1

LEGISLATIVE DEPARTMENT through a party-list system of registered national, regional,

and sectoral parties or organizations.
SECTION 1. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a
Senate and a House of Representatives, except to the 1. TOBIAS VS ABALOS
extent reserved to the people by the provision on initiative ● “An act converting the municipality of
and referendum. Mandaluyong into a Highly Urbanized City to be
known as the City of Mandaluyong”.
SECTION 2. The Senate shall be composed of twenty-four ● Before enactment, San Juan and Mandaluyong
Senators who shall be elected at large by the qualified belonged to the same legislative district.
voters of the Philippines, as may be provided by law. ● Petitioner: violates Sec. 5 of Article VI which
provides that the House of representatives shall be
SECTION 3. No person shall be a Senator unless he is a composed of not more than 250 members, unless
natural-born citizen of the Philippines, and, on the day of otherwise fixed by law.
the election, is at least thirty-five years of age, able to read ○ The division of San Juan and Mandaluyong into
and write, a registered voter, and a resident of the separate congressional districts increased the
Philippines for not less than two years immediately members of HOR beyond that provided by the
preceding the day of the election. Constitution.
○ RATIO: 250 LIMIT IS NOT ABSOLUTE. HOR
shall be composed of not more than 250 members.
1. PIMENTEL, JR. VS COMELEC “Unless otherwise provided by law”. Increase in
● A new law for Mandatory drug test for running congressional representation is not unconsti.
candidates for public office
● Sen. Pmentel, candidate, questioned the said law. ● Petitioner: Sec. 5 also provides that within 3 years
● Said law (mandatory drug testing for public officials following the return of every census, the Congress
unconsti? shall make reappointment of legislative district.
○ Yes! ○ Division was not made pursuant to any census
○ Only 5 qualifications: 1. Citizenship; 2. Voter showing that the minimum population requirement
registration; 3. Literacy; 4. Age; and 5. Residency. was attained.
○ The congress cannot validly amend or otherwise ○ RATIO: MANDALUYONG AND SAN JUAN
modify these qualifications and standards, as it HAD EACH ATTAINED THE MINIMUM
cannot disregard, evade, or weaken the force of a REQUIREMENT FOR THE 250,000
constitutional mandate, or alter or enlarge the INHABITANTS TO JUSTIFY THEIR
Constitution. SEPARATION INTO TWO LEGISLATIVE
DISTRICTS, UNLESS OTHERWISE PROVED
SECTION 4. The term of office of the Senators shall be THAT THE REQUIREMENTS WERE NOT
six years and shall commence, unless otherwise provided MET, THE SAID ACT ENJOYS THE
by law, at noon on the thirtieth day of June next following PRESUMPTION OF HAVING PASSED
their election. THROUGH REGULAR CONGRESSIONAL
PROCESSES.
No Senator shall serve for more than two consecutive
terms. Voluntary renunciation of the office for any length 2. MARIANO, JR. VS COMELEC
of time shall not be considered as an interruption in the ● Petitioners: assails a provision sec. 51 of RA
continuity of his service for the full term for which he was 7859 (An Act Converting the Municipality of
elected. Makati into a Highly Urbanized City to be known
as the City of Makati)
○ Grounds: it attempts to alter or restart the “3-
SECTION 5. (1) The House of Representatives shall be consecutive term” limit for local elective officials
composed of not more than two hundred and fifty disregarding the terms previously served by them
members, unless otherwise fixed by law, who shall be which collides with the consti.
elected from legislative districts apportioned among the ● Challenge is with merit?
provinces, cities, and the Metropolitan Manila area in ○ No!
accordance with the number of their respective ○ Requirements before a litigant can challenge the
inhabitants, and on the basis of a uniform and progressive constitutionality of law: 1. There must be an
ratio, and those who, as provided by law, shall be elected ACTUAL CASE OR CONTROVERSY; 2. The
question of constitutionality MUST BE RAISED
 2

