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Pormento v.

Estrada (TOPIC: Presidential Term Limit) Republic of the Philippines in the forthcoming national
elections. In his certificate of candidacy, FPJ, represented
FACTS: Respondent was elected President of the Republic in himself to be a natural-born citizen of the Philippines.
the general elections held on May 11, 1998. He sought the
presidency again in the general elections held on May 10, Victorino X. Fornier initiated a petition before the
2010. Petitioner Atty. Evillo C. Pormento opposed COMELEC to disqualify FPJ upon the thesis that FPJ made a
respondents’ candidacy and filed a petition for material misrepresentation in his certificate of candidacy by
disqualification. claiming to be a natural-born Filipino citizen when in truth,
according to Fornier, his parents were foreigners.
His petition was denied by the COMELEC en banc. As
such, petitioner filed the instant petition for certiorari on May According to petitioner, FPJ’s mother, Bessie Kelley
7, 2010. However, under the Rules of Court, the filing of such Poe, was an American, and his father, Allan Poe, was a
petition would not stay the execution of the judgment of the Spanish national, being the son of Lorenzo Pou, a Spanish
COMELEC that is sought to be reviewed. subject. Granting, petitioner asseverated, that Allan F. Poe
was a Filipino citizen, he could not have transmitted his
Hence, private respondent was able to participate as Filipino citizenship to FPJ, the latter being an illegitimate child
a candidate for the position of President in the May 10, 2010 of an alien mother.
elections where he garnered the second highest number of
votes. Private respondent was not elected President the The COMELEC dismissed the case hence the case at
second time he ran. bar.

ISSUE: WON respondent Joseph Ejercito Estrada is covered by ISSUE: WON FPJ is a natural-born Filipino citizen - YES
the ban on the President from any reelection.
RULING: Section 2, Article VII, of the 1987 Constitution
RULING: Since the issue on the proper interpretation of the expresses: No person may be elected President unless he is a
phrase “any reelection” will be premised on a person’s natural-born citizen of the Philippines xxx xxx
second (whether immediate or not) election as President,
there is no case or controversy to be resolved in this case. No The term "natural-born citizens," is defined to
live conflict of legal rights exists. include "those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect
As such, one of the essential requisites for the their Philippine citizenship."
exercise of the power of judicial review, the existence of an
actual case or controversy, is sorely lacking in this case. The The date, month and year of birth of FPJ appeared to
Court is not empowered to decide moot questions or abstract be 20 August 1939 during the regime of the 1935
propositions, or to declare principles or rules of law which Constitution. Among the modes of acquiring citizenship, only
cannot affect the result as to the thing in issue in the case jus soli and jus sanguinis, could qualify a person to being a
before it. "natural-born" citizen of the Philippines.

Assuming an actual case or controversy existed prior With the adoption of the 1935 Constitution, jus
to the proclamation of a President who has been duly elected sanguinis or blood relationship became the primary basis of
in the May 10, 2010 elections, the same is no longer true citizenship by birth.
today. Following the results of that elections, respondent was
Documentary evidence adduced by petitioner would
not elected President for the second time. Thus, any
tend to indicate that the earliest established direct ascendant
discussion of his reelection will simply be hypothetical and
of FPJ was his paternal grandfather Lorenzo Pou. While the
speculative. It will serve no useful or practical purpose.
record of birth of Lorenzo Pou had not been presented in
DISMISSED.
evidence, his death certificate, however, identified him to be
Walay principle gi-discuss. Ambot nganong gi-apil ni ni sir. a Filipino, a resident of San Carlos, Pangasinan, and 84 years
old at the time of his death on 11 September 1954.
Fornier vs COMELEC (TOPIC: Definition of natural born
Filipino) Also, the birth certificate of FPJ would disclose that
he was born on 20 August 1939. (Daghan pa kayo tong mga
FACTS: On 31 December 2003, Fernando Poe, Jr. (FPJ), filed documentary evidence gi-submit pero wa na nako apila kay
his certificate of candidacy for the position of President of the taas na kayo and because these two are the most crucial)
Being public documents, the death certificate of 2. Even assuming arguendo that petitioner was a
Lorenzo Pou and the birth certificate of FPJ constitute prima natural-born Filipino, she is deemed to have lost that
facie proof of their content. status when she became a naturalized American
citizen (after she married her husband and moved to
Any conclusion on the Filipino citizenship of Lorenzo USA). According to Elamparo, natural-born
Pou could only be drawn from the presumption that having citizenship must be continuous from birth.
died in 1954 at 84 years old, Lorenzo would have been born Issue on residency (omitted)
sometime in the year 1870, when the Philippines was under
Petitioner filed her Answer wherein she countered that:
Spanish rule, and that San Carlos, Pangasinan, his place of
residence upon his death in 1954, in the absence of any other xxx
evidence, could have well been his place of residence before (3) she did not make any material
death, such that Lorenzo Pou would have benefited from misrepresentation in the COC regarding her
the "en masse Filipinization" that the Philippine Bill had citizenship and residency qualifications for:
effected in 1902. a. the 1934 Constitutional Convention
deliberations show that foundlings were
That citizenship (of Lorenzo Pou), if acquired, would considered citizens;
thereby extend to his son, Allan F. Poe, father of respondent
b. foundlings are presumed under international
FPJ. The 1935 Constitution, during which regime respondent
law to have been born of citizens of the
FPJ has seen first light, confers citizenship to all persons place where they are found;
whose fathers are Filipino citizens regardless of whether
c. she reacquired her natural-born Philippine
such children are legitimate or illegitimate.
citizenship under the provisions of R.A. No.
9225;
But while the totality of the evidence may not
establish conclusively that respondent FPJ is a natural-born d. she executed a sworn renunciation of her
citizen of the Philippines, the evidence on hand still would American citizenship prior to the filing of
her COC for President in the May 9,
preponderate in his favor enough to hold that he cannot be
2016 Elections and that the same is in full
held guilty of having made a material misrepresentation in his force and effect and has not been
certificate of candidacy in violation of he Omnibus Election withdrawn or recanted;
Code. DISMISSED.
e. the burden was on Elamparo in proving that
POE V COMELEC she did not possess natural-born status;
COMELEC Second Division promulgated a Resolution finding
FACTS: (Facts not very important, you can skip directly to
that petitioner's COC
Ruling on foundlings)
contained material representations which are false.
A day after Grace Poe filed her COC for President, Estrella
Elamparo (Elamparo) filed a petition to deny due course or
cancel said COC. Essentially, Elamparo's contention is that
petitioner committed material misrepresentation when she ISSUE:
1. WON Poe is a Filipino citizen
stated in her COC that she is a natural-born Filipino citizen
and that she is a resident of the Philippines for at least ten 2. WON Foundlings are considered Natural-born citizens.
(10) years and eleven (11) months up to the day before the 9
May 2016 Elections.
RULING:
On the issue of citizenship, Elamparo argued:
1. YES
1. petitioner cannot be considered as a natural-born The fact is that petitioner's blood relationship
Filipino on account of the fact that she was a with a Filipino citizen is DEMONSTRABLE. She has typical
foundling. Elamparo claimed that international law Filipino features: height, flat nasal bridge, straight black
does not confer natural-born status and Filipino hair, almond shaped eyes and an oval face.
citizenship on foundlings. Following this line of At the outset, it must be noted that
reasoning, petitioner is not qualified to apply for presumptions regarding paternity is neither unknown nor
reacquisition of Filipino citizenship under R.A. No. unaccepted in Philippine Law. The Family Code of the
9225 for she is not a natural-born Filipino citizen to Philippines has a whole chapter on Paternity and
begin with. Filiation. That said, there is more than sufficient evidence
that petitioner has Filipino parents and is therefore a Spaniards, because the
natural-born Filipino. Parenthetically, the burden of presumption is that a child of
proof was on private respondents to show that petitioner unknown parentage is the son of
is not a Filipino citizen. The private respondents should a Spaniard. This may be applied
have shown that both of petitioner's parents were aliens. in the Philippines in that a child
Her admission that she is a foundling did not shift the of unknown parentage born in
burden to her because such status did not exclude the the Philippines is deemed to be
possibility that her parents were Filipinos, especially as in Filipino, and there is no need. . . .
this case where there is a high probability, if not
Sr. Rafols:
certainty, that her parents are Filipinos.
There is a need, because we are relating
2. Yes. Basis: Intent of the Framer; International
the conditions that are
law;
[required] to be Filipino.
As a matter of law, foundlings are as a class, natural-born
citizens. While the 1935 Constitution's enumeration is silent Sr. Montinola:
as to foundlings, there is no restrictive language which would But that is the interpretation of the law,
definitely exclude foundlings either. Because of silence and therefore, there is no [more]
ambiguity in the enumeration with respect to foundlings, need for amendment.
there is a need to examine the intent of the framers.
Xxx
[Intent of the Framers]

