Scribd Logo
Upload

Welcome to Scribd!

  • 27 views

    Week 10 - Guingona Vs Gonzales

    Uploaded by

    alvin timgas
    This case involves a challenge to the election of two Senators to the Commission on Appointments. Based on the proportional representation of political parties in the Senate following the 1992 election, the Laban ng Demokratikong Pilipino (LDP) was entitled to 7.5 seats on the Commission. However, the LDP nominated 8 Senators, including Senator Romulo. This reduced the representation of another party. The Court ruled that this violated the Constitution which requires the Commission's membership to be based on proportional representation. Electing more than the proportional number of Senators from one party reduced another party's representation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Week 10 - Guingona Vs Gonzales

    Uploaded by

    alvin timgas
    27 views3 pages
    This case involves a challenge to the election of two Senators to the Commission on Appointments. Based on the proportional representation of political parties in the Senate following the 1992 election, the Laban ng Demokratikong Pilipino (LDP) was entitled to 7.5 seats on the Commission. However, the LDP nominated 8 Senators, including Senator Romulo. This reduced the representation of another party. The Court ruled that this violated the Constitution which requires the Commission's membership to be based on proportional representation. Electing more than the proportional number of Senators from one party reduced another party's representation.

    Original Description:

    Guingona vs Gonzales - ( consti)

    Original Title

    Week 10- Guingona vs Gonzales

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves a challenge to the election of two Senators to the Commission on Appointments. Based on the proportional representation of political parties in the Senate following the 1992 election, the Laban ng Demokratikong Pilipino (LDP) was entitled to 7.5 seats on the Commission. However, the LDP nominated 8 Senators, including Senator Romulo. This reduced the representation of another party. The Court ruled that this violated the Constitution which requires the Commission's membership to be based on proportional representation. Electing more than the proportional number of Senators from one party reduced another party's representation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views3 pages

    Week 10 - Guingona Vs Gonzales

    Uploaded by

    alvin timgas
    This case involves a challenge to the election of two Senators to the Commission on Appointments. Based on the proportional representation of political parties in the Senate following the 1992 election, the Laban ng Demokratikong Pilipino (LDP) was entitled to 7.5 seats on the Commission. However, the LDP nominated 8 Senators, including Senator Romulo. This reduced the representation of another party. The Court ruled that this violated the Constitution which requires the Commission's membership to be based on proportional representation. Electing more than the proportional number of Senators from one party reduced another party's representation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    G.R. No.

    106971

    Guigona Jr.,

    petitioner vs.
    NEPTALI A. GONZALES, ALBERTO ROMULO and WIGBERTO E. TAÑADA, respondents.

    Facts:
    The case is divided into two; the original petition and a motion for consideration. For context,
    the facts of the original petition are included.
     As a result of the national elections held on May 11, 1992, the Senate was composed of
    the following members or Senators representing their political affiliations:
    LDP 15 senators
    NPC 5 senators
    LAKAS-NUCD 3 senators
    LP-PDP-LABAN 1 senator

     Section 18 Article VI of the Constitution of 1987 provides for the creation of a


    Commission on Appointments and the allocation of its membership, as follows:

    There shall be a Commission on Appointments consisting of the President of the Senate


    as ex-officio Chairman, twelve members of the House of Representatives, elected by
    each house on the basis of proportional representation from the political parties or
    organizations registered under the party list system represented therein.

     The resulting composition of the senate based on the rule of proportional


    representation of each political party with elected representatives in the Senate, is as
    follows:

    LDP - 7.5 Members


    NPC - 2.5 Senators
    LAKAS-NUCD - 1.5 Senators
    LP-PDP-Laban - .5 Senators

     Senator Romulo in his capacity as Majority Floor Leader nominated, for and in his behalf
    of the LDP, eight senators for membership in the Commission on Appointments,
    namely Senators Angara, Herrera, Alvarez, Aquino, Mercado, Ople, Sotto and Romulo.
    The nomination of the eight senators was objected to by Petitioner, Senator Guingona,
    as Minority Floor Leader, and Senator John Osmeña, in representation of the NPC.
     Senator Teofisto Guingona. Jr. filed a petition for the issuance of a writ of prohibition to
    prohibit Senate President Neptali Gonzales from recognizing the membership of
    Senators Alberto Romulo as the eight senator elected by the LDP on the ground that it
    is violative of the rule of proportional representation.

    Issues:
     Whether the election of Senators Alberto Romulo and Wigberto E. Tañada as members
    of the Commission on Appointments is in accordance with the provision of Section 18
    of Article VI of the 1987 Constitution.

    Ruling:

    YES

    Under the law, Section 18 of Article VI of the 1987 Constitution states that, There shall be a
    Commission on Appointments consisting of the President of the Senate, as ex officio Chairman,
    twelve Senators and twelve Members of the House of Representatives, elected by each House on
    the basis of proportional representation from the political parties and parties or organizations
    registered under the party-list system represented therein.

    In this case, 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 Senator 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.

    You might also like