BY THE PROPER PARTY; 3. The constitutional ● “An act Reapportioning the Composition of the
question MUST BE RAISED AT THE 1st and 2nd legislative Districts in the province of
EARLIEST POSSIBLE OPPORTUNITY; and 4. Camarines Sur and Thereby Creating a New
Decision on the constitutional question MUST Legislative District from such Reapportionment.”
BE NECESSARY TO THE DETERMINATION constitutional?
OF THE CASE ITSELF. ● Act: divided 4 districts shall form additional
district where new district shall be composed of
3. MONTEJO VS. COMELEC 176, 383 population count.
● Annulment of sec.1 res no. 2736, redistricting ● Petitioner: reapportionment runs afoul of the
certain municipalities in Leyte, violates the explicit constitutional standard with minimum
principle of equality of representation. population of 250,000 for the creation of a
● Province of Leyte: tacloban city and Ormoc legislative dist. Under sec 5, art VI.
City are composed of 5 districts. ● Constitutional? Population of 250,000 is an
○ 3rd district: almeria, biliran, cabucgayan, indispensable constitutional requirement for
caibiran, calubian, culaba, kawayan, leyte, creation of a new legislative district in a
maripipi, naval, san isidro, tabango, and province?
villaba. ○ Constitutional!
○ Biliran in 3rd dist was made its subprovince ○ City vs Province under Sec 5(3).
by virtue of ra 2141 sec 1. Said section spelled ○ Province is entitled into a representative, with
out the municipalities comprising nothing was mentioned about the population.
subprovinces. While cities, a minimum population of 250,000
○ LGC took effect and subprovince of Biliran must first be satisfied.
became a regular province. ○ Camsur had a pop of 1,693,821 making the
○ As consequence of conversion, 8 province entitled to two additional districts from
municipalities of 3rd district composed of new the present of four. The results of apportionment
province Biliran. Consequence was to reduce was valid.
the 3rd district to 5 municipalities.
○ To remedy the resulting inequality in 5.VETERANS FEDERATION PARTY VS
distribution of inhabitants, voters and COMELEC
municipalities in province of Leyte respondent ● COMELEC proclaimed 14 party list
COMELEC, held consultation meetings with representatives from 13 parties which obtained
incumbent representatives of the province, it at least 2% of total number of votes cast for the
transferred municipality of Capoocan of 2nd party list system as members of the HOR.
district and municipality of Palompon of 4th ● Petitioners: comelec proclaimed 38 additional
district on 3rd district of Leyte. party list reps although they obtained less than
● Unprecedented exercise by comelec of 2% of the total number of votes cast for the
legislative power is valid? party list system on the ground that under the
○ No! consti, it is mandatory that at least 20% of
○ COMELEC was denied the major power of members of HOR come from party list
legislative apportionment as it exercised the representatives.
power. ● 20% mandatory or mere ceiling?
○ Commission who did the reapportionment of ○ No!
legislative districts and for subsequent ○ Merely provides a ceiling for the party list seats
elections, the power was given to the in the HOR.
CONGRESS. ○ Congress deemed it necessary to require parties
○ COMELEC is empowered to make minor participating in the system to obtain at least 2%
adjustments to reapportionment herein made. of the total votes cast for the party list system to
○ Minor adjustments does not involve change be entitled a party list seat.
the allocation per district. (EXAMPLE: error ○ Congress wants to ensure that only those parties
in the correct name of a particular having a sufficient number of constituents
municipality or when a municipality in deserving of representation are actually
between which is still in the territory of one represented in Congress.
assigned district is forgotten.) ● FORMULA:
Determination of total no. of party list
4. AQUINO VS. COMELEC representatives
= #district representatives/.80 x .20
 3