As pointed out by petitioner as well as the Sr. Busion:


Solicitor General, the deliberations of the 1934
Mr. President, don't you think it would be
Constitutional Convention show that the framers
better to leave this matter in the
intended foundlings to be covered by the enumeration.
hands of the Legislature?
The following exchange is recorded:
Sr. Roxas:
Sr. Rafols:
Mr. President, my humble opinion is that
For an amendment. I propose that after
these cases are few and far in
subsection 2, the following is
between, that the
inserted: "The natural children of
constitution need [not] refer to
a foreign father and a Filipino
them. By international law the
mother not recognized by the
principle that children or people
father.
born in a country of unknown
xxx xxx xxx parents are citizens in this nation
is recognized, and it is not
President:
necessary to include a
[We] would like to request a clarification provision on the subject
from the proponent of the exhaustively. 116
amendment. The gentleman
Though the Rafols amendment was not carried
refers to natural children or to
out, it was not because there was any objection to the
any kind of illegitimate children?
notion that persons of "unknown parentage" are not
Sr. Rafols: citizens but only because their number was not enough
to merit specific mention. Such was the
To all kinds of illegitimate children. It also
account, 117 cited by petitioner, of delegate
includes natural children of
and constitution law author Jose Aruego who said:
unknown parentage, natural or
illegitimate children of unknown
parents.
During the debates on this
Sr. Montinola: provision, Delegate Rafols presented an
For clarification. The gentleman said "of amendment to include as Filipino
unknown parents." Current citizens the illegitimate children with a
codes consider them Filipino, foreign father of a mother who was a
that is, I refer to the Spanish citizen of the Philippines, and
Code wherein all children of also foundlings; but this amendment
unknown parentage born in was defeated primarily because the
Spanish territory are considered
Convention believed that the cases, Provincial Election Supervisor on March 8, 1995,
being too few to warrant the inclusion providing the following information in item no. 8: 4
of a provision in the Constitution to RESIDENCE IN THE CONSTITUENCY
apply to them, should be governed by WHERE I SEEK TO BE ELECTED
statutory legislation. Moreover, it was IMMEDIATELY PRECEDING THE ELECTION:
believed that the rules of international ______ Years and seven Months.
law were already clear to the effect
On March 23, 1995, private respondent Cirilo Roy Montejo,
that illegitimate children followed the
the incumbent Representative of the First District of Leyte
citizenship of the mother, and that
and a candidate for the same position, filed a "Petition for
foundlings followed the nationality of
Cancellation and Disqualification" with
the place where they were found,
the Commission on Elections alleging that petitioner did not
thereby making unnecessary the
meet the constitutional requirement for residency of 1 year.
inclusion in the Constitution of the
proposed amendment. NOTE: Leyte has 1st district and 2nd district; When Marcos
showed his interest in ruling for election, Montejo told her
that she is not a resident of Tacloban (place where Marcos
[International Law] grew up) but of Tolosa (present place where she live) hence,
Foundlings are likewise citizens under international law. Marcos registered as a voter in Tolosa. Montejo then filed a
Under the 1987 Constitution, an international law can petition to Comelec to move the city of Tolosa to 2 nd district
become part of the sphere of domestic law either by such was not achieved, a very clear intention of Montejo to
transformation or incorporation. The transformation method remove Marcos from being his opponent.
requires that an international law be transformed into a Marcos filed an Amended/Corrected Certificate of Candidacy,
domestic law through a constitutional mechanism such as changing the entry "seven" months to "since childhood" of
local legislation. On the other hand, generally accepted the amended certificate. The Provincial Election Supervisor of
principles of international law, by virtue of the incorporation Leyte denied such as it is filed out of time. Consequently,
clause of the Constitution, form part of the laws of the land
even if they do not derive from treaty obligations Marcos filed the Amended CoC to the COMELEC's Head Office
in Intramuros, Manila
The principles found in two conventions (1930 Hague
Convention and 1961 Convention on the Reduction of In said Answer, petitioner averred that the entry of the word
Statelessness), while yet unratified by the Philippines, are "seven" in her original Certificate of Candidacy was the result
generally accepted principles of international law. The first is of an "honest misinterpretation" which she sought to rectify
Article 14 of the 1930 Hague Convention on Certain by adding the words "since childhood" in her
Questions Relating to the Conflict of Nationality Laws under Amended/Corrected Certificate of Candidacy and that "she
which a foundling is presumed to have the "nationality of the has always maintained Tacloban City as her domicile or
country of birth," The second is the principle that a foundling residence." She averred that she thought that what was
is presumed born of citizens of the country where he is found. asked was her "actual and physical" presence in Tolosa and
not residence of origin or domicile in the First Legislative
Adopting these legal principles from the 1930 Hague District, to which she could have responded "since
Convention and the 1961 Convention on Statelessness is
childhood."
rational and reasonable and consistent with the jus
sanguinis regime in our Constitution. The presumption of COMELEC’s Ruling: against Marcos. It held:
natural-born citizenship of foundlings stems from the
presumption that their parents are nationals of the In election cases, the term 'residence' has always been
Philippines. As the empirical data provided by the PSA show, considered as synonymous with 'domicile' which imports
that presumption is at more than 99% and is a virtual not only the intention to reside in a fixed place but also
certainty. personal presence in that place, coupled with conduct
indicative of such intention. Domicile denotes a fixed
permanent residence to which when absent for business
MARCOS v COMELEC or pleasure, or for like reasons, one intends to return.
(Perfecto Faypon vs. Eliseo Quirino, 96 Phil
FACTS:
294; Romualdez vs. RTC-Tacloban, 226 SCRA 408). In
Petitioner, Imelda Romualdez-Marcos filed her respondent's case, when she returned to the Philippines in
Certificate of Candidacy for the position of 1991, the residence she chose was not Tacloban but San
Representative of the First District of Leyte with the Juan, Metro Manila. Thus, her animus revertendiis pointed
to Metro Manila and not Tacloban.
Except for the time that she studied and worked for to which when absent for business or pleasure, or for like
some years after graduation in Tacloban City, she reasons, one intends to return.
continuously lived in Manila. In 1959, after her husband
[WHEN DOMICILE IS NOT LOST EVEN IF A PERSON IS IN
was elected Senator, she lived and resided in San Juan,
OTHER PLACE]
Metro Manila where she was a registered voter. In 1965,
she lived in San Miguel, Manila where she was again a Faypon vs. Quirino, held that the absence from residence to
registered voter. In 1978, she served as member of the pursue studies or practice a profession or registration as a
Batasang Pambansa as the representative of the City of voter other than in the place where one is elected does not
Manila and later on served as the Governor of Metro constitute loss of residence. So settled is the concept (of
Manila. She could not have served these positions if she domicile) in our election law that in these and other election
had not been a resident of the City of Manila. law cases, this Court has stated that the mere absence of an
Furthermore, when she filed her certificate of candidacy individual from his permanent residence without the
for the office of the President in 1992, she claimed to be intention to abandon it does not result in a loss or change of
a resident of San Juan, Metro Manila. domicile.

