G.R. No.

L-10520             February 28, 1957

LORENZO M. TAÑADA and DIOSDADO MACAPAGAL, petitioners,

vs.
MARIANO JESUS CUENCO, FRANCISCO A. DELGADO, ALFREDO CRUZ, CATALINA
CAYETANO, MANUEL SERAPIO, PLACIDO REYES, and FERNANDO HIPOLITO in his capacity
as cashier and disbursing officer, respondents.

1.Petitioner are member of the Senate of the Philippines, and President of the Citizens Party,
whereas petitioner Diosdado Macapagal, a member of the House of Representatives of the
Philippines, both loss on the senatorial election held 1955.

2. Subsequently, the elections of this Senators-elect-who eventually assumed their respective seats
in the Senate-was contested by petitioner Macapagal, together with Camilo Osias, Geronima
Pecson, Macario Peralta, Enrique Magalona, Pio Pedrosa and William Chiongbian-who had, also,
run for the Senate, in said election-in Senate Electoral Case No. 4, now pending before the Senate
Electoral Tribunal. .

3. The Senate, in its session of February 22, 1956, upon nomination of Senator Cipriano Primicias,-
Nacionalista Party,  chose Senators Jose P. Laurel, Fernando Lopez and Cipriano Primicias, as
members of the Senate Electoral Tribunal

4 Sen Primicias Nomintaed Petitioner Tanada and Sumulong but both of them objected on the
position to be member of SET, then choose respondents Senators Mariano J. Cuenco and
Francisco A. Delgado as members of the same Electoral Tribunal.

5.Chairman of the latter appointed: (1) Alfredo Cruz and Catalina Cayetano, as technical assistant
and private secretary, respectively, to Senator Cuenco, as supposed member of the Senate
Electoral Tribunal, upon his recommendation of said respondent; and (2) Manuel Serapio and
Placido Reyes, as technical assistant and private secretary, respectively to Senator Delgado, as
supposed member of said Electoral Tribunal, and upon his recommendation.

Soon, thereafter, Sen. Tañada and Cong. Diosdado Macapagal instituted the case at bar
against RESPONDENTs, Senators Cuenco and Delgado and other elected member of Electoral
tribunal, allege that 23 Senator from Nationalista Party and only 1 Citizen Party.

that Committee on rules of the Senate acted without power in Nominating respondents and other
member of Electoral Tribunal acted without power of color and upon assuming position in clear
violation of constitution on usurping.

and That RESPONDENTs, Senators Cuenco and Delgado, will act unfavorable on case Senate
Electoral Case No. 4

Respondent – said that appointment Sen Cuenco and Delgado and the rest of appointed staff
of SET is valid and legal. Also pointed that

a. Court has no jurisdiction on SET Appointment

b. Tanada has no cause of action since he object the nomination

Issue(s): Whether or not the issue is a political question.

Rulling- under the Constitution, "the legislative power" is vested exclusively in the Congress of the
Philippines. Yet, this does not detract from the power of the courts to pass upon the constitutionality
of acts of Congress 1 And, since judicial power includes the authority to inquire into the legality of
statutes enacted by the two Houses of Congress, and approved by the Executive, there can be no
reason why the validity of an act of one of said Houses, like that of any other branch of the
Government, may not be determined in the proper actions. Thus, in the exercise of the so-called
"judicial supremacy", this Court declared that a resolution of the defunct National Assembly could not
bar the exercise of the powers of the former Electoral Commission under the original Constitution.