Guingona v.

Gonzales
G.R. No. 106971 March 1, 1993

FACTS:

 After the May 11, 1992 elections, the senate was composed of 15 LDP senators, 5 NPC
senators, 3 LAKAS-NUCD senators, and 1 LP-PDP-LABAN senator. To suffice the requirement
that each house must have 12 representatives in the CoA, the parties agreed to use the
traditional formula: (No. of Senators of a political party) x 12 seats) ÷ Total No. of Senators
elected. The results of such a formula would produce 7.5 members for LDP, 2.5 members for
NPC, 1.5 members for LAKAS-NUCD, and 0.5 member for LP-PDP-LABAN.

 Romulo, as the majority floor leader, nominated 8 senators from their party because he
rounded off 7.5 to 8 and that Taňada from LP-PDP-LABAN should represent the same party to
the CoA. This is also pursuant to the proposition compromise by Sen Tolentino who proposed
that the elected members of the CoA should consist of eight LDP, one LP-PDP-LABAN, two
NPC and one LAKAS-NUCD. Guingona, a member of LAKAS-NUCD, opposed the said
compromise. He alleged that the compromise is against proportional representation.

ISSUE: Whether or not rounding off is allowed in determining a party’s representation in the
CoA.

HELD: It is a fact accepted by all such parties that each of them is entitled to a fractional
membership on the basis of the rule on proportional representation of each of the political
parties. A literal interpretation of Section 18 of Article VI of the Constitution leads to no other
manner of application. The problem is what to do with the fraction of .5 or 1/2 to which each of
the parties is entitled. The LDP majority in the Senate converted a fractional half membership
into a whole membership of one senator by adding one half or .5 to 7.5 to be able to elect
Romulo. In so doing one other party’s fractional membership was correspondingly reduced
leaving the latter’s representation in the Commission on Appointments to less than their
proportional representation in the Senate. This is clearly a violation of Section 18 because it is
no longer in compliance with its mandate that membership in the Commission be based on the
proportional representation of the political parties. The election of Senator Romulo gave more
representation to the LDP and reduced the representation of one political party either the
LAKAS NUCD or the NPC. A party should have at least 1 seat for every 2 duly elected senators-
members in the CoA. Where there are more than 2 parties in Senate, a party which has only
one member senator cannot constitutionally claim a seat. In order to resolve such, the parties
may coalesce with each other in order to come up with proportional representation especially
since one party may have affiliations with the other party.