[DOMICILE VS RESIDENCE]
When respondent chose to stay in Ilocos and later on in "There is a difference between domicile and
Manila, coupled with her intention to stay (animus residence. 'Residence' is used to indicate a place of
manendi) there by registering as a voter there and abode, whether permanent or temporary; 'domicile'
expressly declaring that she is a resident of that place, she denotes a fixed permanent residence to which,
is deemed to have abandoned Tacloban City (animus non when absent, one has the intention of returning. A
revertendi), where she spent her childhood and school man may have a residence in one place and a
days, as her place of domicile. domicile in another. Residence is not domicile, but
domicile is residence coupled with the intention to
ISSUE: remain for an unlimited time. A man can have but
1. WON the statement in a certificate of candidacy which one domicile for the same purpose at any time, but
ought to be decisive in determining whether or not an he may have numerous places of residence. His
individual has satisfied the constitution's residency place of residence is generally his place of domicile,
qualification requirement. but it is not by any means necessarily so since no
length of residence without intention of remaining
2. WON Marcos has complied the 1 year residency will constitute domicile." (Uytengsu vs. Republic)
requirement in Leyte. (MAIN TOPIC)
[CONCLUSION]

Thus, the assertion by the COMELEC that "she could not have
RULING:
been a resident of Tacloban City since childhood up to the
1. No. The said statement becomes material only when time she filed her certificate of candidacy because she
there is or appears to be a deliberate attempt to became a resident of many places" flies in the face of settled
mislead, misinform, or hide a fact which would jurisprudence in which this Court carefully made distinctions
otherwise render a candidate ineligible. (Own note: between (actual) residence and domicile for election law
Estoppel) It would be plainly ridiculous for a purposes.
candidate to deliberately and knowingly make a
statement in a certificate of candidacy which would
lead to his or her disqualification. Honest mistake Respondent was a little over 8 years old, she established her
should not, however, be allowed to negate the fact domicile in Tacloban, Leyte (Tacloban City). She studied in
of residence in the First District if such fact were Tacloban. She pursued her college studies in Tacloban
established by means more convincing than a mere
entry on a piece of paper. Thereafter, she taught in the Leyte Chinese School still in
Tacloban City. In 1952 she went to Manila to work with her
cousin she married ex-President Ferdinand E. Marcos when
2. Yes
he was still a congressman of Ilocos Norte and registered
In election cases, the term 'residence' has always been
there as a voter. When her husband was elected Senator of
considered as synonymous with 'domicile' which imports not
the Republic in 1959, she and her husband lived together in
only the intention to reside in a fixed place but also personal
San Juan, Rizal where she registered as a voter. In 1965, when
presence in that place, coupled with conduct indicative of her husband was elected President of the Republic of the
such intention. (Basis: Intent of framer – Constitutional Philippines, she lived with him in Malacañang Palace and
Deliberation) Domicile denotes a fixed permanent residence registered as a voter in San Miguel, Manila. In February 1986
(she claimed that) she and her family were abducted and How to establish/change domicile
kidnapped to Honolulu, Hawaii. In November 1991, she came
home to Manila. In 1992, respondent ran for election as Records show that petitioner's domicile of origin was Ilocos
President of the Philippines and filed her Certificate of Sur and that he acquired a new domicile of choice in Quezon
Candidacy wherein she indicated that she is a resident and City. Petitioner is now claiming that he had effectively
registered voter of San Juan, Metro Manila. abandoned his "residence" in Quezon City and has
established a new "domicile" of choice in Sarangani.

Applying the principles discussed to the facts found A person's "domicile" is considered to continue and will not
by COMELEC, what is inescapable is that petitioner held be deemed lost until a new one is established. To successfully
various residences for different purposes during the past four effect a change of domicile, one must demonstrate an actual
decades. None of these purposes unequivocally point to an removal or an actual change of domicile; a bona fide
intention to abandon her domicile of origin in Tacloban, intention of abandoning the former place of residence and
Leyte. establishing a new one and definite acts which correspond
with the purpose.
[Presumption of Continuity or Residence and Changing of
Domicile] DOM: In other words, there must be animus manendi (in
the new “domicile” - Sarangani) coupled with animus non
As domicile, once acquired is retained until a new one is
revertendi (to the old “domicile” – Quezon City)
gained.

To successfully effect a change of domicile, one must


demonstrate: Domicile requires not only bodily presence but also an intent
1. An actual removal or an actual change of to make it one’s fixed and permanent place of abode
domicile; (Animus Manendi)
It is the contention of petitioner that his actual physical
2. A bona fide intention of abandoning the former presence in Sarangani was sufficiently established by the
place of residence and establishing a lease of a house and lot in 1997 and by the affidavits and
new one; and (Animus non revertendi) certifications under oath of the residents of that place that
3. Acts which correspond with the purpose. they have seen petitioner and his family residing in their
locality.

While this may be so, actual and physical (presence) is not in


Domino vs. COMELEC itself sufficient to show that from said date he had
transferred his residence in that place. To establish a new
Facts: Petitioner Domino filed his certificate of candidacy for
domicile of choice, personal presence in the place must be
the position of Representative in Sarangani indicating that he
coupled with conduct indicative of that intention. While
had resided in the constituency for one (1) year and two (2)
"residence" simply requires bodily presence in a given place,
months immediately preceding the 1991 election.
"domicile" requires not only such bodily presence in that
Private respondents, however, filed with the Comelec a to place but also a declared and probable intent to make it one’s
cancel the certificate of candidacy because he is neither a fixed and permanent place of abode, one's home.
resident nor a registered voter of the province of Sarangani.
DOM: To establish domicile, actual/physical presence
The Comelec disqualified Domino as candidate for the
must be coupled with intention to acquire domicile; Also,
position and ordered the cancellation of his certificate of
“domicile” is a term broader than “residence,” since the
candidacy.
latter only requires actual/physical presence.

Issue: WON DOMINO was a resident of Sarangani for at least


Lease Contract not indicative of abandonment of one’s
one year immediately preceding the 1991 election?
original domicile

The lease contract entered into in 1997, does not adequately


Ruling: No. support a change of domicile. The lease contract may be
indicative of DOMINO's intention to reside in Sarangani but it
Preamble: In Election Law, the term "residence," means the does not prove abandonment of one's original domicile.
same thing as "domicile.” Therefore, when respondents
questioned the residency requirement of Domino, they were
actually questioning his domicile requirement.
Being a voter of QC shows Domino’s lack of intention to purposes of the Constitution and the law, he is a resident of
abandon his residence in QC Cagayan de Oro City and eligible to run for mayor thereof

While voting is not conclusive of residence, it does give rise to Thus, for all intents and purposes of the Constitution and the
a strong presumption of residence especially in this case law, private respondent is a resident of Cagayan de Oro City
where DOMINO registered in his former barangay. The fact and eligible to run for mayor because he was actually residing
that a party continuously voted in a particular locality is a in Cagayan de Oro City while he was discharging his duties as
strong factor in assisting to determine the status of his Governor of Misamis Oriental.
domicile.

Torayno vs. COMELEC


Laws governing Election Contests are liberally construed to
Facts: During the 1995 elections, Emano ran for, was elected, favor Popular Mandate
and proclaimed provincial governor of Misamis Oriental. It
There is no question that private respondent was the
was his third consecutive term as governor of the province. In
overwhelming choice of the people of Cagayan de Oro City.
his Certificate of Candidacy, his residence was declared to be
He won by a margin of about 30,000 votes. Thus, we find it
in Tagoloan, Misamis Oriental.
apt to reiterate the principle that the manifest will of the
In 1997, while still the governor of Misamis Oriental, Emano people as expressed through the ballot must be given fullest
executed a Voter Registration Record in Cagayan de Oro City effect. In case of doubt, political laws must be interpreted to
(geographically located in the Province of Misamis Oriental), give life and spirit to the popular mandate.
in which he claimed 20 years of residence. In 1998, he filed
In Frivaldo vs. Comelec:
his Certificate of Candidacy for mayor of Cagayan de Oro City,
stating therein that he resided there for two years and five “To successfully challenge a winning candidate's
months. qualifications, the petitioner must clearly demonstrate
that the ineligibility is so patently antagonistic to
Petitioners Torayno Sr., et al, sought the disqualification of
constitutional and legal principles that overriding such
Emano as mayoral candidate, on the ground that he had
ineligibility and thereby giving effect to the apparent will
allegedly failed to meet the one-year residence requirement.
of the people would ultimately create greater prejudice
to the very democratic institutions and juristic traditions
that our Constitution and laws so zealously protect and
Issue: WON respondent Emano's acquired a bona fide
promote.”
domicile of choice for at least one (1) year in Cagayan de Oro
City prior to 1998 elections Election cases involve public interest; thus, laws governing
election contests must be liberally construed to the end that
the will of the people in the choice of public officials may not
Ruling: Yes. be defeated by mere technical objections.

