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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2003 Jurisprudence                 

  • G.R. No. 122103 November 4, 2003 - PEOPLE OF THE PHIL. v. WILFREDO PABILLO

  • G.R. Nos. 138662-63 November 4, 2003 - PEOPLE OF THE PHIL. v. ROBERTO A. MADERA

  • G.R. No. 148126 November 10, 2003 - GEORGE T. VILLENA v. SPS. ANTONIO & NOEMI CHAVEZ, ET AL.

  • G.R. Nos. 160261, 160262, 160263, 160277, 160292, 160295, 160310, 160318, 160342, 160343, 160360, 160365, 160370, 160376, 160392, 160397, 160403 & 160405 November 10, 2003 - ERNESTO B. FRANCISCO, JR., ET AL. v. HOUSE OF REPRESENTATIVES, ET AL.

  • A.C. No. 6139 November 11, 2003 - DOMINADOR L. CABANILLA v. ANA LUZ B. CRISTAL-TENORIO

  • A.M. No. P-01-1521 November 11, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. GREGORIO M. MALLARE, ET AL.

  • A.M. No. RTJ-03-1748 November 11, 2003 - JULIE C. PITNEY v. ZEUS C. ABROGAR

  • G.R. No. 126624 November 11, 2003 - OSCAR SANTOS v. COURT OF APPEALS, ET AL

  • G.R. No. 133250 November 11, 2003 - FRANCISCO I. CHAVEZ v. PUBLIC ESTATES AUTHORITY, ET AL.

  • G.R. Nos. 133547 & 133843 November 11, 2003 - HEIRS OF ANTONIO PAEL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136397 November 11, 2003 - PEOPLE OF THE PHIL. v. ALBERTO DAGAMI

  • G.R. No. 138612 November 11, 2003 - PEOPLE OF THE PHIL. v. PERCIVAL GONZA

  • G.R. Nos. 140388-91 November 11, 2003 - PEOPLE OF THE PHIL. v. ERNESTO ALVAREZ

  • G.R. No. 144050 November 11, 2003 - PEOPLE OF THE PHIL. v. NELSON ANCHETA PUA, ET AL.

  • G.R. No. 144134 November 11, 2003 - MARIVELES SHIPYARD CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 145431 November 11, 2003 - ROMEO PALOMA v. COURT OF APPEALS, ET AL.

  • G.R. No. 147800 November 11, 2003 - UNITED COCONUT PLANTERS BANK v. TEOFILO C. RAMOS

  • G.R. Nos. 155560-62 November 11, 2003 - ALEEM AMERODDIN SARANGANI v. COMELEC, ET AL.

  • A.M. No. MTJ-03-1513 November 12, 2003 - SPS. JAIME and PURIFICACION MORTA v. ANTONIO C. BAGAGÑAN, ET AL.

  • G.R. No. 119800 November 12, 2003 - FILIPINAS TEXTILE MILLS, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 121177 November 12, 2003 - PEOPLE OF THE PHIL. v. CHARLIE ALMOGUERRA, ET AL

  • G.R. Nos. 121731-33 November 12, 2003 - PEOPLE OF THE PHIL. v. DARWIN DAVID

  • G.R. No. 138256 November 12, 2003 - CRESENCIANO DUREMDES v. AGUSTIN DUREMDES

  • G.R. Nos. 141724-27 November 12, 2003 - PEOPLE OF THE PHIL. v. ARNULFO ORANDE

  • G.R. No. 146094 November 12, 2003 - PHIL. TRANSMARINE CARRIERS v. FELIPE D. CORTINA

  • G.R. No. 148407 November 12, 2003 - MA. LUISA OLARTE v. LEOCADIA NAYONA

  • G.R. No. 150633 November 12, 2003 - HEIRS OF DEMETRIO MELCHOR v. JULIO MELCHOR

  • A.M. No. P-03-1733 November 18, 2003 - ONOFRE M. MARANAN v. NECITAS A. ESPINELI

  • G.R. No. 127624 November 18, 2003 - BPI LEASING CORP. v. COURT OF APPEALS, ET AL

  • G.R. Nos. 137147-48 November 18, 2003 - BANK OF THE PHIL. ISLANDS v. CARLOS LEOBRERA, ET AL.

