Beruflich Dokumente
Kultur Dokumente
Electoral commission
Issue:
Has the Supreme Court jurisdiction over the Electoral Commission and the subject
matter of the controversy
Did the Electoral Commission act without or in excess of its jurisdiction in taking
cognizance of the protest filed against the election of the petitioner notwithstanding the
previous confirmation of such election by resolution of the National Assembly?
Ruling: The Court denied the petition of Angara. The Electoral Commission was acting within the
legitimate exercise of its constitutional prerogative in assuming to take cognizance of the protest filed by
the respondent Pedro Ynsua. The Electoral Commission is the sole judge of all contests relating to the
election, returns and qualifications of members of the National Assembly. That confirmation by the
National Assembly of the election of any member against whom no protest had been filed prior to said
confirmation, does not and cannot deprive the Electoral Commission of its incidental power to prescribe
the time within which protests against the election of any member of the National Assembly should be
filed.
The separation of powers is a fundamental principle in our system of government. Obtained not
through express provision but by actual division in our Constitution,
Fact: • Various petitions for certiorari, prohibition, and mandamus were filed with the Supreme Court
against the House of Representatives, et. al., most of which petitions contend that the filing of the
second impeachment complaint is unconstitutional as it violates the provision of Section 5 of Article XI
of the Constitution that “[n]o impeachment proceedings shall be initiated against the same official more
than once within a period of one year.”
Issue: Whether the power of judicial review extends to those arising from impeachment proceedings.
Held: Considering that the first impeachment complaint, was filed by former President Estrada against
Chief Justice Hilario G. Davide, Jr., along with seven associate justices of this Court, on June 2, 2003 and
referred to the House Committee on Justice on August 5, 2003, the second impeachment complaint
filed by Representatives Gilberto C. Teodoro, Jr. and Felix William Fuentebella against the Chief Justice
on October 23, 2003 violates the constitutional prohibition against the initiation of impeachment
proceedings against the same impeachable officer within a one-year period.
Hence, Sections 16 and 17 of Rule V of the Rules of Procedure in Impeachment Proceedings which
were approved by the House of Representatives on November 28, 2001 are unconstitutional.
Consequently, the second impeachment complaint against Chief Justice Hilario G. Davide, Jr. which
was filed by Representatives Gilberto C. Teodoro, Jr. and Felix William B. Fuentebella with the Office
of the Secretary General of the House of Representatives on October 23, 2003 is barred under
paragraph 5, section 3 of Article XI of the Constitution.
ACTUAL CONTROVERSY
1. PACU vs Secretary of Education – Issue: Whether or not Act No, 2706 as amended is
unconstitutional
Held: there is no justiciable controversy presented. PACU did not show that it suffered any injury from
the exercise of the Secretary of Education of such powers granted to him by the said law. PACU was
already issued a permit.
2. Mariano vs Comelec
Held: Petition dismissed for lack of merit. You have no personality to question because he is not
a candidate. Petitioner found to have no legal personality because most are not voters of
Makati; no rights involves
3. Cutaran vs DENR
Issue: WON SO 25 and DAO 2 are valid
Held: The petition was prematurely filed.