the wisdom
We cannot see how the above-quoted provision has changed the basic
of this decision, absent any evidence of unconstitutionality or grave
structure of the ARMM regional government. On the contrary, this
abuse of discretion. It is for the legislature and the executive, and not
provision clearly preserves the basic structure of the ARMM regional
this Court, to decide how to fill the vacancies in the ARMM regional
government when it recognizes the offices of the ARMM regional
government and directs the OICs who shall temporarily assume these government which arise from the legislature complying with the
constitutional mandate of synchronization.
offices to "perform the functions pertaining to the said offices."
The petitioners are one in defending the constitutionality of Section 7(1), Neither do we find any merit in the contention that the Commission on
Elections (COMELEC) is sufficiently empowered to set the date of
Article VII of RA No. 9054, which allows the regional officials to remain
special elections in the ARMM. To recall, the Constitution has merely
in their positions in a holdover capacity. The petitioners essentially
empowered the COMELEC to enforce and administer all laws and
argue that the ARMM regional officials should be allowed to remain in
regulations relative to the conduct of an election.24 Although the
their respective positions until the May 2013 elections since there is no
legislature, under the Omnibus Election Code (Batas Pambansa Bilang
specific provision in the Constitution which prohibits regional elective
officials from performing their duties in a holdover capacity. [BP] 881), has granted the COMELEC the power to postpone elections
to another date, this power is confined to the specific terms and
circumstances provided for in the law. Specifically, this power falls
The pertinent provision of the Constitution is Section 8, Article X which within the narrow confines of the following provisions:
provides:
Section 5. Postponement of election. - When for any serious cause such
Section 8. The term of office of elective local officials, except barangay as violence, terrorism, loss or destruction of election paraphernalia or
officials, which shall be determined by law, shall be three years and no records, force majeure, and other analogous causes of such a nature
such official shall serve for more than three consecutive terms. that the holding of a free, orderly and honest election should become
[emphases ours] impossible in any political subdivision, the Commission, motu proprio or
upon a verified petition by any interested party, and after due notice
On the other hand, Section 7(1), Article VII of RA No. 9054 provides: and hearing, whereby all interested parties are afforded equal
opportunity to be heard, shall postpone the election therein to a date
which should be reasonably close to the date of the election not held,
Section 7. Terms of Office of Elective Regional Officials. – (1) Terms of suspended or which resulted in a failure to elect but not later than
Office. The terms of office of the Regional Governor, Regional Vice thirty days after the cessation of the cause for such postponement or
Governor and members of the Regional Assembly shall be for a period suspension of the election or failure to elect.
of three (3) years, which shall begin at noon on the 30th day of
September next following the day of the election and shall end at noon
of the same date three (3) years thereafter. The incumbent elective Section 6. Failure of election. - If, on account of force
officials of the autonomous region shall continue in effect until their majeure, violence, terrorism, fraud, or other analogous causes the
successors are elected and qualified. election in any polling place has not been held on the date
fixed, or had been suspended before the hour fixed by law for the
closing of the voting, or after the voting and during the preparation and
The clear wording of Section 8, Article X of the Constitution expresses the transmission of the election returns or in the custody or canvass
the intent of the framers of the Constitution to categorically set a thereof, such election results in a failure to elect, and in any of such
limitation on the period within which all elective local officials can cases the failure or suspension of election would affect the result of the
occupy their offices. We have already established that elective ARMM election, the Commission shall, on the basis of a verified petition by any
officials are also local officials; they are, thus, bound by the three-year interested party and after due notice and hearing, call for the holding or
term limit prescribed by the Constitution. It, therefore, becomes continuation of the election not held, suspended or which resulted in a
irrelevant that the Constitution does not expressly prohibit elective failure to elect on a date reasonably close to the date of the election not
officials from acting in a holdover capacity. Short of amending the held, suspended or which resulted in a failure to elect but not later than
Constitution, Congress has no authority to extend the three-year term thirty days after the cessation of the cause of such postponement or
limit by inserting a holdover provision in RA No. 9054. Thus, the term suspension of the election or failure to elect. [emphases and
of three years for local officials should stay at three (3) years, as fixed by underscoring ours]
the Constitution, and cannot be extended by holdover by Congress.