  • G.R. No. 140513 November 18, 2003 - PEOPLE OF THE PHIL. v. BIENVENIDO DE LA CRUZ

  • G.R. No. 141766 November 18, 2003 - PEOPLE OF THE PHIL. v. ROGER OSPIG

  • G.R. No. 142532 November 18, 2003 - PEOPLE OF THE PHIL. v. JOHNNY M. QUIZON

  • G.R. No. 144412 November 18, 2003 - ALLIED BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 148401 November 18, 2003 - PEOPLE OF THE PHIL. v. REGINALD M. GUILLERMO

  • G.R. Nos. 148743-45 November 18, 2003 - PEOPLE OF THE PHIL v. FELIX MONTES

  • G.R. No. 148810 November 18, 2003 - PEOPLE OF THE PHIL v. HEVER PAULINO

  • G.R. No. 152154 November 18, 2003 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 156063 November 18, 2003 - MELECIO ALCALA, ET AL v. JOVENCIO VILLAR

  • O.C. A.M. No. 00-02 November 19, 2003 - ALBERTO V. GARONG v. ALFREDO L. BENIPAYO, ET AL.

  • A.M. No. P-01-1519 November 19, 2003 - NELSONIDA T. ULAT-MARRERO v. ANTONIO B. TORIO, JR.

  • A.M. No. RTJ-03-1812 November 19, 2003 - PABLITO R. SORIA, ET AL. v. FRANKLYN A. VILLEGAS

  • G.R. No. 125784 November 19, 2003 - PEOPLE OF THE PHIL. v. DINDO VALLEJO, ET AL.

  • G.R. No. 128109 November 19, 2003 - PEOPLE OF THE PHIL. v. VENO ESPERAS

  • G.R. No. 144483 November 19, 2003 - STA. CATALINA COLLEGE, ET AL. v. NLRC, ET AL.

  • G.R. No. 152688 November 19, 2003 - PHIL. INTERNATIONAL TRADING CORP. v. COMMISSION ON AUDIT

  • A.M. No. 2003-5-SC November 20, 2003 - VALENTINO V. RUGA v. EDWIN S. LIGOT

  • G.R. No. 126376 November 20, 2003 - SPS. BERNARDO BUENAVENTURA and CONSOLACION JOAQUIN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 135441 November 20, 2003 - ROBERTO P. TOLENTINO v. DOLORES NATANAUAN, ET AL

  • G.R. No. 141316 November 20, 2003 - CLARA REYES PASTOR, ET AL v. PHILIPPINE NATIONAL BANK, ET AL

  • G.R. Nos. 147589 & 147689 November 20, 2003 - ANG BAGONG BAYANI v. COMELEC, ET AL.

  • G.R. No. 157216 November 20, 2003 - 246 CORP. v. REYNALDO B. DAWAY, ET AL.

  • A.M. No. MTJ-02-1422 November 21, 2003 - NEGROS GRACE PHARMACY v. ALFREDO P. HILARIO

  • A.M. No. RTJ-03-1813 November 21, 2003 - ANTONIO D. SELUDO v. ANTONIO J. FINEZA

  • G.R. Nos. 135779-81 November 21, 2003 - PEOPLE OF THE PHIL. v. LUCIANO DE GUZMAN, ET AL.

  • G.R. Nos. 150983-84 November 21, 2003 - PEOPLE OF THE PHIL. v. ROGELIO TALAVERA

  • A.M. No. P-99-1343 November 24, 2003 - ORLANDO T. MENDOZA v. ROSBERT M. TUQUERO, ET AL.

