G.R. No.

141489 November 29, 2002

SENATOR AQUILINO Q. PIMENTEL, JR., REPRESENTATIVES MELVYN D. EBALLE,

LEONARDO Q. MONTEMAYOR, CRESENTE C. PAEZ, LORETTA ANN P. ROSALES and
PATRICIA M. SARENAS, petitioners,
vs.
HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL, JUSTICES JOSE A.R. MELO,
VICENTE V. MENDOZA and JOSE C. VITUG, and REPRESENTATIVES ASANI S. TAMMANG,
RAUL M. GONZALES, DIDAGEN P. DILANGALEN, DANTON Q. BUESER, 1 NAPOLEON R.
BERATIO, SIMEON E. GARCIA and SPEAKER MANUEL B. VILLAR, JR., respondents.

-----------------------------

G.R. No. 141490 November 29, 2002

SENATOR AQUILINO Q. PIMENTEL, JR. REPRESENTATIVES MELVYN D. EBALLE,

LEONARDO Q. MONTEMAYOR, CRESENTE C. PAEZ, LORETTA ANN P. ROSALES and
PATRICIA M. SARENAS, petitioners,
vs.
COMMISSION ON APPOINTMENTS, its Chair, SENATE PRESIDENT BLAS F. OPLE, and
Members, namely: SENATORS FRANKLIN M. DRILON, RENATO L. CAYETANO, LOREN
LEGARDA-LEVISTE, ROBERT Z. BARBERS, ANNA DOMINIQUE M.L. COSETENG, GREGORIO
HONASAN, RAMON B. MAGSAYSAY, JR., TERESA AQUINO-ORETA, RAUL S. ROCO,
FRANCISCO S. TATAD, VICENTE C. SOTTO III and REPRESENTATIVES LUIS A. ASISTIO,
EMILIO R. ESPINOSA, JR., WIGBERTO E. TAÑADA, MANUEL M. GARCIA, SIMEON A.
DATUMANONG, ANTONIO M. DIAZ, FAUSTINO S. DY, JR., PACIFICO M. FAJARDO, ERNESTO
F. HERRERA, NUR G. JAAFAR, CARLOS M. PADILLA, ROGELIO M. SARMIENTO and
SPEAKER MANUEL B. VILLAR, JR., respondents.

DECISION

CARPIO, J.:

The Case

Before this Court are two original petitions for prohibition and mandamus with prayer for writ of
preliminary injunction. Petitioners assail the composition of the House of Representatives Electoral
Tribunal ("HRET" for brevity)2 and the Commission on Appointments ("CA" for brevity).3 Petitioners
pray that respondents be ordered to "alter, reorganize, reconstitute and reconfigure" the composition
of the HRET and the CA to include party-list representatives in accordance with Sections 17 and 18,
Article VI of the 1987 Constitution and Republic Act No. 7941, otherwise known as the Party-List
System Act. Petitioners further pray that the HRET and the CA be enjoined from exercising their
functions until they have been reorganized.

Antecedent Facts

Section 5, Article VI of the 1987 Constitution provides for a party-list system in the House of
Representatives ("House" for brevity), as follows:

"Sec. 5. (1) The House of Representatives shall be composed of not more than two hundred
and fifty members, unless otherwise fixed by law, who shall be elected from legislative
 districts apportioned among the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by law, shall be elected through a party-
list system of registered national, regional and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives
shall be filled, as provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth and such other sectors as may be
provided by law except the religious sector."

On March 3, 1995, the Party-List System Act took effect. The Act sought to "promote proportional
representation in the election of representatives, to the House of Representatives through a party-list
system of registered national, regional and sectoral parties or organizations or coalitions thereof,
which will enable Filipino citizens belonging to marginalized and underrepresented sectors,
organizations and parties, and who lack well-defined political constituencies but who could contribute
to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to
become members of the House of Representatives."4

On May 11, 1998, in accordance with the Party-List System Act, national elections were held which
included, for the first time, the election through popular vote of party-list groups and organizations
whose nominees would become members of the House. Proclaimed winners were 14 party-list
representatives from 13 organizations, including petitioners from party-list groups Association of
Philippine Electric Cooperatives5 (APEC), Alyansang Bayanihan ng mga Magsasaka,
Manggagawang Bukid at Mangingisda (ABA), NATCO Network Party (COOP-NATCCO), Akbayan!
Citizens Action Party (AKBAYAN), and Abanse! Pinay (ABANSE). Due to the votes it garnered,
APEC was able to send 2 representatives to the House, while the 12 other party-list groups had one
representative each. Also elected were district representatives belonging to various political parties.

