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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