(G.R. No. 134577 November 18, 1998) SANTIAGO Guingonafacts

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[G.R. No. 134577 November 18, 1998]SANTIAGO vs.

GUINGONAFACTS: The majority leader informed the body that they had elected Senator Guingona as theminority leader. By virtue thereof, the Senate President formally recognized Senator Guingona as the minority leader of the Senate. The following day, Senators Santiago and Tatad filed before this Court the subject petition for quo warranto, alleging in the main that Senator Guingona hadbeen usurping, unlawfully holding and exercising the position of Senate minority leader, a positionthat, according to them, rightfully belonged to Senator Tatad. From the parties' pleadings, the Court formulated the following issues for resolution: 1. Does the Court have jurisdiction over the petition? 2. Was there an actual violation of the Constitution? 3. Was Respondent Guingona usurping, unlawfully holding and exercising the position of Senate minority leader? 4. Did Respondent Fernan act with grave abuse of discretion in recognizing Respondent Guingona as the minority leader? RULING: The principle of separation of powers ordains that each of the three great branches of g o v e r n m e n t h a s e x c l u s i v e c o g n i z a n c e o f a n d i s s u p r e m e i n m a t t e r s f a l l i n g w i t h i n i t s o w n constitutionally allocated sphere. Constitutional respect and a becoming regard for she sovereignacts, of a coequal branch prevents this Court from prying into the internal workings of the Senate.Where no provision of the Constitution or the laws or even the Rules of the Senate is clearlyshown to have been violated, disregarded or overlooked, grave abuse of discretion cannot be imputed to Senate officials for acts done within their competence and authority. This Court will beneither a tyrant nor a wimp; rather, it will remain steadfast and judicious in upholding the rule andmajesty of the law. After a close perusal of the pleadings and a careful deliberation on the arguments, pro and con ,the Court finds that no constitutional or legal infirmity or grave abuse of discretion attended therecognition of and the assumption into office by Respondent Guingona as the Senate minorityleader. First Issue : The Court's Jurisdiction In Taada v. Cueno, this Court endeavored to define political question. And we said that "itrefers to 'those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to thelegislative or executive branch of the government.' It is concerned with issues dependent uponthe wisdom not [the] legality, of a particular measure."

In the instant controversy, the petitioners one of whom is Senator Santiago, a wellknownconstitutionalist try to hew closely to these jurisprudential parameters. They claim that Section16 (1), Article VI of the constitution, has not been observed in the selection of the Senate minorityleader. They also invoke the Court's "expanded" judicial power "to determine whether or not therehas been a grave abuse of discretion amounting to lack or excess of jurisdiction" on the part of respondents.

In light of the aforesaid allegations of petitioners, it is clear that this Court has jurisdiction over thepetition. It is well within the power and jurisdiction of the Court to inquire whether indeed theSenate or its officials committed a violation of the Constitution or gravely abused their discretionin the exercise of their functions and prerogatives.

Second Issue Violation of the Constitution Petitioners contend that the constitutional provision requiring the election of the Senate President"by majority vote of all members" carries with it a judicial duty to determine the concepts of "majority" and "minority," as well as who may elect a minority leader. They argue that "majority" inthe aforequoted constitutional provision refers to that group of senators who (1) voted for thewinning Senate President and (2) accepted committee chairmanships. Accordingly, those whovoted for the losing nominee and accepted no such chairmanships comprise the minority, tow h o m t h e r i g h t t o d e t e r m i n e t h e m i n o r i t y l e a d e r b e l o n g s . A s a r e s u l t , p e t i t i o n e r s a s s e r t , Respondent Guingona cannot be the legitimate minority leader, since he voted for RespondentFernan as Senate President. Furthermore, the members of the LakasNUCD-UMDP cannotchoose the minority leader, because they did not belong to the minority, having voted for Fernanand accepted committee chairmanships. We believe, however, that the interpretation proposed by petitioners finds no clear support fromthe Constitution, the laws, the Rules of the Senate or even from practices of the Upper House.The term "majority" has been judicially defined a number of times. When referring to a certainnumber out of a total or aggregate, it simply "means the number greater than half or more thanhalf of any total." The plain and unambiguous words of the subject constitutional clause simplymean that the Senate President must obtain the votes of more than one half of all the senators.Not by any construal does it thereby delineate Who comprise the "majority," much less the "minority," in the said body. And there is no showingthat the framers of our Constitution had inmind other than the usual meanings of these terms.

In effect, while the Constitution mandates that the President of the Senate must be elected by anumber constituting more than one half of all the members thereof, it does not provide that themembers who will not vote for him shall ipso facto constitute the "minority," who could therebyelect the minority leader. Verily, no law or regulation states that the defeated candidate shall automatically become the minority leader. While the Constitution is explicit on the manner of el ecting a Senate President and a HouseS p e a k e r , i t i s , however, dead silent on the manner o f s e l e c t i n g t h e o t h e r o f f i c e r s i n b o t h chambers of Congress. All that the Charter says is that "[e]ach House shall choose such other officers as it may deem necessary."To our mind, the method of choosing who will be sucho t h e r o f f i c e r s i s m e r e l y a d e r i v a t i v e o f t h e e x e r c i s e o f t h e p r e r o g a t i v e c o n f e r r e d b y t h e aforequoted constitutional provision. Therefore, such method must be prescribed by the Senateitself, not by this Court. In this regard, the Constitution vests in each house of Congress the power "to determine the rulesof its proceedings."Pursuant thereto, the Senate formulated and adopted a set of rules togovern its internal affairs.

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