Macariola v. Asuncion Case Digest Macariola v. Asuncion, 114 SCRA 77, May 31, 1982 (En Banc), J.

Makasiar

earlier purchased Lot1184-E from the plaintiffs Reyes after the finality of the decision in Civil Case No. 3010. SC stated that upon the transfer of sovereignty from Spain to the US and later on from the US to the Republic of the Philippines, Article 14 of Code of Commerce must be deemed to have been abrogated because where there is change of sovereignty, the political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, unless they are expressly re-enacted by affirmative act of the new sovereign. There appears no enabling or affirmative act that continued the effectivity of the aforestated provision of the Code of Commerce, consequently, Art. 14 of the Code of Commerce has no legal and binding effect and cannot apply to the respondent Judge Asuncion. Respondent Judge cannot also be held liable to par. H, Section 3 of R.A. 3019 because the business of the corporation in which respondent participated had obviously no relation or connection with his judicial office. SC stated that respondent judge and his wife deserve the commendation for their immediate withdrawal from the firm 22 days after its incorporation realizing that their interest contravenes the Canon 25 of the Canons of Judicial Ethics. SANTIAGO VS. COMELEC [270 SCRA 106; G.R. No.127325; 19 Mar 1997] Facts: Private respondent Atty. Jesus Delfin, president of PeoplesInitiative for Reforms, Modernization and Action (PIRMA), filed with COMELEC a petition to amend the constitution to lift the term limits of elective officials, through Peoples Initiative. He based this petition on Article XVII, Sec. 2 of the 1987 Constitution, which provides for the right of the people to exercise the power to directly proposeamendments to the Constitution. Subsequently the COMELEC issued an order directing the publication of the petition and of the notice of hearing and thereafter set the case for hearing. At the hearing, Senator Roco, the IBP, Demokrasya-Ipagtanggol ang Konstitusyon, Public Interest Law Center, and Laban ng Demokratikong Pilipino appeared as intervenors-oppositors. Senator Roco filed a motion to dismiss the Delfin petition on the ground that one which is cognizable by the COMELEC. The petitioners herein Senator Santiago, Alexander Padilla, and Isabel Ongpin filed this civil action for prohibition under Rule 65 of the Rules of Court against COMELEC and the Delfin petitionrising the several arguments, such as the following: (1) The constitutional provision on peoples initiative to amend the constitution can only be implemented by law to be passed by Congress. No such law has been passed; (2) The peoples initiative is limited to amendments to the Constitution, not to revision thereof. Lifting of the term limits constitutes a revision, therefore it is outside the power of peoples initiative. The Supreme Court granted the Motions for Intervention.

Facts: When the decision in Civil Case No. 3010 rendered by respondent Hon. Judge Elias B. Asuncion of Court of First Instance of Leyte became final on June 8, 1863 for lack of an appeal, a project of partition was submitted to him which he later approved in an Order dated October 23, 1963. Among the parties thereto was complainant Bernardita R. Macariola. One of the properties mentioned in the project of partition was Lot 1184. This lot according to the decision rendered by Judge Asuncion was adjudicated to the plaintiffs Reyes in equal shares subdividing Lot 1184 into five lots denominated as Lot 1184-A to 1184-E. On July 31, 1964 Lot 1184-E was sold to Dr. Arcadio Galapon who later sold a portion of Lot 1184-E to Judge Asuncion and his wife Victoria Asuncion. Thereafter spouses Asuncion and spouses Galapon conveyed their respective shares and interests in Lot 1184-E to the Traders Manufacturing and Fishing Industries Inc. wherein Judge Asuncion was the president. Macariola then filed an instant complaint on August 9, 1968 docketed as Civil Case No. 4234 in the CFI of Leyte against Judge Asuncion with "acts unbecoming a judge" alleging that Judge Asuncion in acquiring by purchase a portion of Lot 1184-E violated Article 1491 par. 5 of the New Civil Code, Art. 14, pars. 1 and 5 of the Code of Commerce, Sec. 3 par. H of R.A. 3019, Sec. 12 Rule XVIII of the Civil Service Rules and Canon 25 of the Canons of Judicial Ethics. On November 2, 1970, Judge Jose Nepomuceno of the CFI of Leyte rendered a decision dismissing the complaints against Judge Asuncion. After the investigation, report and recommendation conducted by Justice Cecilia Munoz Palma of the Court of Appeals, she recommended on her decision dated March 27, 1971 that Judge Asuncion be exonerated.