We reiterate once more the importance of considering RA No. 10153 not Firstly, the principle of judicial courtesy is based on the hierarchy of
in a vacuum, but within the context it was enacted in. In the first place, courts and applies only to lower courts in instances where, even if there
Congress enacted RA No. 10153 primarily to heed the constitutional is no writ of preliminary injunction or TRO issued by a higher court, it
mandate to synchronize the ARMM regional elections with the national would be proper for a lower court to suspend its proceedings for
and local elections. To do this, Congress had to postpone the scheduled practical and ethical considerations.35 In other words, the principle of
ARMM elections for another date, leaving it with the problem of how to "judicial courtesy" applies where there is a strong probability that the
provide the ARMM with governance in the intervening period, between issues before the higher court would be rendered moot and moribund
the expiration of the term of those elected in August 2008 and the as a result of the continuation of the proceedings in the lower court or
assumption to office – twenty-one (21) months away – of those who will court of origin.36Consequently, this principle cannot be applied to the
win in the synchronized elections on May 13, 2013. President, who represents a co-equal branch of government. To suggest
otherwise would be to disregard the principle of separation of powers,
on which our whole system of government is founded upon.
In our assailed Decision, we already identified the three possible
solutions open to Congress to address the problem created by
synchronization – (a) allow the incumbent officials to remain in office Secondly, the fact that our previous decision was based on a slim vote
after the expiration of their terms in a holdover capacity; (b) call for of 8-7 does not, and cannot, have the effect of making our ruling any less
special elections to be held, and shorten the terms of those to be elected effective or binding. Regardless of how close the voting is, so long as
so the next ARMM regional elections can be held on May 13, 2013; or (c) there is concurrence of the majority of the members of the en banc who
recognize that the President, in the exercise of his appointment powers actually took part in the deliberations of the case,37 a decision garnering
and in line with his power of supervision over the ARMM, can appoint only 8 votes out of 15 members is still a decision of the Supreme Court
interim OICs to hold the vacated positions in the ARMM regional en banc and must be respected as such. The petitioners are, therefore,
government upon the expiration of their terms. We have already not in any position to speculate that, based on the voting, "the
established the unconstitutionality of the first two options, leaving us to probability exists that their motion for reconsideration may be
consider the last available option. granted."38
In this way, RA No. 10153 is in reality an interim measure, enacted to Similarly, the petitioner in G.R. No. 197282, in his Very Urgent Motion
respond to the adjustment that synchronization requires. Given the to Issue Clarificatory Resolution, argues that since motions for
context, we have to judge RA No. 10153 by the standard of reconsideration were filed by the aggrieved parties challenging our
reasonableness in responding to the challenges brought about by October 18, 2011 decision in the present case, the TRO we initially issued
synchronizing the ARMM elections with the national and local elections. on September 13, 2011 should remain subsisting and effective. He
In other words, "given the plain unconstitutionality of providing for a further argues that any attempt by the Executive to implement our
holdover and the unavailability of constitutional possibilities for October 18, 2011 decision pending resolution of the motions for
lengthening or shortening the term of the elected ARMM officials, is the reconsideration "borders on disrespect if not outright insolence"39 to this
choice of the President’s power to appoint – for a fixed and specific Court.
period as an interim measure, and as allowed under Section 16, Article
VII of the Constitution – an unconstitutional or unreasonable choice for
In support of this theory, the petitioner cites Samad v.
Congress to make?"33
COMELEC,40 where the Court held that while it had already issued a
decision lifting the TRO, the lifting of the TRO is not yet final and
We admit that synchronization will temporarily disrupt the election executory, and can also be the subject of a motion for reconsideration.
process in a local community, the ARMM, as well as the community’s The petitioner also cites the minute resolution issued by the Court in
choice of leaders. However, we have to keep in mind that the adoption Tolentino v. Secretary of Finance,41 where the Court reproached the
of this measure is a matter of necessity in order to comply with a Commissioner of the Bureau of Internal Revenue for manifesting its
mandate that the Constitution itself has set out for us. Moreover, the intention to implement the decision of the Court, noting that the Court
implementation of the provisions of RA No. 10153 as an interim measure had not yet lifted the TRO previously issued.42
is comparable to the interim measures traditionally practiced when, for
instance, the President appoints officials holding elective offices upon
We agree with the petitioner that the lifting of a TRO can be included as
the creation of new local government units.
