Alejandrino V.S.

Quezon
46 Phil. 83 (1924)
Facts:
The petitioner in this original petition for mandamus andvinjunction is Jose Alejandrino, a
Senator appointed by the Governor General to represent the 12th Senatorial District. A
resolution adopted by the Philippine Senate composed of the respondent Senators. On
February 1924, depriving Alejandrino of all the prerogatives, privileges, and emoluments of his
office for the period of one year from 1/24 having been declared guilty of disorderly conduct and
flagrant violation of the privileges of the Senate for having treacherously assaulted Sen. de Vera
on the occasion of certain phrases being uttered by the latter in the course of the debate
regarding the credentials of Mr. Alejandrino. The burden of petitioner's complaint is that the
resolution is unconstitutional and entirely of no effect.
Issue:
Whether or not the Supreme Court by mandamus and injunction may annul the
suspension of Senator Alejandrino and compel the Philippine Senate to reinstate him in his
official
position?
Held:
No. The Philippine Legislature nor a branch, can be directly controlled in the exercise of
their legislative powers by any judicial process. The court lacks jurisdiction to consider the
petition. Mandamus will not lie against the legislative body, its members, or its officers, to
compel the performance of duties purely legislative in their character which therefore pertain to
their legislative functions and over which they have exclusive control. The courts cannot dictate
action in this respect without a gross usurpation of power. Precedents have 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.