Subsequently, the House constituted its HRET and CA contingent6 by electing its representatives to
these two constitutional bodies. In practice, the procedure involves the nomination by the political
parties of House members who are to occupy seats in the HRET and the CA.7 From available
records, it does not appear that after the May 11, 1998 elections the party-list groups in the House
nominated any of their representatives to the HRET or the CA. As of the date of filing of the instant
petitions, the House contingents to the HRET and the CA were composed solely of district
representatives belonging to the different political parties.

On January 18, 2000, Senator Aquilino Q. Pimentel, Jr. wrote two letters addressed to then Senate
President Blas F. Ople,8 as Chairman of the CA, and to Associate Justice of the Supreme Court Jose
A. R. Melo (now retired),9 as Chairman of the HRET. The letters requested Senate President Ople
and Justice Melo to cause the restructuring of the CA and the HRET, respectively, to include party-
list representatives to conform to Sections 17 and 18, Article VI of the 1987 Constitution.

In its meeting of January 20, 2000, the HRET resolved to direct the Secretary of the Tribunal to refer
Senator Pimentel’s letter to the Secretary-General of the House of Representatives.10 On the same
day, HRET Secretary Daisy B. Panga-Vega, in an Indorsement11 of even date, referred the letter to
House of Representatives Secretary General Roberto P. Nazareno.

On February 2, 2000, petitioners filed with this Court their Petitions for Prohibition, Mandamus and
Preliminary Injunction (with Prayer for Temporary Restraining Order) against the HRET, its
Chairman and Members,12 and against the CA, its Chairman and Members.13 Petitioners contend
that, under the Constitution and the Party-List System Act, party-list representatives should have 1.2
or at least 1 seat in the HRET,14 and 2.4 seats in the CA.15 Petitioners charge that respondents
committed grave abuse of discretion in refusing to act positively on the letter of Senator Pimentel. In
its Resolution of February 8, 2000,16 the Court en banc directed the consolidation of G.R. No.
141490 with G.R. No. 141489.

On February 11, 2000, petitioners filed in both cases a motion17 to amend their petitions to implead
then Speaker Manuel B. Villar, Jr. as an additional respondent, in his capacity as Speaker of the
House and as one of the members of the CA. The Court granted both motions and admitted the
amended petitions.

Senator Pimentel filed the instant petitions on the strength of his oath to protect, defend and uphold
the Constitution and in his capacity as taxpayer ‘and as a member of the CA. He was joined by 5
party-list representatives from APEC, ABA, ABANSE, AKBAYAN and COOP-NATCCO as co-
petitioners.

Petitioners cite as basis Sections 17 and 18, Article VI of the 1987 Constitution, to wit:

"Sec. 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which
shall be the sole judge of all contests relating to the election, returns and qualifications of their
respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom
shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of Representatives, as the case may be, who shall be
chosen on the basis of proportional representation from the political parties and the parties or
organizations registered under the party-list system represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman."

"Sec. 18. 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. The Chairman of
the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments
submitted to it within thirty session days of the Congress from their submission. The Commission
shall rule by a majority vote of all the Members,"18 (Emphasis supplied)

Petitioners also invoke the following provision of Section 11 of Republic Act No. 7941:

"Sec. 11. Number of Party-List Representatives. - The party-list representatives shall constitute
twenty per centum (20%) of the total number of the members of the House of Representatives
including those under the party-list. xxx"19

According to the Solicitor General’s Consolidated Comment,20 at the time petitioners filed the instant
petitions the House had 220 members, 14 of whom were party-list representatives, constituting
6.3636% of the House. Of the remaining 206 district representatives affiliated with different political
parties, 151 belonged to LAMP (68.6354%), 36 belonged to LAKAS (16.3636%), 13 to the Liberal
Party (5.9090%), 1 member (0.4545%) each to KBL, PDRLM, Aksyon Demokratiko, Reporma and
PROMDI, and 1 representative was an independent.