a subject of a motion for reconsideration filed to assail our decision. It
does not follow, however, that the TRO remains effective until after we
The grant to the President of the power to appoint OICs in place of the have issued a final and executory decision, especially considering the
elective members of the Regional Legislative Assembly is neither novel clear wording of the dispositive portion of our October 18, 2011 decision,
nor innovative. The power granted to the President, via RA No. 10153, which states:
to appoint members of the Regional Legislative Assembly is comparable
to the power granted by BP 881 (the Omnibus Election Code) to the
WHEREFORE, premises considered, we DISMISS the consolidated
President to fill any vacancy for any cause in the Regional Legislative
petitions assailing the validity of RA No. 10153 for lack of merit, and
Assembly (then called the Sangguniang Pampook).34
UPHOLD the constitutionality of this law. We likewise LIFT the
temporary restraining order we issued in our Resolution of September
Executive is not bound by the principle of judicial courtesy 13, 2011. No costs.43 (emphases ours)
The petitioners in G.R. No. 197280, in their Manifestation and Motion In this regard, we note an important distinction between Tolentino and
dated December 21, 2011, question the propriety of the appointment by the present case. While it may be true that Tolentino and the present case
are similar in that, in both cases, the petitions assailing the challenged G.R. No. 202242 April 16, 2013
laws were dismissed by the Court, an examination of the dispositive
portion of the decision in Tolentino reveals that the Court did not FRANCISCO I. CHAVEZ, Petitioner,
categorically lift the TRO. In sharp contrast, in the present case, we vs.
expressly lifted the TRO issued on September 13, 2011.1âwphi1 There is, JUDICIALAND BAR COUNCIL, SEN. FRANCIS JOSEPH G.
therefore, no legal impediment to prevent the President from exercising ESCUDERO and REP. NIEL C. TUPAS, JR.,Respondents.
his authority to appoint an acting ARMM Governor and Vice Governor
as specifically provided for in RA No. 10153.
RESOLUTION
Conclusion
MENDOZA, J.:
As a final point, we wish to address the bleak picture that the petitioner
in G.R. No. 197282 presents in his motion, that our Decision has virtually This resolves the Motion for Reconsideration1 filed by the Office of the
given the President the power and authority to appoint 672,416 OICs in Solicitor General (OSG) on behalf of the respondents, Senator Francis
the event that the elections of barangay and Sangguniang Kabataan Joseph G. Escudero and Congressman Niel C. Tupas, Jr. (respondents),
officials are postponed or cancelled. duly opposed2 by the petitioner, former Solicitor General Francisco I.
Chavez (petitioner).
Thus, it conceived of a body, representative of all the stakeholders in the For this reason, the Court cannot accede to the argument of plain
judicial appointment process, and called it the Judicial and Bar Council oversight in order to justify constitutional construction. As stated in the
(JBC). The Framers carefully worded Section 8, Article VIII of the 1987 July 17, 2012 Decision, in opting to use the singular letter "a" to describe
Constitution in this wise: "representative of Congress," the Filipino people through the Framers
intended that Congress be entitled to only one (1) seat in the JBC. Had
the intention been otherwise, the Constitution could have, in no
Section 8. (1) A Judicial and Bar Council is hereby created under the
uncertain terms, so provided, as can be read in its other provisions.
supervision of the Supreme Court composed of the Chief Justice as ex
officio Chairman, the Secretary of Justice, and a representative of the
Congress as ex officio Members, a representative of the Integrated Bar, A reading of the 1987 Constitution would reveal that several provisions
a professor of law, a retired Member of the Supreme Court, and a were indeed adjusted as to be in tune with the shift to bicameralism. One
representative of the private sector. example is Section 4, Article VII, which provides that a tie in the
presidential election shall be broken "by a majority of all the Members
of both Houses of the Congress, voting separately."20 Another is Section
From the moment of the creation of the JBC, Congress designated one
8 thereof which requires the nominee to replace the Vice-President to be
(1) representative to sit in the JBC to act as one of the ex-officio
confirmed "by a majority of all the Members of both Houses of the
members.16 Pursuant to the constitutional provision that Congress is
Congress, voting separately."21 Similarly, under Section 18, the
entitled to one (1) representative, each House sent a representative to
proclamation of martial law or the suspension of the privilege of the writ
the JBC, not together, but alternately or by rotation.