  • G.R. Nos. 135844-45 November 24, 2003 - PEOPLE OF THE PHIL v. DOMINADOR ILUIS

  • G.R. No. 139255 November 24, 2003 - RAYMOND MICHAEL JACKSON v. FLORITO S. MACALINO, ET AL

  • G.R. No. 139609 November 24, 2003 - PEOPLE OF THE PHIL. v. EXEQUIEL MAHINAY

  • G.R. No. 147259 November 24, 2003 - RICARDO ALCANTARA v. COURT OF APPEALS, ET AL.

  • G.R. No. 148191 November 25, 2003 - COMMISSIONER OF INTERNAL REVENUE v. SOLIDBANK CORP.

  • G.R. Nos. 159486-88 November 25, 2003 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN, ET AL.

  • A.M. No. P-02-1610 November 27, 2003 - RAPHAEL B. YRASTORZA, SR. v. MICHAEL A. LATIZA

  • A.M. No. RTJ-02-1741 November 27, 2003 - NORBERTO LOZADA, ET AL. v. LUIS J. ARRANZ

  • G.R. No. 123298 November 27, 2003 - PEOPLE OF THE PHIL. v. FRANCISCO L. CALPITO

  • G.R. No. 134460 November 27, 2003 - AQUILINA ESTRELLA, ET AL. v. NILA ESPIRIDION

  • G.R. Nos. 136592-93 November 27, 2003 - PEOPLE OF THE PHIL. v. MANOLITO PANCHO

  • G.R. No. 137366 November 27, 2003 - PEOPLE OF THE PHIL. v. ROMEO MOLE

  • G.R. No. 141186 November 27, 2003 - PEOPLE OF THE PHIL. v. RAUL S. PULANCO

  • G.R. No. 149808 November 27, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN LOPEZ

  • G.R. No. 151858 November 27, 2003 - PEOPLE OF THE PHIL. v. JOSELITO T. PASCUA

  • G.R. No. 151942 November 27, 2003 - SPS. GREGORIO GO and JUANA TAN GO v. JOHNSON Y. TONG, ET AL.

  • G.R. No. 156567 November 27, 2003 - JOSE RIMANO v. PEOPLE OF THE PHIL.

  • G.R. No. 137598 November 28, 2003 - PEOPLE OF THE PHIL. v. JAYSON BERDIN, ET AL.

  • G.R. No. 140227 November 28, 2003 - PEOPLE OF THE PHIL. v. ERWIN T. OTAYDE, ET AL.

  • G.R. Nos. 143435-36 November 28, 2003 - PEOPLE OF THE PHIL. v. ALEX L. FLORES

  • G.R. No. 148305 November 28, 2003 - SPS. ROGELIO & CONCHITA JALIQUE v. SPS. EPIFANIO & JULIETA DANDAN, ET AL.

  • G.R. No. 152080 November 28, 2003 - LORETTA P. DELA LLANA v. COMELEC, ET AL.

  • G.R. No. 155087 November 28, 2003 - EDUARDO T. SAYA-ANG, SR., ET AL. v. COMELEC, ET AL.

  • G.R. No. 157249 November 28, 2003 - HOMER T. SAQUILAYAN v. COMELEC, ET AL.

  •  





     
     

    G.R. Nos. 147589 & 147689   November 20, 2003 - ANG BAGONG BAYANI v. COMELEC, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 147589. November 20, 2003.]

    ANG BAGONG BAYANI, OFW, Et Al., Petitioners, v. COMMISSION ON ELECTIONS, Et Al., Respondents.

    [G.R. No. 147613. November 20, 2003.]

    BAYAN MUNA, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.