● Is the three-seat limit in Sec 11(b) of RA 7941

Additional representatives of first party constitutional?
= #of votes of first party/ # of votes of ○ The three-seat cap, as a limitation to the number
party list system of seats seat cap, as a limitation to the number of
seats that a qualifies party list organization may
Additional seats for concerned party occupy, remains a valid statutory device that
=# of votes of concerned party/ # votes of prevents any party from dominating party list
first party x additional seats for concerned party elections.
● Two percent threshold requirement and three-seat ● Is the two percent threshold prescribed in Sec
limit constitutional? 11(b) of RA 7941 to qualify for one seat
○ Yes! constitutional?
○ In imposing 2% threshold, congress wanted to ○ In computing allocation of additional seats, the
endure that only those parties, organizations and continued operation of 2% threshold for
coalitions having a sufficient number of distribution of additional seats is unconstitutional.
constituents deserving of representation are actually The 2% threshold makes it mathematically
represented in the Congress. impossible to achieve the maximum number of
○ Consistent not only with intent of framers but with available party list seats when the number of
the very essence of “representation”. available party list exceeds 50.
● How should the additional seats of qualified party ● How shall the party list representative seats be
be determined? allocated?
○ STEP 1: rank all the participating parties, ○ The percentage of votes garnered by each
organizations and coalitions from the highest to the partylist candidate is arrived at by dividing the
lowest based on the number of votes they each number of votes garnered by each party by the
received. total number of votes cast for partylist candidates.
The ratio for each party is computed by ○ 2 steps in the second round of seat allocation:
dividing its votes cast for all the parties FIRST: percentage is multiplied by the
participating. All parties with at least two percent available seats, which is the difference between
of the total votes are guaranteed one seat each. the maximum seats reserved under party list
Only these parties shall be considered in system and the guaranteed seats of the two-
the computation of additional seats. percenters. The whole integer of the product of
The party receiving the highest number of percentage and and of remaining available seats
votes shall be referred to as the “first” party. corresponds to a party’s share in the remaining
available seats.
○ STEP 2: determine the number of seats the first
party is entitled to, in order to be able to compute SECOND: we assign one party list seat
that for that for the other parties. to each of the parties next in rank until all
The number of seats to be allotted to the available seats are completely disturbed. We
other parties cannot possibly exceed that to which distributed all of the remaining seats in the second
the first party is entitled by virtue of its obtaining round of seat allocation. Finally, we apply the
the most number of votes. three-seat cap to determine the number of seats
each qualified party list candidate is entitled.
○ STEP 3: solve for the number of additional seats ● Does the constitution prohibit the major political
that the other qualified parties are entitled to, based parties from participating in the party list
on proportional representation. election? If not, can the major political parties be
barred from participating in the party list
6. BANAT VS COMELEC election?
● Is the 20% allocation of party list rep sec. 5(2), ○ Neither the consti nor RA 7941 prohibits major
Article VI of consti mandatory or merely a political parties from participating in the party list
ceiling? system.
○ Neither the consti not RA 7941 mandates the
filing up of the entire 20% allocation of party list 7. ANG BAGONG BAYANI - OFW LABOR
representative found in the constitution. However PARTY VS COMELEC
we cannot allow the continued existence of a ● Petition praying that “the names of (respondents)
provision in the law which will systematically be deleted from Certified list of political parties
prevent the constitutionally allocated 20% party participating in Party list system for election.
list representatives from being filled.
 4

● Votes cast for the said respondents not be counted ○ what COMELEC did was merely follow existing
or canvassed. jurisprudence set forth by the SC in its earlier
● Political parties may participate in the party list rulings. So for purposes of setting uniform
elections? standards and understanding of the party-list
○ Yes! system in the Philippines, the Court provides a
○ Political parties, even the major ones, may lengthy account of the history and dynamics of the
participate in the party-list elections. Under the party-list system as embodied in the 1987
Constitution and RA 7941, private respondents Constitution and as envisioned by the Framers, and
cannot be disqualified from the party-list institutes new guidelines to be used in resolving
elections, merely on the ground that they are issues of similar nature in the future.
political parties. Section 5, Article VI of the
Constitution provides that members of the House ADDITIONAL NOTES IN THE CASE:
of Representatives may "be elected through a Q: Where can the party-list system be
party-list system of registered national, regional, found in the 1987 Constitution?
and sectoral parties or A: Section 5, Art. VI; Sections 7 and 8,
organizations."Furthermore, under Sections 7 and Art. IX-C
8, Article IX (C) of the Constitution, political
parties may be registered under the party-list Q: What is the rationale behind the party-
system. For its part, Section 2of RA 7941 also list system?
provides for "a party-list system of registered A: To democratize political power by
national, regional and sectoral parties or giving political parties that cannot win in legislative
organizations or coalitions thereof, x x x." Section district elections a chance to win seats in the House
3 expressly states that a "party" is "either a of Representatives.
political party or a sectoral party or a coalition of
parties." Q: Is the party-list system synonymous
● Party list system is exclusive to “marginalized with sectoral representation?
and underrepresented” sectors and organizations? A: No. Under the party-list system, all
○ No! voters get to have two votes: one for their choice of
○ That political parties may participate in the party- legislative district representative, and another for
list elections does not mean,however, that any their choice of party-list representative. But under
political party -- or any organization or group for sectoral representation, majority of the electorate
that matter -- may do so. The requisite character will only have one vote, which is for their choice of
of these parties or organizations must be legislative district representative. In contrast,
consistent with the purpose of the party-list members of sectoral communities (e.g. farmers,
system, as laid down in the Constitution and laborers, indigenous cultural communitoes, etc.)
RA7941. Section 5, Article VI of the will have two votes: one for their district
Constitution. The provision on the party-list representative and another for their choice of
system is not self-executory. It is, in fact, sectoral representative. In other words, sectoral
interspersed with phrases like "in accordance with representation is discriminatory.
law" or "as may be provided by law"; it was thus
up to Congress to sculpt in granite the lofty Q: Is the party-list system exclusive to
objective of the Constitution. Hence, RA 7941 sectoral parties?
was enacted. A: No. The party-list system is open to
both sectoral and non-sectoral groups. The framers
8. ATONG PAGLAUM VS COMELEC intended sectoral groups to constitute a part, but not
● COMELEC ruled that these party list groups failed the entirety, of the party-list system.
to represent a marginalized and underrepresented
sector, their nominees do not come from a Q: Who can participate in party-list
marginalized and underrepresented sector, and/or elections?
some of the organizations or groups are not truly A: As per Section 5(1) of Art. VI of the
representative of the sector they intend to represent 1987 Constitution, any of the following can take
in the Congress. part in party-list elections: national parties and
● COMELEC committed grave abuse of discretion in organizations, regional parties and organizations,
disqualifying petitioners? and sectoral parties and organizations.
○ NO!
 5