In their Reply to Consolidated Comment,21 petitioners alleged that, following the Solicitor General’s
computation, the LP and LAKAS were over-represented in the HRET and the CA. Petitioners
particularly assail the presence of one LP representative each in the HRET and the CA, and
maintain that the LP representatives should be ousted and replaced with nominees of the 14 party-
list representatives.

The Issues

Petitioners raise the following issues:

1. WHETHER THE PRESENT COMPOSITION OF THE HOUSE ELECTORAL TRIBUNAL

VIOLATES THE CONSTITUTIONAL REQUIREMENT OF PROPORTIONAL
REPRESENTATION BECAUSE THERE ARE NO PARTY-LIST REPRESENTATIVES IN
THE HRET.

2. WHETHER THE PRESENT MEMBERSHIP OF THE HOUSE IN THE COMMISSION ON

APPOINTMENTS VIOLATES THE CONSTITUTIONAL REQUIREMENT OF
PROPORTIONAL REPRESENTATION BECAUSE THERE ARE NO PARTY-LIST
REPRESENTATIVES IN THE CA.

3. WHETHER THE REFUSAL OF THE HRET AND THE CA TO RECONSTITUTE

THEMSELVES TO INCLUDE PARTY-LIST REPRESENTATIVES CONSTITUTES GRAVE
ABUSE OF DISCRETION.

On the other hand, the Solicitor General argues that the instant petitions are procedurally defective
and substantially lacking in merit for having been filed’ prematurely, thus:

"It is a generally accepted principle that the averments in the pleading determine the existence of a
cause of action. In the instant petitions, petitioners failed to aver that they or any one of them was
elected by a party or organization registered under the party-list system as a Member of the HRET
or CA to represent said party or organization under the party-list system of the House of
Representatives."22

The Ruling of the Court

Petitioners urge the Court to rule on the issues raised in the petitions under review, citing the
following pronouncement in Guingona Jr. v. Gonzales :23

"Where constitutional issues are properly raised in the context of the alleged facts, procedural
questions acquire a relatively minor significance, and the transcendental importance to the public of
the case demands that they be settled promptly and definitely brushing aside xxx technicalities of
procedure."

Petitioners’ reliance on Guingona, Jr. v. Gonzales is misplaced. The "procedural questions" that
petitioners want the Court to brush aside are not mere technicalities but substantive matters that are
specifically provided for in the constitutional provisions cited by petitioners.

The Constitution expressly grants to the House of Representatives the prerogative, within
constitutionally defined limits, to choose from among its district and party-list representatives those
who may occupy the seats allotted to the House in the HRET and the CA. Section 18, Article VI of
the Constitution24 explicitly confers on the Senate and on the House the authority to elect among
their members those who would fill the 12 seats for Senators and 12 seats for House members in
the Commission on Appointments. Under Section 17, Article VI of the Constitution,25 each chamber
of Congress exercises the power to choose, within constitutionally defined limits, who among their
members would occupy the allotted 6 seats of each chamber’s respective electoral tribunal.

These constitutional provisions are reiterated in Rules 3 and 4 (a) of the 1998 Rules of the House of
Representatives Electoral Tribunal, to wit:

"Rule 3. Composition. - The Tribunal shall be composed of nine Members, three of whom
shall be Justices of the Supreme Court to be designated by the Chief Justice, and the
remaining six shall be Members of the House of Representatives who shall be chosen on the
basis of proportional representation from the political parties and the parties or organizations
registered under the party-list system represented therein. The Senior Justice in the Tribunal
shall be its Chairman.

Rule 4. Organization. - (a) Upon the designation of the Justices of the Supreme Court and
the election of the Members of the House of Representatives who are to compose the House
of Representatives Electoral Tribunal pursuant to Sections 17 and 19 of Article VI of the
Constitution, the Tribunal shall meet for its organization and adoption of such resolutions as
it may deem proper." (Emphasis supplied)

Likewise, Section 1 of the Rules of the Commission on Appointments provides:

"Section 1. Composition of the Commission On Appointments. Within thirty (30) days after
both Houses of Congress shall have organized themselves with the election of the Senate
President and the Speaker of the House of Representatives, the Commission on
Appointments shall be constituted. It shall be composed of twelve (12) Senators and twelve
(12) 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 herein.