Issue: Does Judge Asuncion, now Associate Justice of Court of Appeals violated any law in acquiring by purchase a parcel of Lot 1184-E which he previously decided in a Civil Case No. 3010 and his engagement in business by joining a private corporation during his incumbency as a judge of the CFI of Leyte constitute an "act unbecoming of a judge"?

Ruling: No. The respondent Judge Asuncion's actuation does not constitute of an "act unbecoming of a judge." But he is reminded to be more discreet in his private and business activities. SC ruled that the prohibition in Article 1491 par. 5 of the New Civil Code applies only to operate, the sale or assignment of the property during the pendency of the litigation involving the property. Respondent judge purchased a portion of Lot 1184-E on March 6, 1965, the in Civil Case No. 3010 which he rendered on June 8, 1963 was already final because none of the parties therein filed an appeal within the reglementary period. Hence, the lot in question was no longer subject to litigation. Furthermore, Judge Asuncion did not buy the lot in question directly from the plaintiffs in Civil Case No. 3010 but from Dr. Arcadio Galapon who

Issues: (1) Whether or not Sec. 2, Art. XVII of the 1987 Constitution is a self-executing provision. (2) Whether or not COMELEC Resolution No. 2300 regarding the conduct of initiative on amendments to the Constitution is valid, considering the absence in the law of specific provisions on the conduct of such initiative. (3) Whether the lifting of term limits of elective officials would

constitute a revision or an amendment of the Constitution.

Held: Sec. 2, Art XVII of the Constitution is not self executory, thus, without implementing legislation the same cannot operate. Although the Constitution has recognized or granted the right, the people cannot exercise it if Congress does not provide for its implementation. The portion of COMELEC Resolution No. 2300 which prescribes rules and regulations on the conduct of initiative on amendments to the Constitution, is void. It has been an established rule that what has been delegated, cannot be delegated (potestas delegata non delegari potest). The delegation of the power to the COMELEC being invalid, the latter cannot validly promulgate rules and regulations to implement the exercise of the right to peoples initiative. The lifting of the term limits was held to be that of a revision, as it would affect other provisions of the Constitution such as the synchronization of elections, the constitutional guarantee of equal access to opportunities for public service, and prohibiting political dynasties. A revision cannot be done by initiative. However, considering the Courts decision in the above Issue, the issue of whether or not the petition is a revision or amendment has become academic. MANILA PRINCE HOTEL VS. GSIS [267 SCRA 408; G.R. No. 122156; 3 Feb 1997] Facts: The controversy arose when respondent Government Service Insurance System (GSIS), pursuant to the privatization program of the Philippine Government under Proclamation No. 50 dated 8 December 1986, decided to sell through public bidding 30% to 51% of the issued and outstanding shares of respondent Manila HotelCorporation. In a close bidding held on 18 September 1995 only two (2) bidders participated: petitioner Manila Prince Hotel Corporation, aFilipino corporation, which offered to buy 51% of the MHC or 15,300,000 shares at P41.58 per share, and Renong Berhad, a Malaysian firm, with ITTSheraton as its hotel operator, which bid for the same number of shares at P44.00 per share, or P2.42 more thanthe bid of petitioner. Pending the declaration of Renong Berhad as the winning bidder/strategic partner and the execution of the necessary contracts, matched the bid price of P44.00 per share tendered by Renong Berhad. On 17 October 1995, perhaps apprehensive that respondent GSIS has disregarded the tender of the matching bid and that the sale of 51% of the MHC may be hastened by respondent GSIS and consummated with Renong Berhad, petitioner came to this Court on prohibition and mandamus. In the main, petitioner invokes Sec. 10, second par., Art. XII, of the 1987 Constitution and submits that the Manila Hotel has been identified with the Filipino nation and has practically become a historical monument which reflects the vibrancy of Philippine heritage and culture. It is a proud legacy of an earlier generation of Filipinoswho believed in the nobility and sacredness of independence and its power and capacity to release the full potential of the Filipino people. To all intents and purposes, it has become a part of the national patrimony. 6 Petitioner also argues that since 51% of the shares of the MHC carries with it the

