Con Com

Record of the Constitutional Commission 434-436 (1986)
434 of the national budget shall be

automatically appropriated and
THURSDAY, JULY 10, 1986 regularly released for the judiciary.
Section 1 6. The Supreme Court shall,

shall receive an annual salary of and within thirty days from
each Associate the opening of each regular session of
the National Assembly,
Justice pesos. submit to the President and the National
Assembly an annual
Section 14. (1) All cases or matters filed report on the operations and activities of
after the effectivity the judiciary. The Chief
of this Constitution must be decided or Justice shall address the National
resolved within twenty- Assembly at the opening of
four months from date of submission for each regular session.
the Supreme Court, and
unless reduced by the Supreme Court,
twelve months for all MR. RAMA. May I ask that the sponsor
lower collegiate courts, and three of the Article
months for all other lower on the Judiciary, Commissioner
courts. Concepcion, be recog-
nized?
(2) A case or matter shall be deemed
submitted for decision or SUSPENSION OF SESSION
resolution upon the filing of the last
pleading, brief, or memo- THE PRESIDING OFFICER (Mr.
randum required by the rules of court or Azcuna). The
by the court itself. session is suspended.
(3) Upon the expiration of the It was 4:09 p.m.

corresponding period, a certifi-
cation to this effect signed by the Chief RESUMPTION OF SESSION
Justice or the presiding
judge shall forthwith be issued and a At 4:43 p.m., the session was resumed.
copy thereof attached to the
record of the case or matter, and served THE PRESIDING OFFICER (Mr.
upon the parties. Azcuna). The
session is resumed.
Section 15. An amount equivalent to not
less than two percent The honorable Commissioner
This study source was downloaded by 100000782664540 from CourseHero.com on 09-23-2022 05:18:20 GMT -05:00
https://www.coursehero.com/file/75205882/Con-Comdocx/
Concepcion is now unable to reach our homes until late in