    R E S O L U T I O N


    DAVIDE, JR., C.J.:


    The remaining issues left for the resolution of the Court are: (1) the effect of the proclamation by the Commission on Elections of the additional nominees of APEC, BUTIL, CIBAC and AKBAYAN pursuant to its Order of 22 November 2002, a proclamation this Court declared in its Resolution of 18 February 2003 to be a violation of, inter alia, the Temporary Restraining Order it issued on 9 May 2001; and (2) whether BUHAY is entitled to one additional seat in the party-list system.chanrob1es virtua1 1aw 1ibrary

    It may be recalled that in its Resolution No. NBC-02-001 dated 6 November 2002, the COMELEC found that APEC is entitled to three seats; AKBAYAN, two seats; BUTIL, two seats; CIBAC, two seats; BUHAY, two seats; AMIN, one seat; ABA, one seat; COCOFED, one seat; NCIA, one seat; PM, one seat; and SANLAKAS, one seat.

    The additional nominees of APEC, BUTIL, CIBAC and AKBAYAN proclaimed by the COMELEC immediately took their oath and assumed office as members of the House of Representatives.

    In its Resolution of 25 June 2003, the Court has found that, indeed BUHAY obtained 4.46% of the total number of votes cast for the party-list system, thus:chanrob1es virtual 1aw library

    Table No. 3

    Rank Party-List Votes Percentage Additional

    (%) Seats

    2 APEC 802,060 12.29 n/c

    3 AKBAYAN 377,852 5.79 n/c

    4 BUTIL 330,282 5.06 n/c

    5 CIBAC 323,810 4.96 n/c

    6 BUHAY 290,760 4.46 0.51

    7 AMIN 252,051 3.86 0.44

    8 ABA 242,199 3.71 0.42

    9 COCOFED 229,165 3.51 0.40

    10 PM 216,823 3.32 0.38

    11 SANLAKAS 151,017 2.31 0.26

    12 ABANSE! PINAY 135,211 2.07 0.24

    In the column additional seats, those for APEC, AKBAYAN, BUTIL, and CIBAC are indicated as n/c, which, as disclosed in the footnote, means as follows:jgc:chanrobles.com.ph

    "not computed," since, to repeat, the Court is yet to resolve the validity of the proclamation of the additional nominees of APEC, AKBAYAN, BUTIL, and CIBAC, due to the Motion of BAYAN MUNA to set aside Comelec Resolution No. NBC-02-001 promulgated on November 6, 2003 and the related November 22, 2002 Comelec Order and the November 26, 2002 Comelec Resolution.

    The fact of the matter, however, is that the percentage for the additional seats for APEC, AKBAYAN, BUTIL and CIBAC is recorded in the table, just as what was done to BUHAY, thus:chanrob1es virtua1 1aw 1ibrary

    APEC — 1.40

    AKBAYAN — 0.66

    BUTIL — 0.58

    CIBAC — 0.56

    In the Resolution of 8 July 2003, this Court resolved that "the COMELEC may now proclaim those declared elected with one nominee each in the Resolution of 25 June 2003, to wit: BUHAY, AMIN, ABA, COCOFED, PM, SANLAKAS, and ABANSE! PINAY."cralaw virtua1aw library

    It is thus established in the Resolution of 25 June 2003 that, like APEC, BUTIL, CIBAC and AKBAYAN, BUHAY had obtained more than four percent (4%) of the total number of votes validly cast for the party-list system and obtained more than 0.50 for the additional seats. Accordingly, just like the first four whose additional nominees are now holding office as member of the House of Representatives, BUHAY should be declared entitled to one additional seat.

    ACCORDINGLY, the Court hereby RESOLVES, pro hac vice

    1. To consider closed and terminated the issue regarding the proclamation by the COMELEC of the additional nominees of APEC, BUTIL, CIBAC and AKBAYAN, such nominees having taken their oath and assumed office;

    2. To DECLARE that BUHAY is entitled to one (1) additional seat in the party-list system in the elections of May 2001 and;

    3. To ORDER the COMELEC to proclaim BUHAY’s second nominee.

    SO ORDERED.

    Davide, Jr., C.J., Puno, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio Morales, Callejo, Sr., Azcuna and Tinga, JJ., concur.