ownership of the business of the hotel which is owned by respondent GSIS, a government-owned and controlled corporation, the hotel business of respondent GSIS being a part of the tourism industry is unquestionably a part of the national economy. Issue: Whether or Not the sale of Manila Hotel to Renong Berhad is violative of the Constitutional provision of Filipino First policy and is therefore null and void. Held: The Manila Hotel or, for that matter, 51% of the MHC, is not just any commodity to be sold to the highest bidder solely for the sake of privatization. The Manila Hotel has played and continues to play a significant role as an authentic repository of twentieth centuryPhilippine history and culture. This is the plain and simple meaning of the Filipino First Policy provision of the Philippine Constitution. And this Court, heeding the clarion call of the Constitution and accepting the duty of being the elderly watchman of the nation, will continue to respect and protect the sanctity of the Constitution. It was thus ordered that GSIS accepts the matching bid of petitioner MANILAPRINCE HOTEL CORPORATION to purchase the subject 51% of the shares of the Manila Hotel Corporation at P44.00 per share and thereafter to execute the necessary clearances and to do such other acts and deeds as may be necessary for purpose.

Angara vs. Electoral Commission 63 PHIL 143

FACTS: In the elections of Sept. 17, 1935, petitioner Jose A. Angara and the respondents Pedro Ynsua, Miguel Castillo, and Dionisio Mayor were candidates voted for the position of members of the National Assembly for the first district of Tayabas. On Oct. 7, 1935, the provincial board of canvassers proclaimed Angara as member-elect of the National Assembly and on Nov. 15, 1935, he took his oath of office. On Dec. 3, 1935, the National Assembly passed Resolution No. 8, which in effect, fixed the last date to file election protests. On Dec. 8, 1935, Ynsua filed before the Electoral Commission a "Motion of Protest" against Angara and praying, among other things, that Ynsua be named/declared elected Member of the National Assembly or that the election of said position be nullified. On Dec. 9, 1935, the Electoral Commission adopted a resolution (No. 6) stating that last day for filing of protests is on Dec. 9. Angara contended that the Constitution confers exclusive jurisdiction upon the Electoral Commission solely as regards the merits of contested elections to the National Assembly and the Supreme Court therefore has no jurisdiction to hear the case. ISSUES: (1) Whether or not the Supreme Court has jurisdiction over the Electoral Commision and the subject matter of the controversy upon the foregoing related facts, and in the affirmative, (2) Whether or not the said Electoral Commission acted without or in excess of its jurisdiction in assuming to take cognizance of the protest filed against the election of the herein petitioner notwithstanding the previous confirmation of such election by resolution of the National Assembly

RULING: On the issue of jurisdiction of the Supreme Court

agencies of the government are necessarily determined by the judiciary in justiciable and appropriate cases. The court has jurisdiction over the Electoral Commission and the subject matter of the present controversy for the purpose of determining the character, scope, and extent of the constitutional grant to the Electoral Commission as "the sole judge of all contests relating to the election, returns, and qualifications of the members of the National Assembly." On the issue of jurisdiction of the Electoral Commission