recognized to sponsor the proposed the evening, I
Article on the thought it was an opportune moment to
Judiciary. get some rein-
forcement, if I may use the expression.
SPONSORSHIP SPEECH And so, with the
OF COMMISSIONER CONCEPCION body’s indulgence, I will proceed to read
the provisions
MR. CONCEPCION. Thank you, Mr. drafted by the Committee on the
Presiding Judiciary.
Officer.
The first section starts with a sentence
I will speak on the judiciary. Practically, copied from
everybody former Constitutions. It says:
has made, I suppose, the usual
comment that the The judicial power shall be vested in one
judiciary is the weakest among the three Supreme Court
major branches and in such lower courts as may be
of the service. Since the legislature established by law.
holds the purse and
the executive the sword, the judiciary I suppose nobody can question it.
has nothing with
which to enforce its decisions or The next provision is new in our
commands except the constitutional law.
power of reason and appeal to I will read it first and explain.
conscience which, after
Judicial power includes the duty of
courts of justice to
all, reflects the will of God, and is the settle actual controversies involving
most powerful of rights which are legally
all other powers without exception. But demandable and enforceable and to
before I pro- determine whether or
ceed, I would like to present my regrets not there has been a grave abuse of
for being out, discretion amounting to
not being in the session hall when the lack or excess of jurisdiction on the part
Committee was or instrumentality
called to report. I thought we had a of the government.
recess. And con-
sidering our experience last night, when Fellow Members of this Commission,
most of us were this is actually a
product of our experience during martial with this situation. But for the benefit of
law. As a the Members
matter of fact, it has some antecedents of the Commission who are not lawyers,
in the past, but allow me to
the role of the judiciary during the explain. I will start with a decision of the
deposed regime was Supreme
marred considerably by the Court in 1973 on the case oi
circumstance that in a Javellanavs. the Secretary
number of cases against the of Justice, if I am not mistaken. Martial
government, which then had law was an-
no legal defense at all, the solicitor nounced on September 22, although the
general set up the proclamation
defense of political questions and got was dated September 21. The obvious
away with it. As a reason for the
consequence, certain principles delay in its publication was that the
concerning particularly administration had
the writ of habeas corpus^ that is, the apprehended and detained prominent
authority of newsmen on
courts to order the release of political September 21. So that when martial law
detainees, and was announced
other matters related to the operation on September 22, the media hardly
and effect of mar- published anything
tial law failed because the government about it. In fact, the media could not
set up the publish any story
defense of political question. And the
Supreme Court
said: “Well, since it is political, we have THURSDAY, JULY 10, 1986
no authority to
pass upon it.” The Committee on the
Judiciary feels 435
that this was not a proper solution of the
questions
involved. It did not merely request an not only because our main writers were
encroachment already incar-
upon the rights of the people, but it, in cerated, but also because those who
effect, encour- succeeded them in
aged further violations thereof during the their jobs were under mortal threat of
martial law being the object
regime. I am sure the members of the of wrath of the ruling party. The 1971
Bar are familiar Constitutional
Convention had begun on June 1, 1971 may use a word made famous by our
and by Septem- colleague. Commis-
ber 21 or 22, had not finished the sioner Ople, during the interregnum,
Constitution; it had however, the draft
barely agreed on the fundamentals of of the Constitution was analyzed and
the Constitution. criticized with such
I forgot to say that upon the a telling effect that Malacanang felt the
proclamation of martial danger of its dis-
law, some delegates to that 1971 approval. So, the President suspended
Constitutional Conven- indefinitely the
tion, dozens of them, were picked up. holding of the plebiscite and announced
One of them was that he would
our very own colleague. Commissioner consult the people in a referendum to be
Calderon. So, the held from
unfinished draft of the Constitution was January 10 to January 15. But the
taken over by questions to be sub-
representatives of Malacanang. In 1 7 mitted in the referendum were not
days, they finished announced until the
what the delegates to the 1971 eve of its scheduled beginning, under
Constitutional Conven- the supposed
tion had been unable to accomplish for supervision, not of the Commission on
about 14 Elections, but of
months. The draft of the 1973 what was then designated as “citizens
Constitution was pre- assemblies or
sented to the President around barangays.” Thus the barangays came
December 1, 1972, into existence.
whereupon the President issued a The questions to be propounded were
decree calling a plebis- released with pro-
cite which suspended the operation of posed answers thereto, suggesting that
some provisions it was unneces-
in the martial law decree which sary to hold a plebiscite because the
prohibited discussions, answers given in the
much less public discussions^of certain referendum should be regarded as the
matters of public votes cast in the
concern. The purpose was presumably plebiscite. Thereupon, a motion was filed
to allow a free dis- with the
cussion on the draft of the Constitution Supreme Court praying that the holding
on which a of the refe^
plebiscite was to be held sometime in endum be suspended. When the motion
January 1973. If I was being heard
before the Supreme Court, the Minister interest requires it, he may suspend the
of Justice privilege of the
delivered to the Court a proclamation of writ of habeas corpus or place the
the President Philippines or any
declaring that the new Constitution was part thereof under martial law.
already in force
because the overwhelming majority of The government said that in a
the votes cast in referendum held from
the referendum favored the Constitution. January 10 to January 15, the vast
Immediately majority ratified the
after the departure of the Minister of draft of the Constitution. Note that all
Justice, I pro- members of the
ceeded to the session room where the Supreme Court were residents of
case was being Manila, but none of
heard. I then informed the Court and the them had been notified of any
parties the referendum in then-
presidential proclamation declaring that respective places of residence, much
the 1973 less did they par-
Constitution had been ratified by the ticipate in the alleged referendum. None
people and is now of them saw
in force. any referendum proceeding.
A number of other cases were filed to In the Philippines, even local gossips
declare the spread like wild
presidential proclamation null and void. fire. So, a majority of the members of the
The main Court felt
defense put up by the government was that there had been no referendum.
that the issue
was a political question and that the Second, a referendum cannot substitute
court had no for a plebi-
scite. There is a big difference between
a referendum
jurisdiction to entertain the case. and a plebiscite. But another group of
justices upheld
Under the Constitution, the President the defense that the issue was a political
may declare question.
martial law in case of invasion, Whereupon, they dismissed the case.
insurrection or rebellion This is not the only
or imminent danger thereof. If public major case in which the plea of “political
safety or public question” was
set up. There have been a number of ty then nominated two senators
other cases in the belonging to the
past. majority to form part of the group of
three to represent
I hope the Commissioners who are not the minority. As a consequence, the
lawyers will majority would
bear with me as I explain further actually have had five members: the
because the matter is Supreme Court,
really a technical one. The Senate and three and the minority, one. When the
the House had, issue was
under the 1935 Constitution, a House brought to the Supreme Court, the
Electoral Tri- defense put up by
bunal and a Senate Electoral Tribunal. the government was that the matter
Our friend, involved a political
Mr. Lorenzo Tanada, was the only question. But in that case of Tanada vs.
member of the Cuenco, the
minority party in the Senate. The Court held that the Senate Electoral
Constitution provided Tribunal was to
that electoral protests involving senators consist of nine senators, because the
would be a possible partisan-
nine-man Senate Electoral Tribunal. Of ship of the three members for the
these nine, three majority would be
were to be members of the majority offset by that of the three members of
party in the Senate the minority. The
and another three members for the group of three members of the Supreme
minority party in Court consti-
the Senate; and lastly, three Justices of tuting the third group would ensure the
the Supreme impartiality in
Court. After the majority party had
elected its three
representatives to the Electoral Tribunal, 436
and when it
came to the nominations of the three
senators for the THURSDAY, JULY 10, 1986
opposition. Senator Taftada said that he
could not
nominate any senator except himself the decision of the Electoral Tribunal.
because there was The defense of
no other senator belonging to the the political question was rejected
minority. The majori- because the issue was
clearly justiciable. half a dozen members elected in districts