Respondent Emano had been residing in CDO since 1973

Undeniably, Cagayan de Oro City was once an integral part of Residency Rationale
Misamis Oriental and remains a geographical part of the
The Constitution and the law requires residence as a
province. Not only is it at the center of the province; more
qualification for seeking and holding elective public office, in
importantly, it is itself the seat of the provincial government.
order to give candidates the opportunity to be familiar with
As a consequence, the provincial officials who carry out their
the needs, difficulties, aspirations, potentials for growth and
functions in the city cannot avoid residing therein; much less,
all matters vital to the welfare of their constituencies;
getting acquainted with its concerns and interests. Emano,
likewise, it enables the electorate to evaluate the seekers'
having been the governor of Misamis Oriental for three terms
qualifications and fitness for the job they aspire for.
and consequently residing in Cagayan de Oro City within that
period, could not be said to be a stranger or newcomer to the
city in the last year of his third term, when he decided to
ESTRADA v. DESIERTO (3 topics)
adopt it as his permanent place of residence. Private
respondent was actually and physically residing in Cagayan de FACTS: From the beginning of his term, petitioner was
Oro City while discharging his duties as governor of Misamis plagued by a plethora of problems that slowly but surely
Oriental. He owned a house in the city and resided there eroded his popularity. His sharp descent from power started
together with his family. He even paid his 1998 community on October 4, 2000. Governor Chavit Singson went on air and
tax and registered as a voter therein. To all intents and
accused the petitioner, his family and friends of receiving ISSUE: whether petitioner Estrada is a President on
millions of pesos from jueteng lords. leave while respondent Arroyo is an Acting
President.
The exposé immediately ignited reactions of rage. The next
day, Senator Teofisto Guingona, Jr., then the Senate Minority RULING:
Leader, took the floor and delivered a fiery privilege speech
RESIGNATION of the PRESIDENT
accusing the petitioner of receiving some P220 million
in jueteng money from Governor Singson from November The issue brings under the microscope the meaning of section
1998 to August 2000. 8, Article VII of the Constitution which provides:

The House Committee on Public Order and Security, decided "SECTION 8. In case of death, permanent
to investigate the exposé of Governor Singson. On the other disability, removal from office or
hand, Representatives Heherson Alvarez, Ernesto Herrera and resignation of the President, the Vice
Michael Defensor spearheaded the move to impeach the President shall become the President to
petitioner. serve the unexpired term. In case of
death, permanent disability, removal
On November 20, the Senate formally opened the from office, or resignation of both the
impeachment trial of the petitioner. 21 senators took their President and Vice President, the
oath as judges with Supreme Court Chief Justice Hilario G. President of the Senate or, in case of his
Davide, Jr., presiding. inability, the Speaker of the House of
Then came the fateful day of January 16, when by a vote of Representatives, shall then act as
President until the President or Vice
11-10 the senator-judges ruled against the opening of the
President shall have been elected and
second envelope which allegedly contained evidence showing
qualified.
that petitioner held P3.3 billion in a secret bank account
under the name "Jose Velarde." The public and private xxx xxx xxx."
prosecutors walked out in protest of the ruling. In disgust,
Senator Pimentel resigned as Senate President. The ruling The issue then is whether the petitioner resigned as President
made at 10:00 p.m. was met by a spontaneous outburst of or should be considered resigned as of January 20, 2001
anger that hit the streets of the metropolis. By midnight, when respondent took her oath as the 14th President of the
thousands had assembled at the EDSA Shrine and speeches Republic. Resignation is not a high level legal abstraction. It is
full of sulphur were delivered against the petitioner and the a factual question and its elements are beyond quibble: there
11 senators. must be an intent to resign and the intent must be coupled
by acts of relinquishment. The validity of a resignation is not
On January 19, the petitioner informed Executive Secretary governed by any formal requirement as to form. It can be
Edgardo Angara that General Angelo Reyes, Chief of Staff of oral. It can be written. It can be express. It can be implied. As
the Armed Forces of the Philippines, had defected. long as the resignation is clear, it must be given legal effect.
January 20 turned to be the day of surrender. At 12:20 a.m., Using this totality test, we hold that petitioner resigned as
the first round of negotiations for the peaceful and orderly President.
transfer of power started at Malacañang's Mabini Hall, Office
of the Executive Secretary. The negotiations consumed all In sum, we hold that the resignation of the petitioner cannot
morning until the news broke out that Chief Justice Davide be doubted. It was confirmed by his leaving Malacañang. In
would administer the oath to respondent Arroyo at high noon the press release containing his final statement, (1) he
at the EDSA Shrine. acknowledged the oath-taking of the respondent as
President of the Republic albeit with reservation about its
At about 12:00 noon Chief Justice Davide administered the legality; (2) he emphasized he was leaving the Palace, the
oath to respondent Arroyo as President of the Philippines. At seat of the presidency, for the sake of peace and in order to
2:30 p.m., petitioner and his family hurriedly left Malacañang begin the healing process of our nation. He did not say he was
Palace. leaving the Palace due to any kind of inability and that he was
Thru another counsel, petitioner, on February 6, filed for Quo going to re-assume the presidency as soon as the disability
disappears; (3) he expressed his gratitude to the people for
Warranto. He prayed for judgment "confirming petitioner to
the opportunity to serve them. Without doubt, he was
be the lawful and incumbent President of the Republic of the
Philippines temporarily unable to discharge the duties of his referring to the past opportunity given him to serve the
people as President; (4) he assured that he will not shirk from
office, and declaring respondent to have taken her oath as
any future challenge that may come ahead in the same
and to be holding the Office of the President, only in an
service of our country. Petitioner's reference is to a future
acting capacity pursuant to the provisions of the
Constitution." challenge after occupying the office of the president which he
has given up, and (5) he called on this supporters to join him
in the promotion of a constructive national spirit of
reconciliation and solidarity. Certainly, the national spirit of
reconciliation and solidarity could not be attained if he did not FACTS: Shortly after her succession to the Presidency in
give up the presidency. The press release was petitioner's January 2001, President Gloria Macapagal-Arroyo nominated
valedictory, his final act of farewell. His presidency is now in then Senator Teofisto T. Guingona, Jr as Vice-President.
the past tense. Congress confirmed the nomination of Senator Guingona who
took his oath as Vice-President.
DISABILITY of the PRESIDENT
Following Senator Guingona's confirmation, the Senate
Petitioner postulates that respondent Arroyo as Vice passed Resolution No. 84 certifying to the existence of a
President has no power to adjudge the inability of the vacancy in the Senate. Resolution No. 84 called on COMELEC
petitioner to discharge the powers and duties of the to fill the vacancy through a special election to be held
presidency. His significant submittal is that "Congress has the simultaneously with the regular elections on 14 May
ultimate authority under the Constitution to determine 2001. Twelve Senators, with a 6-year term each, were due to
whether the President is incapable of performing his be elected in that election. Resolution No. 84 further
functions in the manner provided for in section 11 of Article provided that the "Senatorial candidate garnering the 13th
VII." This contention is the centerpiece of petitioner's highest number of votes shall serve only for the unexpired
stance that he is a President on leave and respondent Arroyo term of former Senator Teofisto T. Guingona, Jr.," which ends
is only an Acting President. on 30 June 2004.
What leaps to the eye from these irrefutable facts is that both COMELEC issued Resolution No. 01-005 provisionally
houses of Congress have recognized respondent Arroyo as proclaiming 13 candidates as the elected
the President. Implicitly clear in that recognition is the Senators. Respondents Ralph Recto and Gregorio Honasan
premise that the inability of petitioner Estrada is no longer ranked 12th and 13th, respectively.
temporary. Congress has clearly rejected petitioner's claim of
inability. On 20 June 2001, petitioners as voters and taxpayers, filed
the instant petition for prohibition. Petitioners contend that
The question is whether this Court has jurisdiction to review COMELEC’s provisional proclamation is without jurisdiction
the claim of temporary inability of petitioner Estrada and because it failed to notify the electorate of the position to be
thereafter revise the decision of both Houses of filled in the special election as required under Section 2
Congress recognizing respondent Arroyo as President of the of R.A. No. 6645 and it failed to specify in the Voters
Philippines. Following Tañada v. Cuenco, we hold that this Information Sheet the candidates seeking election under the
Court cannot "exercise its judicial power for this is an issue special or regular senatorial elections.
"in regard to which full discretionary authority has been
delegated to the Legislative . . . branch of the government." ISSUE: Whether a special election to fill a vacant three-year
Clearly, the Court cannot pass upon petitioner's claim of term Senate seat was validly held on 14 May 2001.
inability to discharge the powers and duties of the
presidency. The question is political in nature and addressed RULING: YES!
solely to Congress by constitutional fiat. It is a political issue Under Section 9, Article VI of the Constitution, a special
which cannot be decided by this Court without transgressing election may be called to fill any vacancy in the Senate and
the principle of separation of powers. the House of Representatives "in the manner prescribed by
law”.
In fine, even if the petitioner can prove that he did not resign,
still, he cannot successfully claim that he is a President on The calling of an election, that is, the giving notice of the time
leave on the ground that he is merely unable to govern and place of its occurrence, whether made by the legislature
temporarily. That claim has been laid to rest by Congress and directly or by the body with the duty to give such call, is
the decision that respondent Arroyo is the de jure President indispensable to the election's validity. In a general election,
made by a co-equal branch of government cannot be where the law fixes the date of the election, the election is
reviewed by this Court. valid without any call by the body charged to administer the
election.
VACANCY in the OFFICE OF THE VICE PRESIDENT, HOW
FILLED In a special election to fill a vacancy, the rule is that a statute
that expressly provides that an election to fill a vacancy shall
On February 6, respondent Arroyo nominated Senator
be held at the next general elections fixes the date at which
Teofisto Guingona, Jr., as her VP. The next day, February 7, the special election is to be held and operates as the call for
the Senate adopted Resolution No. 82 confirming the that election. Consequently, an election held at the time thus
nomination of Senator Guingona, Jr. The House of prescribed is not invalidated by the fact that the body
Representatives also approved Senator Guingona's charged by law with the duty of calling the election failed to
nomination in Resolution No. 178. Senator Guingona, Jr. took do so. This is because the right and duty to hold the election
emanate from the statute and not from any call for the
his oath as Vice President two (2) days later.
election by some authority and the law thus charges voters
with knowledge of the time and place of the election.
TOLENTINO v. COMELEC
In the instant case, Section 2 of R.A. No. 6645 itself provides and Local Elections shall undergo mandatory drug test in
that in case of vacancy in the Senate, the special election to government forensic laboratories or any drug testing
fill such vacancy shall be held simultaneously with the next laboratories monitored and accredited by the Department of
succeeding regular election. Accordingly, the special election Health. Xxx
to fill the vacancy in the Senate arising from Senator
Guingona's appointment as Vice-President in February 2001 SEC. 5. Effect of failure to undergo mandatory drug test and
could not be held at any other time but must be held file drug test certificate. - No person elected to any public
simultaneously with the next succeeding regular elections on office shall enter upon the duties of his office until he has
14 May 2001. The law charges the voters with knowledge of undergone mandatory drug test and filed with the offices
this statutory notice and COMELEC's failure to give the enumerated under Section 2 hereof the drug test certificate
additional notice did not negate the calling of such special herein required.”
election, much less invalidate it.
Petitioner Aquilino Q. Pimentel, Jr., a senator of the Republic
Petitioners have neither claimed nor proved that COMELEC's and a candidate for re - election in the May 10, 2004
failure to give this required notice misled a sufficient number elections,1 filed a Petition for Certiorari and Prohibition
of voters as would change the result of the special senatorial under Rule 65. In it, he seeks (1) to nullify Sec. 36(g) of RA
election or led them to believe that there was no such special 9165 and COMELEC Resolution No. 6486. He invoked the
election. provisions of the Constitution:
More than 10 million voters cast their votes in favor of
Honasan. We simply cannot disenfranchise those who voted Sec. 3, Article VI of the Constitution, which states:
for Honasan, in the absence of proof that COMELEC's
SECTION 3. No person shall be a Senator unless he is a natural
omission prejudiced voters in the exercise of their right of
suffrage so as to negate the holding of the special election. - born citizen of the Philippines, and, on the day of the
election, is at least thirty - five years of age, able to read and
Evidently, COMELEC, in the exercise of its discretion to use write, a registered voter, and a resident of the Philippines for
means and methods to conduct the special election within not less than two years immediately preceding the day of the
the confines of R.A. No. 6645, merely chose to adopt the election.
According to Pimentel, the Constitution only prescribes a
Senate's proposal, as embodied in Resolution No. 84. This
maximum of five (5) qualifications for one to be a candidate
Court has consistently acknowledged and affirmed for, elected to, and be a member of the Senate. He says that
COMELEC's wide latitude of discretion in adopting means to both the Congress and COMELEC, by requiring, via RA 9165
carry out its mandate of ensuring free, orderly, and honest and Resolution No. 6486, a senatorial aspirant, among other
elections subject only to the limitation that the means so candidates, to undergo a mandatory drug test, create an
adopted are not illegal or do not constitute grave abuse of additional qualification that all candidates for senator must
discretion. first be certified as drug free. He adds that there is no
provision in the Constitution authorizing the Congress or
PIMENTEL VS COMELEC COMELEC to expand the qualification requirements of
candidates for senator.
CAVEAT: (Three consolidated cases ni siya: SJS vs PDEA,
Laserna vs PDEA and Pimentel vs Comelec – Pimentel lang ta ISSUE: Do Sec. 36(g) of RA 9165 and COMELEC Resolution No.
focus kay didto ang about sa senatorial qualifications. Ang 6486 impose an additional qualification for candidates for
two other cases were about if pwede i-drug test ang students senator? Corollarily, can Congress enact a law prescribing
and ang private ug public officials.) qualifications for candidates for senator in addition to those
FACTS: On December 23, 2003, the Commission on Elections laid down by the Constitution?
(COMELEC) issued Resolution No. 6486, prescribing the rules
and regulations on the mandatory drug testing of candidates RULING: The provisions are unconstitutional. Hence, SC said
for public office in connection with the May 10, 2004 that:
synchronized national and local elections. The pertinent Pimentel's contention is well - taken. Accordingly, Sec. 36(g)
portions of the said resolution read as follows: of RA 9165 should be, as it is hereby declared as,
Section 36 (g) of Republic Act No. 9165 provides: unconstitutional. It is basic that if a law or an administrative
“SEC. 36. Authorized Drug Testing. - x x x rule violates any norm of the Constitution, that issuance is
xxxx null and void and has no effect. The Constitution is the basic
(g) All candidates for public office x x x both in the national or law to which all laws must conform; no act shall be valid if it
local government shall undergo a mandatory drug test.” conflicts with the Constitution.8 In the discharge of their
defined functions, the three departments of government
Also, the COMELEC Resolution provides: have no choice but to yield obedience to the commands of
“SECTION 1. Coverage. - All candidates for public office, both the Constitution. Whatever limits it imposes must be
national and local, in the May 10, 2004 Synchronized National observed.9
Congress' inherent legislative powers, broad as they may be,
are subject to certain limitations. As early as 1927, in On July 6, 1998, PAG-ASA Party (People's Progressive Alliance
Government v. Springer, the Court has defined, in the for Peace and Good Government Towards Alleviation of
abstract, the limits on legislative power in the following wise: Poverty and Social Advancement) filed with the Comelec a
“Someone has said that the powers of the legislative "Petition to Proclaim the Full Number of Party-List
department of the Government, like the boundaries of the Representatives provided by the Constitution."
ocean, are unlimited. Xxx However, the Constitution is the
shore of legislative authority against which the waves of It alleged that the filling up of the twenty percent
legislative enactment may dash, but over which it cannot membership of party-list representatives in the House of
leap.10” Representatives, as provided under the Constitution, was
mandatory. It further claimed that the literal application of
In the same vein, the COMELEC cannot, in the guise of the two percent vote requirement and the three-seat limit
enforcing and administering election laws or promulgating under RA 7941 would defeat this constitutional provision, for
rules and regulations to implement Sec. 36(g), validly impose only 25 nominees would be declared winners, short of the 52
qualifications on candidates for senator in addition to what party-list representatives who should actually sit in the
the Constitution prescribes. If Congress cannot require a House. Thereafter, other party list organizations also filed
candidate for senator to meet such additional qualification, their respective motions to intervene in the case.
the COMELEC, to be sure, is also without such power. The
right of a citizen in the democratic process of election COMELEC 2ND Division, via Resolution, granted PAG-ASA’s
should not be defeated by unwarranted impositions of petition. It also ordered the proclamation of herein 38
requirement not otherwise specified in the Constitution.13 respondents who, in addition to the 14 already sitting, would
thus total 52 party-list representatives. It held that "at all
Sec. 36(g) of RA 9165, as sought to be implemented by the times, the total number of congressional seats must be filled
assailed COMELEC resolution, effectively enlarges the up by eighty (80%) percent district representatives and
qualification requirements enumerated in the Sec. 3, Art. VI twenty (20%) percent party-list representatives." In allocating
of the Constitution. Viewed, therefore, in its proper context, the 52 seats, it disregarded the two percent-vote
Sec. 36(g) of RA 9165 and the implementing COMELEC requirement prescribed under Section 11 (b) of RA 7941.
Resolution add another qualification layer to what the 1987 COMELEC En banc affirmed such ruling via another
Constitution, at the minimum, requires for membership in resolution.
the Senate. Whether or not the drug - free bar set up under
the challenged provision is to be hurdled before or after The twelve (12) parties and organizations, which had earlier
election is really of no moment, as getting elected would be been proclaimed winners on the basis of having obtained at
of little value if one cannot assume office for non - least two percent of the votes cast for the party-list system,
compliance with the drug - testing requirement. objected to the proclamation of the 38 parties and assailed
the two resolutions.
BONUS – NOT ABOUT SENATORIAL QUALIFICATIONS:
As to drug test sa students: justifiable ra because of the ISSUES:
safety and interest of the student population 1. Is the twenty percent allocation for party-list
representatives mentioned in Section 5 (2), Article VI of the
As to drug test sa public and private officials: petitioners tried Constitution, mandatory or is it merely a ceiling? NO.
to invoke the right to privacy, but failed to prove it sa court. 2. Are the two percent threshold requirement and the three-
The drug test was considered justifiable for private officials seat limit provided in Section 11 (b) of RA 7941
because there is “reduced expectation of privacy in the work constitutional? YES.
office”. It was considered justifiable pud for public officials 3. If the answer to Issue 2 is in the affirmative, how should
due to “high requirement of ethics in the public service”. the additional seats of a qualified party be determined?
RULING:
As to the drug test sa criminals: it was declared 1. No. The twenty per cent allocation in the house for party-
unconstitutional since the accused persons “are veritably list lawmakers is a mere ceiling and not mandatory. We rule
forced to incriminate themselves”. that a simple reading of Section 5, Article VI of the
Constitution, easily conveys the equally simple message that
Congress was vested with the broad power to define and
VETERANS FEDERATION PARTY VS COMELEC (3 consolidated prescribe the mechanics of the party-list system of
cases) representation. The Constitution explicitly sets down only the
percentage of the total membership in the House of
FACTS: May 11, 1998, the first election for party-list Representatives reserved for party-list representatives. And,
representation was held simultaneously with the national in the exercise of this constitutional prerogative, Congress
elections. COMELEC then proclaimed 14 party-list enacted RA 7941.
representatives from 13 parties.
2. Yes to both. TWO PERCENT THRESHOLD: In imposing a two Fourth, proportional representation — the additional seats
percent threshold, Congress wanted to ensure that only which a qualified party is entitled to shall be computed "in
those parties, organizations and coalitions having a sufficient proportion to their total number of votes."
number of constituents deserving of representation are
LIST OF FORMULAS (WARNING: SC REVISITED THIS
actually represented in Congress. This intent can be gleaned
FORMULA IN BANAT VS COMELEC):
from the deliberations on the proposed bill. . . The two
percent threshold is consistent not only with the intent of the
framers of the Constitution and the law, but with the very
essence of "representation”. But to have meaningful
representation, the elected persons must have the mandate
of a sufficient number of people.
THREE-SEAT LIMIT: An important consideration in adopting
the party-list system is to promote and encourage a
multiparty system of representation ...Consistent with the
Constitutional Commission's pronouncements, Congress set
the seat-limit to three (3) for each qualified party,
organization or coalition. "Qualified" means having hurdled
the two percent vote threshold. Such three-seat limit ensures
the entry of various interest-representations into the
legislature; thus, no single group, no matter how large its
membership, would dominate the party-list seats, if not the
entire House.
3. How the additional seats of a qualified party be
determined:
1. Rank all the parties according to the votes each BAYAN MUNA V COMELEC (APRIL 21, 2009) EN BANC
obtained DECISION

