Professional Documents
Culture Documents
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selected from a rota in accordance with rules of court made for the
purpose. Having proved successful, the practice has become
imbedded in English jurisprudence (Parliamentary Elections Act,
1868 [31 & 32 Vict. c. 125] as amended by Parliamentary Elections
and Corrupt Practices Act, 1879 [42 & 43 Vict. c. 75], s. 2; Corrupt
and. Illegal Practices Prevention Act 1883 [46 & 47 Vict. c. 51], s.
70; Expiring Laws Continuance Act, 1911 [1 & 2 Geo. 5, c. 22];
Laws of England, vol. XII, p.
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3, 1935, can not be construed as a limitation upon the time for the
initiation of election contests. While there might have been good
reason for the legislative practice of conrmation of members of
the Legislature at the time the power to decide election contests
was still lodged in the Legislature, conrmation alone by the
Legislature cannot be construed as depriving the Electoral
Commission of the authority incidental to its constitutional power
to be "the sole judge of all contests relating to the election, returns,
and qualications of the members of the National Assembly", to x
the time for the ling of said election protests. Conrmation by the
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LAUREL, J.:
(1) That in the elections of September 17, 1935, the petitioner, Jose A.
Angara, and the respondents, Pedro Ynsua, Miguel Castillo and
Dionisio Mayor, were candidates voted for the position of member
of the National Assembly for the rst district of the Province of
Tayabas;
(2) That on October 7, 1935, the provincial board of canvassers,
proclaimed the petitioner as member-elect of the
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National Assembly for the said district, for having received the
most number of votes;
(3) That on November 15, 1935, the petitioner took his oath of ofce;
(4) That on December 3, 1935, the National Assembly in session
assembled, passed the following resolution:
"[No. 8]
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"Se resuelve: Que las actas de eleccin de los Diputados contra quienes
no se hubiere presentado debidamente una protesta antes de la adopcin de
la presente resolucin sean, como por la presente, son aprobadas y
conrmadas.
"Adoptada, 3 de diciembre, 1935."
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of said period; and (c) that the protest in question was led out of
the prescribed period;
(8) That on December 27, 1935, the herein respondent, Pedro Ynsua,
led an "Answer to the Motion of Dismissal" alleging that there is
no legal or constitutional provision barring the presentation of a
protest against the election of a member of the National Assembly,
after conrmation;
(9) That on December 31, 1935, the herein petitioner, Jose A. Angara,
led a "Reply" to the aforesaid "Answer to the Motion of
Dismissal";
(10) That the case being submitted for decision, the Electoral
Commission promulgated a resolution on January 23, 1936,
denying herein petitioner's "Motion to Dismiss the Protest."
The application of the petitioner sets forth the following grounds for
the issuance of the writ prayed for:
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(a) That at the time of the approval of the rules of the Electoral
Commission on December 9, 1935, there was no existing
law xing the period within which protests against the
election of members of the National Assembly should be
led; that in xing December 9, 1935, as the last day for the
ling of protests against the election of members of the
National Assembly, the Electoral Commission was
exercising a power impliedly conferred upon it by the
Constitution, by reason of its quasi-judicial attributes;
(b) That said respondent presented his motion of protest before
the Electoral Commission on December 9, 1935, the last
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The case was argued before us on March 13, 1936. Before it was
submitted for decision, the petitioner prayed for the issuance of a
preliminary writ of injunction against the respondent Electoral
Commission which petition was denied "without passing upon the
merits of the case" by resolution of this court of March 21, 1936.
There was no appearance for the other respondents.
The issues to be decided in the case at bar may be reduced to the
following two principal propositions:
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for the petitioner has pointed out, the issue hinges on the
interpretation of section 4 of Article VI of the Constitution which
provides:
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The rst step towards the creation of an independent tribunal for the
purpose of deciding contested elections to the legislature was taken
by the sub-committee of ve appointed by the Committee on
Constitutional Guarantees of the Constitutional Convention, which
sub-committee submitted a report on August 30, 1934,
recommending the creation of a Tribunal of Constitutional Security
empowered to hear protests not only against the election of members
of the legislature but also against the election of executive ofcers
for whose election the vote of the whole nation is required, as well
as to initiate impeachment proceedings against specied executive
and judicial ofcers. For the purpose of hearing legislative protests,
the tribunal was to be composed of three justices designated by the
Supreme Court and six members of the house of the legislature to
which the contest corresponds, three members to be designated by
the majority party and three by the minority, to be presided over by
the Senior Justice unless the Chief Justice is also a member in which
case the latter shall preside. The foregoing proposal was submitted
by the Committee on Constitutional Guarantees to the Convention
on September 15, 1934, with slight modications consisting in the
reduction of the legslative representation to four members, that is,
two senators to be designated one each from the two major parties in
the Senate and two representatives to be designated one each from
the two major parties in the House of Representatives, and in
awarding representation to the executive department in the persons
of two representatives to be designated by the President.
