G.R. No. 106971 – 214 SCRA 789 – Political Law – Commission on Appointments’ membership; Apportionment of Senate’s 12 seats – Rounding Off
After the May 1992 elections, the senate was composed of 15 LDP senators, 5 NPC senators, 3 LAKAS-NUCD senators, and 1 LP-PDP-LABAN senator. To suffice the requirement that each house must have 12 representatives in the Commission on Appointments (CoA), the parties agreed to use the traditional formula: (No. of Senators of a political party) x 12 seats) / Total No. of Senators elected. The results of such a formula would produce 7.5 members for LDP, 2.5 members for NPC, 1.5 members for LAKAS-NUCD, and 0.5 member for LP-PDP-LABAN. Romulo, as the majority floor leader, nominated 8 senators from their party LDP because he rounded off 7.5 to 8 (Romulo would be the 8th) and that Tañada from LP-PDP-LABAN should represent the same party to the CoA. This is also pursuant to the proposition compromise by Sen Tolentino who proposed that the elected members of the CoA should consist of eight LDP, one LP-PDP-LABAN, two NPC and one LAKAS-NUCD. Guingona, a member of LAKAS-NUCD, opposed the said compromise. He alleged that the compromise is against proportional representation. Despite opposition, the proposed membership was approved. Guingona now filed a petition for prohibition enjoining Neptali Gonzales (ex-oficio chair of the CoA) from recognizing the proposed membership from the Senate.
ISSUE: Whether or not rounding off is allowed in determining a party’s representation in the CoA.
HELD: No. The SC laid down the following rules:
1) In the Senate, a political party or coalition must have at least two duly elected senators for every seat in the Commission on Appointments.
2) Where there are more than two 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.
Using this formula, LDP will have 7 seats in the CoA, NPC will have 2, LAKAS-NUCD will have 1, and LP-PDP-LABAN will have none. Thus, Romulo cannot be designated as LDP’s 8th member to the CoA nor can Tañada be designated as a member.
ISSUE 2: But this will not meet the requirement that each house (Senate and Lower House) must have 12 representatives to the CoA.
HELD 2: No. It is not mandatory to elect 12 Senators to the Commission on Appointments. The Constitution does not contemplate that the Commission on Appointments must necessarily include twelve (12) senators and twelve (12) members of the House of Representatives. What the Constitution requires is that there be at least a majority of the entire membership. Under Section 18, the Commission shall rule by majority vote of all the members and in Section 19, the Commission shall meet only while Congress is in session, at the call of its Chairman or a majority of all its members “to discharge such powers and functions herein conferred upon it.”
Note: Romulo and Tañada filed their respective motions for reconsideration but their motions were denied by the SC on 1 March 1993.