2. Compute the ratio for each party by dividing its FACTS:


votes by the total votes cast for the party-list BANAT (GR 179271) - filed a Petition to Proclaim the
3. All those who garnered at least 2% shall have a Full Number of Party-List Representatives Provided by the
guaranteed seat. Only these parties shall be Constitution before the National Board of Canvassers (NBC).
considered in the computation of additional seats The reason for filing is the implementation of the Veterans
Federation Party v Comelec ruling using the Panganiban
4. The party having the highest number of votes is formula in allocating party-list seats.
referred to as the “first party”
5. Determine the number of seats the first party is Comelec, as the NBC, proclaimed 13 parties as
entitled to, in order to be able to compute that for winners. Then in allocating the additional seats, it reiterated
the other parties. (4% - additional 1; -6% - additional its ruling in Veterans Federation Party v Comelec.
2)
For those obtaining 2% above – Guaranteed 1 seat
6. The number of seats allotted to the other parties
cannot possibly exceed that to which the first party
Formula in Veterans for additional seats for the
is entitled to.
“FIRST PARTY”: (BUHAY ang number 1 nga party-list)
SUMMARY OF THE FOUR PARAMETERS OF THE PARTY-LIST Number of Votes Proportion of votes of
SYSTEM ACCORDING TO SC: first
First, the twenty percent allocation — the combined number Of first party party relative to total
of all party-list congressmen shall not exceed twenty percent -------------- = votes for party-list
of the total membership of the House of Representatives, system
including those elected under the party list. Total votes for
Party-list system
Second, the two percent threshold — only those parties
garnering a minimum of two percent of the total valid votes The resulting Proportion of Votes received by the
cast for the party-list system are "qualified" to have a seat in first party (w/o rounding off) shall entitle it to additional
the House of Representatives; seats:
Third, the three-seat limit — each qualified party, regardless
of the number of votes it actually obtained, is entitled to a If Equal to or at least 6% = 2 additional seats
maximum of three seats; that is, one "qualifying" and two Equal to or greater than 4% but less than 6% = 1
additional seats. additional
Less than 4% = no additional 3) each qualified party is entitled to a maximum of 3
seats (one qualifying seat) ( 2 additional seats)
Formula for Additional seats for the OTHER
QUALIFIED PARTIES in the Veteran’s ruling:
4) additional seats shall be in proportion to the party-
No. of Votes of list’s total number of votes
Concerned Party No. of additional
Additional
------------- x seats allocated to = seats Sec. 5 Art V - Composition of House of Rep:
for a ➢ 250 members elected from
No. of Votes of first party o Legislative districts apportioned among the
concerned provinces, cities and the Metropolitan Manila
First Party party area

NBC nevertheless declared said petition of BANAT as moot o Party-list system of registered national, regional,
and academic and it implemented the Veteran’s formula. and sectoral parties or orgs.

BAYAN MUNA, ABONO, and A TEACHER (GR ➢ For the Party-list Representatives:
179295) – asked the Comelec acting as NBC should not use o Constitute 20% of the total number of
the Veteran’s formula as it violates the Constitution and RA representatives including those under the party
7941. This was nevertheless denied. list (This is also found in Sec 11 RA 7941)

ISSUES: o Term – 3 consecutive


1) Is the 20% allocation for party-list representatives in Sec.
5(2) Art. VI of the Consti mandatory or merely a ceiling? FOR COMPUTING THE NUMBER OF SEATS AVAILABLE TO
MERELY A CEILING PARTY-LIST REPRESENTATIVES FROM THE NUMBER OF
LEGISLATIVE DISTRICTS: (SC followed Veteran’s formula)
2) Is the 3-seat limit in Sec. 11(b) of RA 7941 constitutional?
YES Number of seats available
To legislative districts Number of seats
3) is the 2 % threshold prescribed in Sec. 11(b) of RA 7941 to - - - - - - - - - - - - - - - - - - - x .20 = available to PLR
qualify for one seat constitutional? CONSTITUTIONAL FOR .80
GUARANTEED SEAT, UNCONSTITUTIONAL FOR ADDITIONAL
SEATS 14th Congress of the Phil has 220 district reps. So substitute
lang, and you get 55 available seats.
4) How shall the party-list representative seats be allocated?
TAKE NOTE: There is no disagreement on the Computation of
5) can major political parties be barred from participating in the available seats as well as the formula to determine the
the party-list elections? YES guaranteed seats to party-list candidates garnering at least
2% of the total PL votes.

