Bondoc v. Pineda

Bondoc v. Pineda

G.R. No. 97710 September 26, 1991

Griño-Aquino, J.

Issue:

                Is the House of Representatives empowered by the Constitution to interfere with the disposition of an election contest in the House Electoral Tribunal through the ruse of “reorganizing” the representation in the tribunal of the majority party?

Held:

                No. The use of the word “sole” in both Section 17 of the 1987 Constitution and Section 11 of the 1935 Constitution underscores the exclusive jurisdiction of the House Electoral Tribunal as judge of contests relating to the election, returns and qualifications of the members of the House of Representatives.

The tribunal was created to function as a nonpartisan court although two-thirds of its members are politicians. It must be a non-political body. To be able to exercise exclusive jurisdiction, the House Electoral Tribunal must be independent. Its jurisdiction to hear and decide congressional election contests is not to be shared by it with the Legislature nor with the Courts.

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.