    Vitug, J., I reiterate my separate opinion in the ponencia (main decision).chanrob1es virtua1 1aw 1ibrary

    Separate Opinions


    PANGANIBAN, J.:


    For resolution by the Court are two sets of Motions filed by (A) BAYAN MUNA and (B) BUHAY. The majority holds that the Motions of BAYAN MUNA should be denied, but that those of BUHAY should be granted. I agree that BAYAN MUNA’s Motions should be denied, but for reasons different from those proffered by the majority. On the other hand, I submit, with due respect, that BUHAY’s Motions should be denied, not granted.

    A. BAYAN MUNA’s Motions

    An examination of BAYAN MUNA’s 16-page "Comment/Opposition with Motion to Set Aside the 6 November 2002 Resolution of the Commission on Elections" shows that it is principally meant to be an opposition to the "Motion to Lift TRO" filed by BUHAY and COCOFED. However, at the latter part thereof (from page 13), it argues that "COMELEC erred in disregarding the ruling in Veterans Federation Party v. Commission on Elections 1 when it allocated seats in Congress for APEC, AKBAYAN, BUTIL, CIBAC, BUHAY, AMIN, ABA, COCOFED, NCIA, PM and SANLAKAS in the assailed Resolution dated 6 November 2002." Thus, aside from opposing the BUHAY and COCOFED Motion, it additionally prays for the setting aside of the said 6 November 2002 COMELEC Resolution.

    In a "Supplemental Motion to Set Aside Comelec Resolution No. NBC-02-001 promulgated on 22 November 2002," BAYAN MUNA contends that this latter Resolution of 22 November 2002 — which granted two additional seats to APEC and one additional seat each to BUTIL, CIBAC and AKBAYAN — is also void for having likewise been issued in violation of the ruling in Veterans and the proportional representation proviso of RA 7941 (the Party List Law), which limited the entitlement of a party-list winner to a maximum of three seats. It complains that this COMELEC Resolution "equalized APEC’s number of representatives with those" of BAYAN MUNA despite the "disparity in the number of votes between them — 1,697,578 for BAYAN MUNA as against 801,587 for APEC." chanrob1es virtua1 1aw 1ibrary

    Thus, it prays for the declaration of (1) the nullity of the said 22 November 2002 COMELEC Resolution; and (2) the unconstitutionality of Section 11 of RA 7941 (the Party List Law), insofar as it allowed a maximum of only three seats per party-list winner, to enable BAYAN MUNA to have more than three representatives in the House.

    Assailed COMELEC Resolutions Made Without Authority

    In its Resolution dated 18 February 2003, the Court has already unanimously ruled that the assailed COMELEC Resolutions dated 6 November 2002 and 22 November 2003 as well as that dated 26 November 2002 were issued by Commission without any authority, in "brazen disobedience to [this Court’s] lawful directives, in particular its Temporary Restraining Order dated May 9, 2001." For issuing such Resolutions, the COMELEC chairman and members were held in contempt by this Court.

    However, I respectfully submit that the nullity of these issuances authorizing the proclamation of the additional nominees of APEC, BUTIL, CIBAC and AKBAYAN does not ipso facto mean that the Court, in the present proceedings and by means of a mere motion, could thereby automatically unseat these representatives. As held in the Court’s Resolution dated 16 September 2003 in AM No. 03-8-22 SC, 2 "there is a distinction between holding in contempt the authors of an arbitrary proclamation resolution on the one hand[;] and on the other, unseating those who have been proclaimed, have taken their seats in Congress and have begun performing their lawmaking duties."cralaw virtua1aw library

    Be it remembered that on 26 June 2001, the Court — in the present consolidated cases — had already rendered its Decision, which has become final and executory. The instant proceedings are conducted for the purpose merely of passing upon the COMELEC’s compliance with the 8-point guideline issued in the said Decision.

    The relief prayed for by BAYAN MUNA — to declare Section 11 of RA 7941 unconstitutional — is completely alien to these incidental proceedings. To take up this alleged unconstitutionality now would mean a reopening of the 26 June 2001 Decision which, to repeat, has already become final and executory. Obviously, a discussion of that issue cannot be done at this point.