The separation of powers is a fundamental principle of a system of government. It obtains not through a single provision but by actual division in our Constitution that each department of the government has exclusive cognizance of matters within its jurisdiction, and is supreme within its own sphere. But it does not follow from that fact that the three powers are to be kept separate and that the Constitution intended them to be absolutely restrained and independent of each other. The Constitution has provided for an elaborate system of checks and balances to secure coordination in the workings of the various departments of the government. In case of conflict, the judicial department is the only constitutional organ which can be called upon to determine the proper allocation of powers between the several departments and among the integral and constituent units thereof. As any human production, our Constitution is of course lacking perfection and perfectability, but as much as it was within the power of our people, acting through their delegates to so provide, that instrument which is the expression of their sovereignty however limited, has established a republican government intended to operate and function as a harmonious whole, under a system of checks and balances and subject to the specific limitations and restrictions provided in the said instrument. The Constitution itself has provided for the instrumentality of the judiciary as the rational way. When the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them. This is in truth all that is involved in what is termed "judicial supremacy" which properly is the power of judicial review under the Constitution. Even then, this power of judicial review is limited to actual cases and controversies to be exercised after full opportunity of argument by the parties and limited further to the constitutional question raised or the very lis mota presented. Courts accord the presumption of constitutionality to legislative enactments, not only because the legislature is presumed to abide by the Constitution, but also because the judiciary in the determination of actual cases and controversies must respect the wisdom and justice of the people as expressed through their representatives in the executive and legislative departments of government. In the case at bar, here is then presented an actual controversy involving as it does a conflict of a grave constitutional nature between the National Assembly on the one hand, and the Electoral Commission on the other. Although the Electoral Commission may not be interfered with, when and while acting wihtin the limits of its authority, it does not follow that it is beyond the reach of the constitutional mechanism adopted by the people and that it is not subject to constitutional restrictions. The Electoral Commission is not a separate department of the government, and even if it were, conflicting claims of authority under the fundamental law between departmental powers and

The creation of the Electoral Commission was designed to remedy certain errors of which the framers of our Constitution were cognizant. The purpose was to transfer in its totality all the powers previously exercised by the legislature in matters pertaining to contested elections of its members, to an independent and impartial tribunal. The Electoral Commission is a constitutional creation, invested with the necessary authority in the performance and exercise of the limited and specific function assigned to it by the Constitution. Although it is not a power in our tripartite scheme of government, it is, to all intents and purposes, when acting within the limits of its authority, an independent organ. The grant of power to the Electoral Commission to judge all contests relating to the election, returns, and qualifications of members of the National Assembly, is intended to be as complete and unimpaired as if it had remained originally in the legislature. The express lodging of that power in the Electoral Commission is an implied denial in the exercise of that power by the National Assembly. And thus, it is as effective a restriction upon the legislative power as an express prohibition in the Constitution. The creation of the Electoral Commission carried with it ex necessitate rei the power regulative in character to limit the time within which protests instructed to its cognizance should be filed. Therefore, the incidental power to promulgate such rules necessary for the proper exercise of its exclusive power to judge all contests relating to the election, returns, and qualifications of members of the National Assembly, must be deemed by necessary implication to have been lodged also in the Electoral Commission. It appears that on Dec. 9, 1935, the Electoral Commission met for the first time and approved a resolution fixing said date as the last day for the filing of election protests. When, therefore, the National Assembly passed its resolution of Dec. 3, 1935, confirming the election of the petitioner to the National Assembly, the Electoral Commission had not yet met; neither does it appear that said body had actually been organized. While there might have been good reason for the legislative practice of confirmation of the election of members of the legislature at the time the power to decide election contests was still lodged in the legislature, confirmation alone by the legislature cannot be construed as depriving the Electoral Commission of the authority incidental to its constitutional power to be "the sole judge of all contests...", to fix the time for the filing of said election protests. HELD: The Electoral Commission is acting within the legitimate exercise of its constitutional prerogative in assuming to take cognizance of

the protest filed by the respondent, Pedro Ynsua against he election of the herein petitioner, Jose A. Angara, and that the resolution of the National Assembly on Dec. 3, 1935, cannot in any manner toll the time for filing protest against the election, returns, and qualifications of the members of the National Assembly, nor prevent the filing of protests within such time as the rules of the Electoral Commission might prescribe.