Abbas vs Senate Electoral Tribunal

FACTS:

In October 1987, Firdausi Abbas et al filed before the SET an election protest against 22 candidates of the
LABAN coalition who were proclaimed senators-elect in the May 11 congressional elections by the
COMELEC. The SET was at the time composed of three (3) Justices of the Supreme Court and six (6)
Senators. Abbas later on filed for the disqualification of the 6 senator members from partaking in the said
election protest on the ground that all of them are interested parties to said case. Abbas argue that
considerations of public policy and the norms of fair play and due process imperatively require the mass
disqualification sought. To accommodate the proposed disqualification, Abbas suggested the following
amendment: Tribunals Rules (Section 24) - requiring the concurrence of five (5) members for the
adoption of resolutions of whatever nature - is a proviso that where more than four (4) members are
disqualified, the remaining members shall constitute a quorum, if not less than three (3) including one (1)
Justice, and may adopt resolutions by majority vote with no abstentions. Obviously tailored to fit the
situation created by the petition for disqualification, this would, in the context of that situation, leave the
resolution of the contest to the only three Members who would remain, all Justices of this Court, whose
disqualification is not sought.

ISSUE: Whether or not Abbas proposal could be given due consideration.

DECISION:

No. The most fundamental objection to such proposal lies in the plain terms and intent of the Constitution
itself which, in its Article VI, Section 17, creates the Senate Electoral Tribunal, ordains its composition and
defines its jurisdiction and powers.

It is quite clear that in providing for a SET to be staffed by both Justices of the SC and Members of the
Senate, the Constitution intended that both those judicial and legislative components commonly
share the duty and authority of deciding all contests relating to the election, returns and qualifications of
Senators. The legislative component herein cannot be totally excluded from participation in the resolution
of senatorial election contests, without doing violence to the spirit and intent of the Constitution. It is not
to be misunderstood in saying that no Senator-Member of the SET may inhibit or disqualify himself from
sitting in judgment on any case before said Tribunal. Every Member of the Tribunal may, as his conscience
dictates, refrain from participating in the resolution of a case where he sincerely feels that his personal
interests or biases would stand in the way of an objective and impartial judgment. What SC is saying is
that in the light of the Constitution, the SET cannot legally function as such; absent its entire membership
of Senators and that no amendment of its Rules can confer on the three Justices-Members alone the
power of valid adjudication of a senatorial election contest.