Meanwhile, the Committee on Legislative Power was also
preparing its report. As submitted to the Convention on September
24, 1934, subsection 5, section 5, of the proposed Article on the
Legislative Department, reads as follows:
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bers elected by the members of the party having the largest number of votes
therein, three elected by the members of the party having the second largest
number of votes, and as to its Chairman, one Justice of the Supreme Court
designated by the Chief Justice."
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"(6) The elections, returns and qualications of the Members of the National
Assembly and all cases contesting the election of any of its Members shall
be judged by an Electoral Commission, composed of three members elected
by the, party having the largest number of votes in the National Assembly,
three elected by the members of the party having the second largest number
of votes, and three justices of the Supreme Court designated by the Chief
Justice, the Commission to be presided over by one of said justices."
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* * * * * * *
"Mr. VENTURA. Mr. President, we have a doubt here as to the scope of the
meaning of the rst four lines, paragraph 6, page 11 of the draft, reading:
'The elections, returns and qualications of the Members of the National
Assembly and all cases contesting the election of any of its Members shall
be judged by an Electoral Commission, * * *.' should like to ask from the
gentleman from Capiz whether the election and qualication of the member
whose election is not contested shall also be judged by the Electoral
Commission.
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conrm their election? The municipal council does this: it makes a canvass
and proclaimsin this case the municipal council proclaims who has been
elected, and it ends there, unless there is a contest. It is the same case; there
is no need on the part of the Electoral Commission unless there is a contest.
The rst clause refers to the case referred to by the gentleman from Cavite
where one person tries to be elected in place of another who was declared
elected. For example, in a case when the residence of the man who has been
elected is in question, or in case the citizenship of the man who has been
elected is in question.
"However, if the assembly desires to annul the power of the commission,
it may do so by certain maneuvers upon its rst meeting when the returns
are submitted to the assembly. The purpose is to give to the Electoral
Commission all the powers exercised by the assembly referring to the
elections, returns and qualications of the members. When there is no
contest, there is nothing to be judged.
"Mr. VENTURA. Then it should be eliminated.
"Mr. ROXAS. But that is a different matter, I think Mr. Delegate.
"Mr. ClNCO. Mr. President, I have a similar question as that propounded
by the gentleman from Ilocos Norte when I arose a while ago. However I
want to ask more questions from the delegate from Capiz. This paragraph 6
on page II of the draft cites cases contesting the election as separate from
the rst part of the section which refers to elections, returns and
qualications.
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"Mr. ROXAS. That is merely for the sake of clarity. In fact the cases of
contested elections are already included in the phrase 'the elections, returns
and qualications.' This phrase 'and contested elections' was inserted
merely for the sake of clarity.
"Mr. ClNCO. Under this paragraph, may not the Electoral Commission,
at its own instance, refuse to conrm the election of the members?
"Mr. ROXAS. I do not think so, unless there is a protest.
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In the same session, the rst clause of the aforesaid draft reading
"The election, returns and qualications of the members of the
National Assembly and" was eliminated by
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* * * * * * *
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"El Sr. CONEJERO. Cree Su Seora que en un caso como ese, podramos
hacer que tanto los de la mayora como los de la minora prescindieran del
partidismo?
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"El Sr. ROXAS. Creo que si, porque el partidismo no les dara el
triunfo."
* * * * * * *
"(6) All cases contesting the elections, returns and qualications of the
Members of the National Assembly shall be judged by an Electoral
Commission, composed of three members elected by the party having the
largest number of votes in the National Assembly, three elected by the
members of the party having the second largest number of votes, and three
justices of the Supreme Court designated by the Chief Justice, the
Commission to be presided over by one of said justices."
