CONSTITUTION I

A.Y. 1819– DEAN CANDELARIA

TOPIC Definition of Election Contest proclaimed by the Commission on Elections — shall not be sworn,
CASE NO. G.R. No. L-543 nor seated, as members of that chamber
CASE NAME Vera v. Avelino - Petitioners immediately instituted this action against their colleagues
responsible for the resolution. They pray for an order annulling it, and
PONENTE Bengzon, J.
compelling respondents to permit them to occupy their seats, and to
PETITIONER Jose O. Vera, et al. exercise their senatorial prerogatives
RESPONDENT Jose A. Avelino, et al.
TYPE OF Writ of Prohibition Petitioner's Claims
CASE - Quoting section 12 of Commonwealth Act No 725, counsel for
MEMBER Kobe Veneracion petitioners assert that it was respondents' duty, legally inescapable, to
permit petitioners to assume office and take part in the current regular
ISSUE session
- The aforementioned section reads:
1. W/N the SC has jurisdiction.
2. W/N Prohibition lies in the case at bar. "The candidates for Member of the House of Representatives and those
3. W/N Senate has exceeded its powers in issuing the Pendatun for Senator who have been proclaimed elected by the respective Board of
Resolution. Canvassers and the Commission on Elections shall assume officece and
4. W/N the respondents had a duty to permit petitioners to assume shall hold regular session for the 1946 on May 25, 1946. . . . "
office and take part in the regular session.
Respondents' Reply
RELEVANT FACTS - They discuss the jurisdiction of the SC and assert the validity of the
Pendatun Resolution
- Pursuant to a constitutional provision (section 4, Article X), the
COMELEC submitted to the President and the Congress of the RATIO DECIDENDI
Philippines its report on the national elections
- The report stated that by reason of certain specified acts of terrorism 1. W/N the SC has jurisdiction? NO.
and violence in the Provinces of Pampanga, Nueva Ecija, Bulacan and
Tarlac, the voting in said region did not reflect the true and free A previous case, Alejandrino, was about Senator Alejandrino being
expression of the popular will suspended from office for a year because he assaulted a fellow-member
- The Senate soon convened and proceeded to select its officers in the Senate. The SC held that:
- A resolution (called the Pendatun) was approved referring to the
report and ordering that the petitioners, Jose O. Vera, Ramon Diokno Mandamus will not lie against the legislative body, its members, or its
and Jose E. Romero — who had been included among the sixteen officers, to compel the performance of duties purely, legislative in their
candidates for senator receiving the highest number of votes, character which therefore pertain to their legislative functions and over
which they have exclusive control. The courts cannot dictate action in this

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respect without a gross usurpation of power. It has been held that where
a member has been expelled by the legislative body, the courts have no
power, irrespective of whether the expulsion was right or wrong, to issue
a mandate to compel his reinstatement.
The Court also held in Angara v. Electoral Commission, that there being
a conflict of jurisdiction between two constitutional bodies, it could not
decline to take cognizance of the controversy to determine the character,
scope and extent of their respective constitutional spheres of action.
However, here, there is actually no antagonism between the Electoral
Tribunal of the Senate and the Senate itself, for it is not suggested that the
former as adopted a rule contradicting the Pendatun Resolution.
Consequently, there is no occasion for our intervention.
Nevertheless, suppose for the moment, that the Court has jurisdiction.
2. W/N Prohibition lies in the case at bar? NO.
Petitioners pray for a writ of prohibition. Under the law, prohibition refers
only to proceedings of any tribunal, corporation, board, or person,
exercising functions judicial or ministerial. As the respondents do not
exercise such kind of functions, theirs being legislative, it is clear the
dispute falls beyond the scope of such special remedy.
3. W/N Senate has exceeded its powers in issuing the Pendatun
Resolution? NO.
The discussions in the Constitutional Convention showed that instead of
transferring to the Electoral Commission all the powers of the House or
Senate as "the sole judge of the election, returns, and qualifications of the
members of the National Assembly," it was given only jurisdiction over
"all contests" relating to the election, etc. The Convention did not intend
to give it all the functions of the Assembly on the subject of election and
qualifications of its members.
"As used in constitutional provisions", election contest "relates only to
statutory contests in which the contestant seeks not only to oust the
intruder, but also to have himself inducted into the office."
One concrete, example will serve to illustrate the remaining power in
either House of Congress: A man is elected by a congressional district
who had previously served ten years in Bilibid Prison for estafa. As he
had no opponent, no protest is filed. And the Electoral Tribunal has no
jurisdiction, because there is no election contest. When informed of the
fate, may not the House, motu proprio postpone his induction? May not
the House, suspend, investigate and thereafter exclude him? It must be
observed that when a member of the House raises a question as to the
qualifications of another, an "election contest" does not thereby ensue,
because the former does not seek to be substituted for their latter.
Since not all the powers regarding the election, returns, and qualifications
was transferred to the Electoral Commission, the power to defer the oath-
taking, until the contest is adjudged, does not belong to the corresponding
Electoral Tribunal. It must be held that the House or Senate still retains
such authority, for it has not been transferred to, nor assumed by, the
Electoral Tribunal. In fact, the resolution recognized, and did not
impair, the jurisdiction of the Electoral Tribunal to decide the contest.
Therefore, independently of constitutional or statutory grant, the Senate
has, under parliamentary practice, the power to inquire into the
credentials of any member and the latter's right to participate in its
deliberations.
The Senate, in the exercise of its authority and discretion and of its
inherent power of self-preservation, resolved to defer the administration
of oath and the sitting of the petitioners pending determination of the
contest. To avoid the undesirable results owing from the participation of
disqualified members in its deliberations, it was prudent for it to defer the
sitting of the respondents. True, they may have no direct connection with
the acts of intimidation; yet the votes may be annulled just the same, and
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A.Y. 1819– DEAN CANDELARIA
if that happens, petitioners would not be among the sixteen senators - Already provided in the rationale.
elected.

4. W/N the respondents had a duty to permit petitioners to assume office

and take part in the regular session? NO.

The provision quoted by petitioners is addressed to the individual member

of Congress, imposing on him the obligation to come to Manila, and join
his colleagues in regular session. However, it does not imply that if, for
any reason, he is disqualified, the House is powerless to postpone his
admission.

Furthermore, it would not be erroneous to maintain that any right spelled

out of Sec. 12 must logically be limited to those candidates whose
proclamation is clear, unconditional and unclouded, and that such
standard is not met by the petitioners.

Respondents are, by this proceeding, called to account for their votes in

approving the Pendatun Resolution. Having sworn to uphold the
Constitution, we must enforce the constitutional directive. We must not
question, nor permit respondents to be questioned here in connection with
their votes.

DISPOSITIVE POSITION

Wherefore, the PETITION is DISMISSED.

DOCTRINE/PRECEDENT

- Election contest: Relates only to statutory contests in which the

contestant seeks not only to oust the intruder, but also to have
himself inducted into the office

RELEVANT LAWS