Lorenzo Tañada & Diosdado Macapaga V. Mariano Cuenco

LORENZO TAÑADA & DIOSDADO excluded therefrom and making the
MACAPAGA v. MARIANO CUENCO preliminary injunction permanent, with costs

G.R. No. L-10520 | Feb 28, 1957 against the respondents.
TOPIC: SEPARATION OF POWERS
Respondents, likewise, allege, by way of special and
FACTS: affirmative defenses, that: (a) this Court is without
Tañada is a member of the Senate of the Philippines, power, authority of jurisdiction to direct or control the
and President of the Citizens Party, whereas petitioner action of the Senate in choosing the members of the
Diosdado Macapagal, a member of the House of Electoral Tribunal; and (b) that the petition states no
Representatives of the Philippines, was one of the cause of action, because "petitioner Tañada has
official candidates of the Liberal Party for the Senate, exhausted his right to nominate after he nominated
at the general elections held in November, 1955. himself and refused to nominate two (2) more
The Senate, in its session of February 22, 1956, upon Senators" Respondents also assails the jurisdiction of
nomination of Senator Cipriano Primicias, on behalf of the Court to entertain the petition, upon the ground
the Nacionalista Party, chose Senators Jose P. Laurel, that the power to choose 6 Senators as members of the
Fernando Lopez and Cipriano Primicias, as members Senate Electoral Tribunal has been expressly
of the Senate Electoral Tribunal. The Senate choose conferred by the Constitution upon the Senate.
respondents Senators Mariano J. Cuenco and
Francisco A. Delgado as members of the same ISSUE:
Electoral Tribunal. Subsequently, the Chairman of the Whether or not the issue is a political question.
latter appointed:
• Alfredo Cruz and Catalina Cayetano, as RULING:
technical assistant and private secretary, The court does not agree with the conclusion drawn
respectively, to Senator Cuenco, by respondents. This is not an action against the
• Manuel Serapio and Placido Reyes, as Senate, and it does not seek to compel the latter, either
technical assistant and private secretary, directly or indirectly, to allow the petitioners to
respectively to Senator Delgado perform their duties as members of said House.
Secondly, the fundamental law has prescribed the
Thereafter, Sen. Tañada instituted the case at bar manner in which the authority shall be exercised. As
against respondents. Petitioners allege that on Feb 22, the author of a very enlightening study on judicial self-
1956, the Senate, in choosing respondents, as limitation has aptly put it, the courts are called upon
the Senate Electoral Tribunal, had; acted absolutely to say, by whom certain powers shall be exercised and
without power or color of authority and in clear to determine whether the powers thus possessed have
violation of ART 6, SEC 11 of the Constitution. Also, been validly exercised. Thus, in the exercise of the so-
respondents had acted absolutely without color of called "judicial supremacy", this Court declared that a
appointment or authority and are unlawfully, and in resolution of the defunct National Assembly could not
violation of the Constitution, usurping, intruding into bar the exercise of the powers of the former Electoral
exercising the powers of members of the Senate Commission under the original Constitution
Electoral Tribunal. Petitioners alleged that the In fact, whenever the conflicting claims of the
appointment of respondents is unlawful and void; and parties to a litigation cannot properly be settled
that Senators Cuenco and Delgado "are threatening without inquiring into the validity of an act of
and are about to take cognizance of Electoral Case No. Congress or of either House thereof, the courts have,
4 of the Senate Electoral Tribunal. Petitioners pray not only jurisdiction to pass upon said issue, but, also,
that; the duty to do so, which cannot be evaded without
1. Upon petitioners' filing of a bond in such violating the fundamental law and paving the way to
amount as may be determined by this its eventual destruction.
Honorable Court, a writ of preliminary
injunction be immediately issued directed to Wherefore, judgment is hereby rendered declaring
respondents from continuing to usurp, intrude that respondents have not been duly elected as
into and/or hold or exercise the said public Members of the Senate Electoral Tribunal, that they
offices respectively being occupied by them in are not entitled to act as such and that they should be,
the Senate Electoral Tribunal, as they are hereby, enjoined from exercising the
2. After hearing, judgment be rendered ousting powers and duties of Members of said Electoral
respondents Mariano J. Cuenco, et al., from the Tribunal and from acting in such capacity in
aforementioned public offices in the Senate connection with Senate Electoral Case No. 4 thereof.
Electoral Tribunal and that they be altogether So ordered.

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LORENZO TAÑADA & DIOSDADO excluded therefrom and making the

MACAPAGA v. MARIANO CUENCO preliminary injunction permanent, with costs

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