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tional Assembly, three of whom shall be nominated! by the party having the
largest number of votes, and three by the party having the second largest
number of votes therein. The senior Justice in the Commission shall be its
chairman. The Electoral Commission shall be the sole judge of the election,
returns, and qualications of the Members of the National Assembly."
"153. From the time when the commons established their right to be the
exclusive judges of the elections, returns, and qualications of their
members, until the year 1770, two modes of proceeding prevailed, in the
determination of controverted elections, and rights of membership. One of
the standing committees appointed at the commencement of each session,
was denominated the committee of privileges and elections, whose function
was to hear and investigate all questions of this description which might be
referred to them, and to report their proceedings, with their opinion
thereupon, to the house, from time to time. When an election petition was
referred to this committee.
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they heard the parties and their witnesses and other evidence, and made a
report of all the evidence, together with their opinion thereupon, in the form
of resolutions, which were considered and agreed or disagreed to by the
house. The other mode of proceeding was by a hearing at the bar of the
house itself. When this court was adopted, the case was heard and decided
by the house, in substantially the same manner as by a committee. The
committee of privileges and elections although a select committee was
usually what is called an open one; that is to say, in order to constitute the
committee, a quorum of the members named was required to be present, but
all the members of the house were at liberty to attend the committee and
vote if they pleased.
"154. With the growth of political parties in parliament questions relating
to the right of membership gradually assumed a political character; so that
for many years previous to the year 1770, controverted elections had been
tried and determined by the house of commons, as mere party questions,
upon which the strength of contending factions might be tested. Thus, for
example, in 1741, Sir Robert Walpole, after repeated attacks upon his
government, resigned his ofce in consequence of an adverse vote upon the
Chippenham election. Mr. Hatsell remarks, of the trial of election cases, as
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conducted under this system, that 'Every principle of decency and justice
were notoriously and openly prostituted, from whence the younger part of
the house were insensibly, but too successfully, induced to adopt the same
licentious conduct in more serious matters, and in questions of higher
importance to the public welfare.' Mr. George Grenville, a distinguished
member of the house of commons, undertook to propose a remedy for the
evil, and, on the 7th of March, 1770, obtained the unanimous leave of the
house to bring in a bill, 'to regulate the trial of controverted elections, or
returns of members to serve in parliament.' In his speech to explain his plan,
on the motion for leave, Mr. Grenville alluded to the existing practice in the
following
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First Period, vol. III, No. 56, pp. 892, 893). The Constitution has
repealed section 18 of the Jones Law. Act No. 3387, section 478,
must be deemed to have been impliedly abrogated also, for the
reason that with the power to determine all contests relating to the
election, returns and qualications of members of the National
Assembly, is inseparably linked the authority to prescribe
regulations for the exercise of that power. There was thus no law nor
constitutional provision which authorized the
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ed., 177; Missouri vs. Illinois, 200 U. S., 496; 50 Law. ed., 572.)
It has been correctly stated that the government established by
the Constitution follows fundamentally the theory of the separation
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place the commission beyond the reach of the law, but to insure the
determination of such contests with due process of law.
Section 478 of the Election Law was in f orce at the time of the
adoption of the Constitution, Article XV, section 2, of which
provides that
"All laws of the Philippine Islands shall continue in force until the
inauguration of the Commonwealth of the Philippines; thereafter, such laws
shall remain operative, unless inconsistent with this Constitution, until
amended, altered, modied, or repealed by the National Assembly, and all
references in such laws to the Government or ofcials of the Philippine
Islands shall be construed, in so f ar as applicable, to refer to the
Government and corresponding ofcials under this Constitution."
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In the light of what has been said, the resolution of the National
Assembly of December 3, 1935, could not have the effect of barring
the right of the respondent Pedro Ynsua to contest the election of the
petitioner. By the same token, the Electoral Commission was
authorized by law to adopt its resolution of December 9, 1935,
which xed the time within which written contests must be led
with the commission.
Having been led within the time xed by its resolution, the
Electoral Commission has jurisdiction to hear and determine the
contest led by the respondent Pedro Ynsua against the petitioner
Jose A. Angara. Writ denied.
Writ denied.
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