of habeas corpus may be revoked or continued by the Congress, voting
separately, by a vote of at least a majority of all its Members." 22 In all
In 1994, the seven-member composition of the JBC was substantially these provisions, the bicameral nature of Congress was recognized and,
altered.1âwphi1 An eighth member was added to the JBC as the two (2) clearly, the corresponding adjustments were made as to how a matter
representatives from Congress began sitting simultaneously in the JBC, would be handled and voted upon by its two Houses.
with each having one-half (1/2) of a vote.17
Thus, to say that the Framers simply failed to adjust Section 8, Article
In 2001, the JBC En Banc decided to allow the representatives from the VIII, by sheer inadvertence, to their decision to shift to a bicameral form
Senate and the House of Representatives one full vote each.18 It has been of the legislature, is not persuasive enough. Respondents cannot just
the situation since then. lean on plain oversight to justify a conclusion favorable to them. It is
very clear that the Framers were not keen on adjusting the provision on
Grounds relied upon by Respondents congressional representation in the JBC because it was not in the exercise
of its primary function – to legislate. JBC was created to support the
executive power to appoint, and Congress, as one whole body, was
Through the subject motion, respondents pray that the Court reconsider merely assigned a contributory non-legislative function.
its decision and dismiss the petition on the following grounds: 1] that
allowing only one representative from Congress in the JBC would lead
to absurdity considering its bicameral nature; 2] that the failure of the The underlying reason for such a limited participation can easily be
Framers to make the proper adjustment when there was a shift from discerned. Congress has two (2) Houses. The need to recognize the
unilateralism to bicameralism was a plain oversight; 3] that two existence and the role of each House is essential considering that the
representatives from Congress would not subvert the intention of the Constitution employs precise language in laying down the functions
Framers to insulate the JBC from political partisanship; and 4] that the which particular House plays, regardless of whether the two Houses
rationale of the Court in declaring a seven-member composition would consummate an official act by voting jointly or separately. Whether in
provide a solution should there be a stalemate is not exactly correct. the exercise of its legislative23 or its non-legislative functions such as
inter alia, the power of appropriation,24 the declaration of an existence
of a state of war,25 canvassing of electoral returns for the President and
While the Court may find some sense in the reasoning in amplification Vice-President,26 and impeachment,27 the dichotomy of each House
of the third and fourth grounds listed by respondents, still, it finds itself must be acknowledged and recognized considering the interplay
unable to reverse the assailed decision on the principal issues covered between these two Houses. In all these instances, each House is
by the first and second grounds for lack of merit. Significantly, the constitutionally granted with powers and functions peculiar to its
conclusion arrived at, with respect to the first and second grounds, nature and with keen consideration to 1) its relationship with the other
carries greater bearing in the final resolution of this case. chamber; and 2) in consonance with the principle of checks and
balances, as to the other branches of government.
In checkered contrast, there is essentially no interaction between the two In this regard, the scholarly dissection on the matter by retired Justice
Houses in their participation in the JBC. No mechanism is required Consuelo Ynares-Santiago, a former JBC consultant, is worth
between the Senate and the House of Representatives in the screening reiterating.31 Thus:
and nomination of judicial officers. Rather, in the creation of the JBC, the
Framers arrived at a unique system by adding to the four (4) regular
A perusal of the records of the Constitutional Commission reveals that
members, three (3) representatives from the major branches of
the composition of the JBC reflects the Commission’s desire "to have in
government - the Chief Justice as ex-officio Chairman (representing the
the Council a representation for the major elements of the community."
Judicial Department), the Secretary of Justice (representing the
xxx The ex-officio members of the Council consist of representatives
Executive Department), and a representative of the Congress
from the three main branches of government while the regular members
(representing the Legislative Department). The total is seven (7), not are composed of various stakeholders in the judiciary. The
eight. In so providing, the Framers simply gave recognition to the
unmistakeable tenor of Article VIII, Section 8(1) was to treat each ex-
Legislature, not because it was in the interest of a certain constituency,
officio member as representing one co-equal branch of government. xxx
but in reverence to it as a major branch of government.