(Emphasis supplied)

Thus, even assuming that party-list representatives comprise a sufficient number and have agreed
to designate common nominees to the HRET and the CA, their primary recourse clearly rests with
the House of Representatives and not with this Court. Under Sections 17 and 18, Article VI of the
Constitution, party-list representatives must first show to the House that they possess the required
numerical strength to be entitled to seats in the HRET and the CA. Only if the House fails to comply
with the directive of the Constitution on proportional representation of political parties in the HRET
and the CA can the party-list representatives seek recourse to this Court under its power of judicial
review. Under the doctrine of primary jurisdiction, prior recourse to the House is necessary before
petitioners may bring the instant case to the court. Consequently, petitioners’ direct recourse to this
Court is premature.

The discretion of the House to choose its members to the HRET and the CA is not absolute, being
subject to the mandatory constitutional rule on proportional representation.26 However, under the
doctrine of separation of powers, the Court may not interfere with the exercise by the House of this
constitutionally mandated duty, absent a clear violation of the Constitution or grave abuse of
discretion amounting to lack or excess of jurisdiction.27 Otherwise, ‘the doctrine of separation of
powers calls for each branch of government to be left alone to discharge its duties as it sees
fit.28 Neither can the Court speculate on what action the House may take if party-list representatives
are duly nominated for membership in the HRET and the CA.
The instant petitions are bereft of any allegation that respondents prevented the party-list groups in
the House from participating in the election of members of the HRET and the CA. Neither does it
appear that after the May 11, 1998 elections, the House barred the party-list representatives from
seeking membership in the HRET or the CA. Rather, it appears from the available facts that the
party-list groups in the House at that time simply refrained from participating in the election process.
The party-list representatives did not designate their nominees even up to the time they filed the
instant petitions, with the predictable result that the House did not consider any party-list
representative for election to the HRET or the CA. As the primary recourse of the party-list
representatives lies with the House of Representatives, ‘the Court cannot resolve the issues
presented by petitioners at this time.

Moreover, it is a well-settled rule that a constitutional question will not be heard and resolved by the
courts unless the following requirements of judicial inquiry concur: (1) there must be an actual
controversy; (2) the person or party raising the constitutional issue must have a personal and
substantial interest in the resolution of the controversy; (3) the controversy must be raised at the
earliest reasonable opportunity; and (4) the resolution of the constitutional issue must be
indispensable to the final determination of the controversy.29

The five party-list representatives who are petitioners in the instant case have not alleged that they
are entitled to, and have been unlawfully deprived of, seats in the HRET or the CA. Neither have
they claimed that they have been nominated by the party-list groups in the House to the HRET or the
CA. As such, they do not possess the personal and substantial interest required to confer them with
locus standi. The party raising the constitutional issue must have "such personal stake in the
outcome of the controversy as to assure that concrete adverseness which sharpens the presentation
of issues upon which the court depends for illumination of difficult constitutional questions."30

We likewise find no grave abuse in the action or lack of action by the HRET and the CA in response
to the letters of Senator Pimentel. Under Sections 17 and 18 of Article VI of the 1987 Constitution
and their internal rules, the HRET and the CA are bereft of any power to reconstitute themselves.

Finally, the issues raised in the petitions have been rendered academic by subsequent events. On
May 14, 2001, a new set of district and party-list representatives were elected to the House. The
Court cannot now resolve the issue of proportional representation in the HRET and the CA based on
the "present composition" of the House of Representatives as presented by petitioners and the
Solicitor General. With the May 14, 2001 elections, it is certain that the composition of the House
has changed. In the absence of a proper petition assailing the present composition of the HRET and
the CA, the instant petitions must fail. Otherwise, for the Court to rule on the instant petitions at this
time would be tantamount to rendering an advisory opinion, which is outside our jurisdiction.31

WHEREFORE, the consolidated petitions for prohibition and mandamus are DISMISSED.

SO ORDERED.