The problem here is THE ALLOCATION OF ADDITIONAL SEATS


USING THE VETERAN’S FORMULA.
RULING:
INTERPRETATIONS OF BANAT:
ST
PARTY-LIST SEATS (1 TOPIC) Deviating from the Veteran’s formula, BANAT presents 2
interpretations:
4 INVIOLABLE PARAMETERS OF THE PHILIPPINE PARTY-LIST
ELECTION: 1st (44 seats will be awarded)
1) combined number of all party-list congressmen shall 1.a) composition of PL is 20% x x x
not exceed 20% of the total membership of the 1.b) 1 seat for every 2% of the total PL votes; then not more
House of Rep, including those elected under the than 3 seats
party list 1.c) the remaining seats shall be proportionately allocated to
the PL candidates who have not secured the max 3 seats
2) only those garnering a minimum of 2% of the total under the 2% threshold, after deducting the seats obtained
valid votes cast for the party-list system are qualified by the PL groups and after deducting from their total the
to have a seat votes corresponding to those seats

2nd (34 seats will be awarded)


Take note: It is assumed in this interpretation that the 2%
threshold will be declared unconstitutional o The whole integer of the product corresponds
to a party’s share in the remaining available
2.a) tally all the votes on a nationwide basis seats.
2.b) rank them
2.c) allocate PL reps proportionately according to the ➢ Assign one party-list seat to each of the parties next in
percentage of votes obtained by each candidate as against rank until all available seats are completely distributed.
the total nationwide votes cast for the PL system

ARGUMENT OF BAYAN MUNA, ABONO, and A TEACHER: CAN MAJOR POLITICAL PARTIES PARTICIPATE? - YES
They criticize that the 2-4-6 formula and the
Veteran’s formula make it impossible to fill all the PL seats. The Constitutional Commission adopted a multi-
Both formulas do not factor in the total number of seats. party system that allowed all political parties to participate in
They reject the 3 seat cap, but accept the 2% threshold. the party-list
elections. Neither the Constitution nor R.A. No. 7941
prohibits major political parties from participating in the
SC SAYS: party-list system. On the contrary, the framers of the
There is no problem with the 2% threshold to be Constitution clearly intended the major political parties to
guaranteed 1 seat. However, the Veteran’s formula participate in party-list elections through their sectoral
erroneously interprets the clause in Sec 11(b) of RA 7941 “in wings.
proportion to their total number of votes” to be in
proportion to the votes of the first party. This is contrary to QUALIFICATIONS OF PARTY-LIST NOMINEES (2ND TOPIC)
the language of RA 7941. 1) natural born citizen of the Phil
2) registered voter
Pursuant to this, the 2% threshold for allocating the 3) resident of the Phil for a period of not less than 1 year
ADDITIONAL SEATS is declared UNCONSTITUTIONAL because immediately preceding the day of the elections
it would mathematically and physically prevent the filling up 4) able to read and write
of the available PL seats. (2% applies lang sa guaranteed 5) bona fide member of the party or organization which he
seats) seeks to represent for at least 90 days preceding the day of
the election
THE PROCEDURE TO BE OBSERVED NOW: 6) at least 25 years of age on the day of election

1. rank the PL candidates from the highest to the lowest ➢ FOR A NOMIBEE OF THE YOUTH SECTOR
o Must at least be 25 but not more than 30 years
2. those receiving at least 2%, guaranteed 1 seat (1st ROUND of age on the day of the election
OF SEAT ALLOCATION) o It attains 30 years of age during his term,
continue until the expiration of his term
➢ Votes obtained / Total Votes Cast in PL = percentage
TAKE NOTE: not necessary that the party-list organization's
3. those qualified shall be entitled to additional seats in nominee "wallow in poverty, destitution and infirmity" as
proportion to their total number of votes until all the there is no financial status required in the law. It is enough
additional seats are allocated (2nd to 3rd ROUND DEPENDING that the nominee of the sectoral party/organization/coalition
ON THE AVAILABLE SEATS LESS GUARANTEED SEATS) belongs to the marginalized and underrepresented sectors,
that is, if the nominee represents the fisherfolk, he or she
4. not more than 3 seats must be a fisherfolk, or if the nominee represents the senior
citizens, he or she must be a senior citizen.
AND FOR COMPUTING THE ADDITIONAL SEATS:
(2nd round) PARTIALLY GRANTED.

Take Note: the GUARANTEED SEATS FOR 2% THRESHOLD is Diba major political parties can participate, but by virtue of 8-
NO LONGER included because they have already been 7 vote, ruling in Veterans with respect to non-participation of
allocated. So ang additional seats refer to the MAXIMUM said parties is upheld.
SEATS RESERVED LESS THE GUARANTEED SEATS
2% threshold in distributing additional seats is
➢ Percentage x Remaining Available seats (in this case, 38 unconstitutional
coz there are 55 max seats then in the 1st round, 17 seats
were allocated – if ganahan mo mu.view sa table, aron Veteran’s formula for additional seats is not controlling.
mas maka.visualize, refer lang sa case)
BAYAN MUNA V COMELEC (JULY 8 2009) EN BANC ➢ This means that there is no need for the legislature to
RESOLUTION create an additional party-list seat whenever four
additional legislative districts (four is entitled to 1 rep)
are created by law.
The House of Rep filed a motion for clarification for the
following issues: ➢ Moreover, the actual count of legislative districts in the
2007 election was not 220 but 219, following the
1) There are only 219 legislative districts and not 220. declaration that rendered void the creation of the
Accordingly, the allotted seats for party-list representation Province of Sharif Kabunsuan, thus only 54 seats were
should only be 54 and not 55. The House of Representatives available, not 55.
seeks clarification on which of the party-list representatives
shall be admitted to the Roll of Members considering that the ➢ The filling-up of all available party-list seats is not
Court declared as winners 55 party-list representatives. mandatory. Actual occupancy of the party-list seats
depends on the number of participants in the party-list
2) The House of Representatives wishes to be guided on election
whether it should enroll in its Roll of Members the 32 named
party-list representatives enumerated in Table 3 or only such 3) The 2% threshold is constitutional with respect to the
number of representatives that would complete the 250 allocation of the guaranteed seats (1st round)
member maximum prescribed by Article VI, Sec. 5(1) of the
Constitution. In the event that it is ordered to admit all 32, ➢ In the second round allocation of additional seats, there
will this act not violate the above-cited Constitutional is no minimum vote requirement to obtain a party-list
provision considering that the total members would now rise seat because the Court has struck down the application
to 270. of the 2% threshold in the allocation of additional seats.

