G.R. No. 86344 December 21 1989
Facts:
The HoR proportionally apportioned its 12 seats in the CoA
among several political parties represented in that chamber in accordance with
Art. VI Sec 18. The Laban ng Demokratikong Pilipino was reorganized, resulting
in a political realignment in the HoR. 24 members of the Liberal Party joined
the LDP, reducing their former party to only 17 members.
On the basis of this development, the House of
Representatives revised its representation in the CoA by
withdrawing the seat occupied by Daza and giving this to the newly-formed LDP.
On December 5th, the chamber elected a new set of representatives
consisting of the original members except the petitioner and including therein
Luis C. Singson as the additional member from the LDP.
Daza came to the Supreme Court to challenge his removal from
the CoA and the assumption of his seat by the Singson.
Acting initially on his petition for prohibition and injunction with
preliminary injunction, SC issued a TRO that same day
to prevent both Daza and Singson from serving in the CoA.
Daza contented that he cannot be removed from the
CoA because his election thereto is permanent. He claimed that the reorganization of the House representation in the said body is not
based on a permanent political realignment because the LDP is not a duly
registered political party and has not yet attained political stability.
Issue: Whether or not the question raised by the Daza is
political in nature and is beyond the jurisdiction of the Supreme Court.
RULING:
No. The Court has the competence to act on the matter at
bar. The issue involved is not a discretionary act of the House of
Representatives that may not be reviewed by us because it is political in
nature. What is involved here is the legality, not the wisdom, of the act of that
chamber in removing the petitioner from the Commission on Appointments.
The term political question refers to those questions which,
under the Constitution, are to be decided by the people in their sovereign
capacity, or in regard to which full discretionary authority has been delegated
to the Legislature or executive branch of the Government. It is concerned with
issues dependent upon the wisdom, not legality, of a particular measure.
Even if we were to assume that the issue presented before us
was political in nature, we would still not be precluded from resolving it
under the expanded jurisdiction conferred upon us that now covers, in proper
cases, even the political question. Article VII, Section 1, of the Constitution
clearly provides:
Section 1. The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