Thus, the JBC was designed to have seven voting members with the
three ex-officio members having equal say in the choice of judicial
On this score, a Member of Congress, Hon. Simeon A. Datumanong, nominees.
from the Second District of Maguindanao, submitted his well-
considered position28 to then Chief Justice Reynato S. Puno:
xxx
8. Two things can be gleaned from the excerpts and citations above: the The argument that a senator cannot represent a member of the House of
creation of the JBC is intended to curtail the influence of politics in Representatives in the JBC and vice-versa is, thus, misplaced. In the JBC,
Congress in the appointment of judges, and the understanding is that any member of Congress, whether from the Senate or the House of
seven (7) persons will compose the JBC. As such, the interpretation of Representatives, is constitutionally empowered to represent the entire
two votes for Congress runs counter to the intendment of the framers. Congress. It may be a constricted constitutional authority, but it is not
Such interpretation actually gives Congress more influence in the an absurdity.
appointment of judges. Also, two votes for Congress would increase the
number of JBC members to eight, which could lead to voting deadlock
From this score stems the conclusion that the lone representative of
by reason of even-numbered membership, and a clear violation of 7
Congress is entitled to one full vote. This pronouncement effectively
enumerated members in the Constitution. (Emphases and underscoring
disallows the scheme of splitting the said vote into half (1/2), between
supplied)
two representatives of Congress. Not only can this unsanctioned
practice cause disorder in the voting process, it is clearly against the
In an undated position paper,30 then Secretary of Justice Agnes VST essence of what the Constitution authorized. After all, basic and
Devanadera opined: reasonable is the rule that what cannot be legally done directly cannot
be done indirectly. To permit or tolerate the splitting of one vote into
As can be gleaned from the above constitutional provision, the JBC is two or more is clearly a constitutional circumvention that cannot be
composed of seven (7) representatives coming from different sectors. countenanced by the Court. Succinctly put, when the Constitution
From the enumeration it is patent that each category of members envisioned one member of Congress sitting in the JBC, it is sensible to
pertained to a single individual only. Thus, while we do not lose sight presume that this representation carries with him one full vote.
of the bicameral nature of our legislative department, it is beyond
dispute that Art. VIII, Section 8 (1) of the 1987 Constitution is explicit It is also an error for respondents to argue that the President, in effect,
and specific that "Congress" shall have only "xxx a representative." Thus, has more influence over the JBC simply because all of the regular
two (2) representatives from Congress would increase the number of members of the JBC are his appointees. The principle of checks and
JBC members to eight (8), a number beyond what the Constitution has balances is still safeguarded because the appointment of all the regular
contemplated. (Emphases and underscoring supplied) members of the JBC is subject to a stringent process of confirmation by
the Commission on Appointments, which is composed of members of
Congress.
Respondents’ contention that the current irregular composition of the no matter how ideal or reasonable the proposed solution may sound. To
JBC should be accepted, simply because it was only questioned for the the exercise of this intrusion, the Court declines.
first time through the present action, deserves scant consideration. Well-
settled is the rule that acts done in violation of the Constitution no WHEREFORE, the Motion for Reconsideration filed by respondents is
matter how frequent, usual or notorious cannot develop or gain
hereby DENIED.
acceptance under the doctrine of estoppel or laches, because once an act
is considered as an infringement of the Constitution it is void from the
very beginning and cannot be the source of any power or authority. The suspension of the effects of the second paragraph of the dispositive
portion of the July 17, 2012 Decision of the Court, which reads, "This
disposition is immediately executory," is hereby LIFTED.
It would not be amiss to point out, however, that as a general rule, an
unconstitutional act is not a law; it confers no rights; it imposes no
duties; it affords no protection; it creates no office; it is inoperative as if SO ORDERED.
it has not been passed at all. This rule, however, is not absolute. Under
the doctrine of operative facts, actions previous to the declaration of
unconstitutionality are legally recognized. They are not nullified. This is
essential in the interest of fair play. To reiterate the doctrine enunciated
in Planters Products, Inc. v. Fertiphil Corporation:32
Under the circumstances, the Court finds the exception applicable in this
case and holds that notwithstanding its finding of unconstitutionality in
the current composition of the JBC, all its prior official actions are
nonetheless valid.
The call for judicial activism fails to stir the sensibilities of the Court
tasked to guard the Constitution against usurpation. The Court remains
steadfast in confining its powers in the sphere granted by the
Constitution itself. Judicial activism should never be allowed to become
judicial exuberance.38 In cases like this, no amount of practical logic or
convenience can convince the Court to perform either an excision or an
insertion that will change the manifest intent of the Framers. To broaden
the scope of congressional representation in the JBC is tantamount to the
inclusion of a subject matter which was not included in the provision as
enacted. True to its constitutional mandate, the Court cannot craft and
tailor constitutional provisions in order to accommodate all of situations