believed to be
We still had another important case. It dominated by leftists. By the way, the
was early members of the
after liberation. You probably remember minority belonged to what was known as
that during the Democra-
World War II, President Roosevelt of the tic Alliance. These members of the
U S an- minority were
nounced over the television that the suspended upon the ground that their
American govern- election was
ment would compensate or indemnify all tainted with fraud and terrorism.
damages we
may suffer during the war up to the last Then the constitutional amendment
carabao. granting parity
Liberation came and the American rights was taken and got the qualified
Congress appro- majority re-
priated $1 billion for war damages but quired by the Constitution. Assailed in
with strings the Supreme
attached. We had to give them parity Court, the Supreme Court held that the
rights. The ques- question
tion was whether or not we should grant whether the suspended Members should
these rights be counted in
because of the issue in the election held the determination of the required
in 1946. The qualified majority was
majority party was in favor and another a political question. It was obvious that
political party the members of
opposed it, because there was $1 billion the Democratic Alliance were suspended
together with to enable
the parity rights. the ruling party to get the votes
necessary for the ap-
In order to give parity rights to the proval of the bill calling a plebiscite on
Americans, it the parity rights.
was necessary, however, to get a When your Committee on the Judiciary
qualified majority in began to per-
both Houses of Congress. But the form its functions, it faced the following
number of votes avail- questions:
able to the majority party was a few What is judicial power? What is a
votes short of the political question?
required qualified majority. At that time
there were The Supreme Court, like all other courts,
has one hypothetical questions. In a presidential

main function: to settle actual system of
controversies involving government, the Supreme Court has,
conflicts of rights which are demandable also, another im-
and enforce- portant function. The powers of
able. There are rights which are government are
guaranteed by law but generally considered divided into three
cannot be enforced by a judicial party. In branches: the
a decided Legislative, the Executive and the
case, a husband complained that his Judiciary. Each one is
wife was unwilling supreme within its own sphere and
to perform her duties as a wife. The independent of the
Court said: “We can others. Because of that supremacy
tell your wife what her duties as such are power to determine
and that she is whether a given law is valid or not is
bound to comply with them, but we vested in courts of
cannot force her justice.
physically to discharge her main marital
duty to her Briefly stated, courts of justice determine
husband. There are some rights the limits
guaranteed by law, but of power of the agencies and offices of
they are so personal that to enforce the government
them by actual as well as those of its officers. In other
compulsion would be highly derogatory words, the
to human judiciary is the final arbiter on the
dignity.” question whether or
not a branch of government or any of its
This is why the first part of the second officials has
paragraph of acted without jurisdiction or in excess of
Section I provides that: jurisdiction, or
so capriciously as to constitute an abuse
of discretion
Judicial power includes the duty of amounting to excess of jurisdiction or
courts to settle lack of jurisdic-
actual controversies involving rights tion. This is not only a judicial power but
which are legally de- a duty to pass
mandable or enforceable . . . judgment on matters of this nature.
The courts, therefore, cannot entertain, This is the background of paragraph 2 of

much less decide> Section 1,
which means that the courts cannot judicial reorganization in order to

hereafter evade the circumvent the
duty to settle matters of this nature, by security of tenure.
claiming that
such matters constitute a political Section 3 of the draft says:
question.
The Supreme Court shall be composed
I have made these extended remarks to of a Chief Justice
the end that and ten Associate Justices. It may sit en
the Commissioners may have an initial banc or in two
food for thought divisions.
on the subject of the judiciary.
Under the 1973 Constitution, the
Section 2 of the draft prepared by the Supreme Court
Committee is shall be composed of a Chief Justice
merely the second sentence of Section 1 and 14 Associate
of Article X of Justices. It may sit en banc or in two
the 1973 Constitution which states, and I divisions. The
quote: second, third and fourth subsections or
paragraphs of
The National Assembly shall have the this section state, and I quote:
power to define,
prescribe, and apportion the jurisdiction (2) All cases involving the
of the various constitutionality of a treaty,
courts but may not deprive the Supreme international or executive agreement, or
Court of its juris- law shall be heard
diction over cases enumerated in
Section 7 hereof.
THURSDAY, JULY 10, 1986
There is a second paragraph which
reads:
No law shall be passed reorganizing the

judiciary when it
undermines security of tenure.
This provision reflects the apprehension

in a number
of resolutions referred to the Committee:
the resort to
Powered by TCPDF (www.tcpdf.org)

Con Com

Uploaded by

Copyright:

Available Formats

You might also like

Con Com

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Con Com

Uploaded by

Copyright:

Available Formats

Record of the Constitutional Commission 434-436 (1986)

434 of the national budget shall be

Section 1 6. The Supreme Court shall,

(3) Upon the expiration of the It was 4:09 p.m.

Concepcion is now unable to reach our homes until late in

clearly justiciable. half a dozen members elected in districts

has one hypothetical questions. In a presidential

The courts, therefore, cannot entertain, This is the background of paragraph 2 of

which means that the courts cannot judicial reorganization in order to

No law shall be passed reorganizing the

This provision reflects the apprehension

You might also like