    Proper Petition by Proper Party at the Proper Time

    The same observation can be made of any attempt to unseat the concerned additional nominees by means of a mere motion in these proceedings. To oust members of the House of Representatives who have already taken their oaths and have begun to discharge the functions of their offices is a contentious matter and partakes of the nature of quo warranto, certiorari and/or mandamus. Clearly, these extraordinary writs may be issued only in special civil actions for which the Rules of Court prescribe specific requirements, like the verification of an independent petition — with specific allegations showing lack or excess of jurisdiction or grave abuse of discretion — filed in the proper court or quasi judicial agency by the proper party; and subject to certain formalities like a sworn certificate of non-forum shopping and so on. Also, these documents must be filed within the prescribed period of time.chanrob1es virtua1 1aw 1ibrary

    In contrast, the present Motion and Supplemental Motion are not even verified and are definitely not special civil actions; they were filed merely as purported incidents in these compliance proceedings. Furthermore, there is no showing that they were filed in the proper forum, considering that under the Constitution, the House of Representatives Electoral Tribunal (HRET) is "the sole judge of all contests relating to the election returns and qualifications" of the members of the House of Representatives. 3 True, in Codilla v. Comelec, 4 this Court ousted an incumbent member of Congress and caused the seating of the overwhelming winner during the election. However, that Decision was issued only after an independent petition for mandamus and quo warranto was filed by the proper party, and only after proper proceedings had been held thereon.

    In any event, in Guerrero v. Comelec, 5 this Court declared that "once a winning candidate has been proclaimed, taken his oath, and assumed office as a member of the House of Representatives, the COMELEC’s jurisdiction over election contests relating to his election, returns and qualification ends, and the HRET’s own jurisdiction begins."cralaw virtua1aw library

    Thus, if this Court were to give due course to BAYAN MUNA’s prayer, it will have to rule on the propriety of assuming jurisdiction over the controversy in the present proceedings; equally important, it will also have to determine which of these two rulings (Codilla or Guerrero), if any, applies. These are contentious issues that are alien to the present proceedings; they constitute questions that cannot be ruled upon unless the appropriate petitions are filed in the appropriate forum by the appropriate party at the appropriate time and alleging the appropriate jurisdictional facts.

    Nevertheless, it should be noted that while BAYAN MUNA’s Motions prayed for the nullification of the assailed COMELEC Resolutions, they did not expressly ask for the unseating of the proclaimed winners who had already taken their seats and had long ago begun to discharge their functions.

    B. BUHAY’s Motions

    Several Motions filed by BUHAY and its second nominee 6 ask that the Court modify its Resolution dated 25 June 2003 by authorizing BUHAY’s second nominee to take his congressional seat as soon as possible. They contend that the formulas devised by this Court for computing party-list winners are applicable only in the 1998, not in the 2001, party-list elections; that it is the COMELEC formula contained in its 6 November 2002 Resolution that is appropriate to the May 14, 2001 elections; and that this COMELEC formula allocates one (1) seat to the parties that get at least two percent (2%) of the total votes cast, two (2) seats to those that obtain at least 4%, and the maximum of three (3) seats to those that get at least 6% of the total votes cast.chanrob1es virtua1 1aw 1ibrary

    COMELEC Formula Already Rejected by the Court

    I respectfully submit that these Motions of BUHAY have no merit. First, the so-called COMELEC formula has long been expressly rejected by this Court in Veterans Federation Party v. COMELEC, 7 as follows:jgc:chanrobles.com.ph

