Anexo: Composición e Importancia

Q: What is the composition of the electoral tribunal (ET)?

A:

1. 3 Supreme Court Justices designated by the Chief Justice;

2. 6 members of the Chamber concerned (Senate or HoR) chosen on the basis of proportional representation from the political parties and parties registered under the party-list system (Sec. 17, Art. VI).

Note: The senior Justice in the Electoral Tribunal shall be its chairman.

Q: What is the jurisdiction of the Electoral Tribunals? A: Each electoral tribunal shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members (Sec. 17, Art. VI). This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner. Each ET is also vested with rule-making power (Lazatin v. HRET, G.R. No. L- 84297, Dec. 8, 1988.

It is independent of the Houses of Congress and its decisions may be reviewed by the Supreme Court only upon showing of grave abuse of discretion. Q: What is an election contest?

A: Where a defeated candidate challenges the qualification and claims for himself the seat of the proclaimed winner. In the absence of an election contest, ET is without jurisdiction.

Note: Once a winning candidate has been proclaimed, taken his oath, and assumed office as a member of the HoR, COMELEC’s jurisdiction over election contests relating to his election, returns, and qualification ends, and the HRET’s own jurisdiction begins. The phrase “election, returns, and qualifications” should be interpreted in its totality as referring to all matters affecting the validity of the contestee’s title. (Vinzons-Chato v. COMELEC, G.R. No.

172131, April 2, 2007)

Q: In the absence of election contest, what power does each House have over its members?

A: The power of each House to expel its members or even to defer their oath taking until their

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FA C U L T Y O F CI V I L LA W

qualifications are determined may still be exercised even without an election contest.

Q: Pat Alampay ran for HoR. A disqualification case was filed against her on account of her residence. The case was not resolved before the election. Pat won the election. However, she was not proclaimed. Pat now questions the COMELEC’s jurisdiction over the case. Does the COMELEC have jurisdiction over the case?

A: Yes. HRET’s jurisdiction as the sole judge of all contests relating to elections, etc. of members of Congress begins only after a candidate has become a member of the HoR. Since Imelda has not yet been proclaimed, she is not yet a member of the HoR. Thus, COMELEC retains jurisdiction. (Romualdez- Marcos v. COMELEC, G.R. No. 119976, Sept. 18, 1995) Q: Does the HRET have authority to pass upon the eligibilities of the nominees of the party-list groups that won in the lower house of Congress?

A: Yes. By analogy with the cases of district representatives, once the party or organization of the party-list nominee has been proclaimed and the nominee has taken his oath and assumed office as member of the HoR, the COMELEC’s jurisdiction over election contests relating to his qualifications ends and the HRET’s own jurisdiction begins. (Abayon v. HRET, G.R. No. 189466, Feb. 11, 2010)

Q: What are the valid grounds or just causes for termination of membership to the tribunal?

A:

1. Expiration of Congressional term of Office 2. Death or permanent disability

3. Resignation from the political party he represents in the tribunal

4. Formal affiliation with another political party 5. Removal from office for other valid reasons.

(Bondoc v. Pineda, G.R. No. 97710, Sept. 26, 1991)

Q: Can the ET meet when Congress is not in session? A: Yes. Unlike the Commission on Appointments, the ET shall meet in accordance with their rules, regardless of whether Congress is in session or not. Q: Is there an appeal from the ET’s decision?

A: No. Sec. 17 of Art. VI provides that the SET/HRET is the sole judge of all contests. Hence, from its

decision, there is no appeal. Appeal is not a constitutional but merely a statutory right.

Q: Is there any remedy from its decision?

A: Yes. A special civil action for certiorari under Rule 65 of the Rules of Court may be filed. This is based on grave abuse of discretion amounting to lack or excess of jurisdiction. This shall be filed before the Supreme Court.

Q: What is the composition of the Commission on Appointments (CA)?

A:

1. Senate President as ex-officio chairman 2. 12 Senators

3. 12 members of the HoR (Sec. 18, Art. VI)

Note: A political party must have at least 2 elected senators for every seat in the Commission on Appointments. Thus, where there are two or more political parties represented in the Senate, a political party/coalition with a single senator in the Senate cannot constitutionally claim a seat in the Commission on Appointments. It is not mandatory to elect 12 senators to the Commission; what the Constitution requires is that there must be at least a majority of the entire membership. (Guingona, Jr. v. Gonzales, G.R. No.

106971, Oct. 20, 1992)

Q: How are the 12 Senators and 12 Representatives chosen?

A: The members of the Commission shall be elected by each House on the basis of proportional representation from the political party and party list. Accordingly, the sense of the Constitution is that the membership in the Commission on Appointment must always reflect political alignments in Congress and must therefore adjust to changes. It is understood that such changes in party affiliation must be permanent and not merely temporary alliances (Daza v. Singson, G.R. No. 86344, Dec. 21, 1989). Endorsement is not sufficient to get a seat in COA.

Note: The provision of Sec. 18, Art. VI of the Constitution, on proportional representation is mandatory in character and does not leave any discretion to the majority party in the Senate to disobey or disregard the rule on proportional representation; otherwise, the party with a majority representation in the Senate or the HoR can by sheer force of numbers impose its will on the hapless minority. By requiring a proportional representation in the CA, Sec. 18 in effect works as a check on the majority party in the Senate and helps maintain the balance of power. No party can claim more than what it is entitled to under such rule

Q: What is the jurisdiction of the CA?

A: CA shall confirm the appointments by the President with respect to the following positions: HAPCOO

1. Heads of the Executive departments. (except if it is the Vice-President who is appointed to the post)

2. Ambassadors, other Public ministers or Consuls 3. Officers of the AFP from the rank of colonel or

naval captain

4. Other officers whose appointments are vested in him by the Constitution (i.e. COMELEC members) (Bautista v. Salonga, G.R. No. 86439, April 13, 1989)

Q: What are the rules on voting? A:

1. The CA shall rule by a majority vote of all the members.

2. The chairman shall only vote in case of tie. 3. The CA shall act on all appointments within 30

session days from their submission to Congress (Sec. 18, Art. VI)

Q: What are the limitations on confirmation? A:

1. Congress cannot by law prescribe that the appointment of a person to an office created by such law be subject to confirmation by the CA. 2. Appointments extended by the President to the

above-mentioned positions while Congress is not in session shall only be effective until disapproval by the CA or until the next adjournment of Congress (Sarmiento III v. Mison, G.R. No. L- 79974, Dec. 17, 1987).

Q: What are the guidelines in the meetings of the CA?

A:

1. Meetings are held either at the call of the Chairman or a majority of all its members. 2. Since the CA is also an independent

constitutional body, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary. (Bondoc v. Pineda, G.R. No. 97710, Sept. 26, 1991)

Note: The ET and the CA shall be constituted within 30 days after the Senate and the HoR shall have been organized with the election of the Senate President and the Speaker of the House.

POWERS OF CONGRESS