3) The Court declared as unconstitutional the 2% threshold ➢ However, a party-list organization has to obtain a
only in relation to the distribution of additional seats as found sufficient number of votes to gain a seat in the second
in the second clause of Section 11(b) of R.A. No. 7941. Yet, it round of seat allocation. What is deemed a sufficient
distributed first seats to party-list groups which did not attain number of votes is dependent upon the circumstances of
the minimum number of votes that will entitle them to one each election
seat. Clarification is, therefore, sought whether the term
"additional seats" refer to 2nd and 3rd seats only or all ➢ In the second step of the second round of seat allocation,
remaining available seats. Corollary thereto, the House of the preference in the distribution of seats should be in
Representatives wishes to be clarified whether there is no accordance with the higher percentage and higher rank,
more minimum vote requirement to qualify as a party-list without limiting the distribution to parties receiving two-
representative. percent of the votes. 6 To limit the distribution of seats
to the two-percenters would mathematically prevent the
4) For the guidance of the House of Representatives, filling up of all the available party-list seats
clarification is sought as to whether the principle laid down in
Veterans that "the filling up of the allowable seats for party- 4) In response to Roa-Borje’s (lain nga intervenor ni sya)
list representatives is not mandatory," has been abandoned. position claiming the perceived need for ABSOLUTE
proportionality in the allocation of PL seats. . .
CLARIFICATIONS MADE BY THE SC:
➢ the 1987 Constitution DOES NOT require absolute
1) It is provided under Sec 5 (1) Art VI of the 1987 Consti proportionality in the allocation of party-list seats
that the max number of members of the House of Rep
shall be at 250. Nevertheless, an increase in the number ➢ Section 5 (1) of Article VI requires that legislative districts
of members is allowed which is clear from the phrase shall be apportioned according to proportional
“unless otherwise provided by law”. representation. However, this principle of proportional
representation applies only to legislative districts, not to
➢ Increase may be done by the legislature through the party-list system. The allocation of seats under the
Piecemeal legislation or by enactment of a law party-list system is governed by the last phrase of
authorizing a general increase. Section 5 (1), which states that the party-list
representatives shall be "those who, as provided by law,
2) The formula to determine the number of seats available shall be elected through a party-list system," giving the
for party list allows a corresponding increase in the number Legislature wide discretion in formulating the allocation
of seats available whenever a legislative district is created of party-list seats.
by law.
5) Again, nag provide nasad ug FOUR PARAMETERS IN A PHIL consecutive term rule because it took effect by operation of
STYLE PL ELECTION SYSTEM: law. Therefore, in effect respondent is still eligible to run for
one more term.
1. 20% of the total number of the House of Rep
membership is the maximum number of seats *mao ni ruling sa SC:
available to party-list organizations, such that “To recapitulate, the term limit for elective local officials
there is automatically one party-list seat for must be taken to refer to the right to be elected as well as
every four existing legislative districts. the right to serve in the same elective position.
Consequently, it is not enough that an individual has served
2. Garnering 2 % of the total votes means 1 three consecutive terms in an elective local office, he must
guaranteed seat in the 1st round of allocation also have been elected to the same position for the same
number of times before the disqualification can apply”
3. Additional seats, total seats less guaranteed
seats, shall be distributed even to those
receiving less than 2% for the 2nd round.
Otherwise, it would be mathematically Montebon vs Comelec, GR No. 180444
impossible if the 2% threshold would still be Facts: Petitioners, who were candidates for municipal
observed in allocating the additional seats. councilor sought the disqualification of respondent in the
election who was also running for a position in the municipal
4. 3 seat cap is constitutional. This is intended to council during the 2007 elections. Respondent has already
prevent any party from dominating the party-list been elected as municipal councilor for three terms from
system. 1988 to 2007. But during the term of 2001-2004, he
succeeded as Vice Mayor upon the retirement of the
TOPIC: Succesion, Effect on term continuity incumbent vice mayor.

Borja vs Comelec, GR No. 133495 Petitioners argued that respondent’s assumption as Vice
Mayor should not be considered as an interruption and that it
Facts: Respondent Capco was elected vice mayor for a term amounts to a voluntary renunciation. Respondent counters
ending in 1992. He succeeded as Mayor in 1989 upon the that his succession as Vice Mayor served as an interruption to
death of the Mayor. Thereafter, he ran and was elected as the three consecutive term rule and hence, he is not
Mayor for the next two succeeding terms ending in 1995 and disqualified.
1998 which in effect allowed him to serve 3 consecutive
terms as Mayor. Issue: WON there was interruption.

He ran again as Mayor during the 1998 elections, but this Held: Yes, there was an interruption because succession in
time, petitioner Borja, who was also running for the position the case of local government officials takes effect by
of Mayor, questioned his eligibility arguing that respondent operation of law and hence, is NOT a voluntary renunciation.
has already served three consecutive terms thereby What is considered under law as not interrupting the three
disqualifying him for the position of mayor. consecutive term rule is only voluntary renunciation which is
one where it takes effect through the conduct of the official
Eventually, respondent won in the elections and was and not by operation of law. Hence, respondent is still
proclaimed as the Mayor but petitioner appealed COMELEC’S qualified to run as municipal councilor.
decision in upholding respondent’s eligibility to run.
* SEC. 44. Permanent Vacancies in the Offices of the
Issue: WON respondent should be disqualified from running. Governor, Vice Governor, Mayor, and Vice Mayor. —
(a) If a permanent vacancy occurs in the office of the
Held: No, the court here delved into the debates and
governor or mayor, the vice governor or vice mayor
deliberations in the constitutional commissions wherein it
concerned shall become the governor or mayor. If a
was revealed that the three consecutive term limit rule
permanent vacancy occurs in the offices of the governor, vice
contemplates of a term wherein a candidate was elected in
governor, mayor or vice mayor, the highest ranking
that position. It does not include a term of office wherein an
sanggunian member or, in case of his permanent inability, the
official merely succeeded in the position of a higher official
second highest ranking sanggunian member, shall become
due to permanent vacancy unless there is an election held for
the governor, vice governor, mayor or vice mayor, as the case
such vacancy like in the case the house of representatives. In
may
other words, succession that occurs by operation of law is not
be. Subsequent vacancies in the said office shall be filled
included, while succession that occurs via special election is
automatically by the other sanggunian members according to
included in the consecutive term.
their ranking as defined herein. . .
Hence, the term of office during which respondent succeeded
as Mayor should not be included in the count of the three * Sec. 8. The term of office of elective local officials, except
barangay officials, which shall be determined by law shall be
three years and no such officials shall serve for more than Aldovino v. COMELEC
three consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an Facts: Respondent Asilo was elected as city councilor of
interruption in the continuity of his service for the full term Lucena for three consecutive terms (1998-2001, 2001-2004,
for which he was elected. & 2004-2007). During his second term, the Sandiganbayan
ordered for a 90 days preventive suspension by reason of a
Ruling SC: criminal case he was facing at that time. Subsequently, it was
“Voluntary renunciation of a term does not cancel the lifted and thus he was able to resume his office. During the
renounced term in the computation of the three term limit; 2007 election, he filed for his certificate of candidacy for the
conversely, involuntary severance from office for any length same position. This prompted the petitioners to file for a
of time short of the full term provided by law amounts to an disqualification case against him for violation of the three
interruption of continuity of service. term limit.
Thus, respondent's assumption of office as vice-mayor in Issue: WON the preventive suspension issue against the
January 2004 was an involuntary severance from his office respondent constituted as an interruption in view of the 3
as municipal councilor, resulting in an interruption in the term limit?
service of his 2001-2004 term.”
Ruling: Temporary inability or disqualification to exercise the
Montebon v. COMELEC functions of an elective post, even if involuntary, should not
be considered an effective interruption of a term because it
Facts: Petitioners Montebon and Ondy and respondent does not involve the loss of title to office or at least an
Potencioso Jr. were candidates for Municipal councilors in the effective break from holding office; the office holder, while
municipality of Tuburan, Cebu for the May 14, 2007 retaining title, is simply barred from exercising the functions
synchronized national and local elections. Petitioners filed a of his office for a reason provided by law.
disqualification case against Potencioso alleging that he had
already served for three consecutive terms as municipal What the law contemplates when it comes to
councilor 1998-2001, 2001-2004, & 2004-2007 thus he is interruption of office is that there is a loss of title to
proscribed from running again for the same position. the office. In this there was no actual loss of title to
Respondent contended that his second term (2001-2004) was hold office but merely the person is prevented in
interrupted when he succeeded the vice mayor due to exercising such function.
retirement thus he is not disqualified. Petitioners contended
that there was no interruption during the second term as (Additional just in case)
such was a voluntary renunciation.
Preventive suspension an interim remedial measure
Issue: WON respondent is disqualified from running for a 4th to address the situation of an official who have been
consecutive term? charged administratively or criminally, where the
Ruling: Succession in local government offices is by operation evidence preliminarily indicates the likelihood of or
of law. Sec. 44 of the LGC provides that if a permanent potential for eventual guilt or liability.
vacancy occurs in the office of the vice mayor, the highest It is given when the evidence of guilt is strong and given the
ranking sanggunian member shall become vice mayor. gravity of the offense charged. The purpose of which is to
prevent the public officer influence or pose a threat against
SEC. 44. Permanent Vacancies in the Offices of the Governor, to the witness or to the integrity of the record or witness.
Vice Governor, Mayor, and Vice Mayor.
A public officer under such is prevented from exercising the
(a) If a permanent vacancy occurs in the office of the functions of his office as well as from receiving salary
governor or mayor, the vice governor or vice mayor nonetheless, he does not lose title to hold office.
concerned shall become the governor or mayor. If a
permanent vacancy occurs in the offices of the governor, vice
governor, mayor or vice mayor, the highest ranking
sanggunian member or, in case of his permanent inability, the
second highest ranking sanggunian member, shall become
the governor, vice governor, mayor or vice mayor, as the case
may be.Subsequent vacancies in the said office shall be filled
automatically by the other sanggunian members according to
their ranking as defined herein

In this case respondent was the highest ranking sanggunian


member thus it is clear that there was no voluntary
renunciation of his office in his part since the interruption of
his service was made by operation of law.