    "One proposed formula is to allocate one additional seat for every additional proportion of the votes obtained equivalent to the two percent vote requirement for the first seat. Translated in figures, a party that wins at least six percent of the total votes cast will be entitled to three seats; another party that gets four percent will be entitled to two seats; and one that gets two percent will be entitled to one seat only. This proposal has the advantage of simplicity and ease of comprehension. Problems arise, however, when the parties get very lop-sided votes — for example, when Party A receives 20 percent of the total votes cast; Party B, 10 percent; and Party C, 6 percent. Under the method just described, Party A would be entitled to 10 seats; Party B, to 5 seats and Party C, to 3 seats. Considering the three-seat limit imposed by law, all the parties will each uniformly have three seats only. We would then have the spectacle of a party garnering two or more times the number of votes obtained by another, yet getting the same number of seats as the other one with the much lesser votes. In effect, proportional representation will be contravened and the law rendered nugatory by this suggested solution. Hence, the Court discarded it." (p. 274)

    The correct formulas for computing the proportionate allocation of seats to party-list winners have been decided in Veterans after long deliberation and study; these formulas apply to all party-list elections conducted under the present law.

    Unless amended by a subsequent law approved by Congress or by a new ruling of this Court in appropriate proceedings, these formulas cannot be disregarded, for they ensure that the number of seats allocated to the winning parties conform to the principle of proportional representation mandated by the Party-List Law.

    Second, in our unanimous en banc Resolution dated 18 February 2003, the COMELEC chairman and commissioners were held in contempt of this Court when they discarded these formulas and used the erroneous and rejected computation method espoused by movant. The Court issued this reminder to the Commission:chanrob1es virtua1 1aw 1ibrary

    "Comelec had no authority or power to modify or alter, even with the help of Black’s Law Dictionary, the final and executory Decisions of this Court, especially the carefully crafted rule on how to compute the winners in a party-list election as held in Veterans Federation Party v. Comelec. It should also remember that in said case, this Court expressly reversed Comelec’s own formula of determining said winners. A becoming regard for superior authority should have prevented the poll body from insisting on its own will. If a lower tribunal like the Comelec disagrees with our Decisions, it may state its opinions or may even recommend, at the proper occasion and time, a change in the ruling. But it is constitutionally required, in the meantime, to follow our Decisions whether it agrees with them or not. This is the rule of law. As it is, by its intransigence and disobedience, Comelec, its chairman and members have clearly placed themselves in contempt of this Court." (p. 5)

    Finally, the question of how to compute the number of seats a party-list winner is entitled to has NOT BEEN RAISED AS AN ISSUE in these consolidated cases. As already stated, that matter has finally been settled long ago in Veterans.

    Determining the Party-List Winners

    To stress, our unanimous en banc Resolution of June 25, 2003 in the present consolidated cases patiently and clearly outlined in detail (on pages 36-40) the procedure for determining the party-list winners and for computing the number of seats they are entitled to. This procedure, the Court ruled, should be used "in determining the party-list winners in the future." The Resolution clearly and unequivocally ordered that party-list winners shall be determined in accordance with "the formulas mandated in Veterans v. Comelec."cralaw virtua1aw library

    While I symphatize with the dilemma of the BUHAY second nominee, I respectfully submit that there is no sufficient legal reason to proclaim him and thereby violate the very pronouncements of this Court discussed above.

    WHEREFORE, I vote to DENY the Motions of BAYAN MUNA and BUHAY.chanrob1es virtua1 1aw 1ibrary

    Endnotes:



    1. 342 SCRA 244, October 6, 2000.

    2. Re: EM No. 03-010 — Order of the First Division of The Commission on Elections dated August 15, 2003.

    3. See Bondoc v. Pineda, 201 SCRA 792, September 26, 1991; Romualdez-Marcos v. Comelec, 248 SCRA 300, September 18, 1995 and Libanan v. HRET , 347 Phil. 797, December 22, 1997.

    4. GR No. 150605, December 10, 2002.

    5. 336 SCRA 458, June 26, 2000; see also Co v. HRET , 199 SCRA 692, July 30, 1991; Lazatin v. HRET , 168 SCRA 391, December 8, 1988.

    6. Mariano Logarta.

    7. Supra at note 1.

    G.R. Nos. 147589 & 147689   November 20, 2003 - ANG BAGONG BAYANI v. COMELEC, ET AL.


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