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Thursday, April 18, 2013

Daza v. Singson


Daza v. Singson
G.R. No. 86344 December 21, 1989
Cruz, J.
Facts:

The Laban ng Demokratikong Pilipino (LDP) was reorganized resulting to a political realignment in the lower house. LDP also changed its representation in the Commission on Appointments. They withdrew the seat occupied by Daza (LDP member) and gave it to the new LDP member. Thereafter the chamber elected a new set of representatives in the CoA which consisted of the original members except Daza who was replaced by Singson. Daza questioned such replacement.

Issue:

whether or not a change resulting from a political realignment validly changes the composition of the Commission on Appointments.

Held:

As provided in the constitution, “there should be a Commission on Appointments consisting of twelve Senators and twelve members of the House of Representatives elected by each House respectively on the basis of proportional representation” of the political parties therein, this necessarily connotes the authority of each house of Congress to see to it that the requirement is duly complied with. Therefore, it may take appropriate measures, not only upon the initial organization of the Commission but also subsequently thereto NOT the court.

Issue:

                whether the proposed amendment to the Tribunal’s Rules (Section 24)—requiring the concurrence of five (5) members for the adoption of resolutions of whatever nature is a proviso that where more than four (4) members are disqualified, the remaining members shall constitute a quorum, if not less than three (3) including one (1) Justice, and may adopt resolutions by majority vote with no abstentions is repugnant to Section 17, Article VI of the Constitution

Held:

                No. On the contrary, proposed mass disqualification, if sanctioned and ordered, would leave the Tribunal no alternative but to abandon a duty that no other court or body can perform, but which it cannot lawfully discharge if shorn of the participation of its entire membership of Senators.

The Senate Electoral Tribunal cannot legally function as such, absent its entire membership of Senators and that no amendment of its Rules can confer on the three Justices-Members alone the power of valid adjudication of a senatorial election contest.

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