Q: What is the enabling law of the party-

list system? Q: What are the new parameters that
A: RA No. 7941, or the Party-List System party-list groups should adhere to according to the
Act. Court in the instant case?
A: The Court enumerated six parameters.
Q: Do party-list groups need to represent See last sections of the Court ruling for the list.
the marginalized and underrepresented sectors?
A: No. Art. 6 of RA No. 7941 identifies Q: What is the final ruling of the Court in
six grounds for disqualification of a party-list this case?
group, and none of these grounds touches on the A: The Court remands the cases back to
failure of a party to represent the marginalized and COMELEC to determine whether or not the 52
underrepresented. For non-sectoral groups, it is petitioners are qualified to participate in the May
enough that its members are united in their cause or 2013 elections using the six parameters laid down
ideology. But for sectoral groups, a majority of by the Court.
their members must come from marginalized and
underrepresented sectors.
9. ANG LADLAD LGBT PARTY VS
Q: What are the marginalized and COMELEC
underrepresented sectors? ● Application was denied on the ground that the
A: Section 5 of RA No. 7941 lists the organization had no substantial membership base.
following as marginalized and underrepresented ● COMELEC: petitioners have no concrete and
sectors: labor, peasant, fisherfolk, urban poor, genuine national political agenda to benefit the
indigenous cultural communities, handicapped, nation.
veterans, overseas workers, and other similar ● Petitioner should be accredited as a partylist
sectors. organization?
○ Yes!
Q: Can major political parties join in ○ The enumeration of marginalized and
party-list elections? underrepresented sectors is not exclusive. The crucial
A: Yes, but only through their sectoral element is not whether a sector is specifically
wings. The initial impression is that: (a) major enumerated, but whether particular organization
political parties do not represent marginalized and complies with the requirements of constitution in RA
underrepresented sectors, and (b) major political 7941.
parties have well-defined constituencies. However, ○ Ang LADLAD has sufficiently demonstrated its
the 1987 Constitution and RA No. 7941 allow them compliance with legal requirements for accreditation.
to participate in party-list elections so as to Nowhere in the records has the respondent ever
encourage them to work assiduously in extending found/ruled that and LADLAD is not qualified to
their constituencies to the marginalized and register as a party list organization under any
underrepresented and those who lack well-defined requisites under RA 7941.
constituencies. The creation of sectoral wings is
allowed as per Section 3 of RA No. 7941. 10. PALPARAN VS HRET
● Lesaca and the others alleged that Palparan was
Q: Should party-list nominees be part of ineligible to sit in the House of Representatives as
the sector they seek to represent? party-list nominee because he did not belong to the
A: In BANAT v. COMELEC, the Court marginalized and underrepresented sectors that
held that party-list nominees must come from the Bantay represented, namely, the victims of
sector they seek to represent. Thus, a party-list communist rebels, Civilian Armed Forces
representing farmers should have farmer nominees, Geographical Units (CAFGUs), former rebels, and
too. This was one of COMELEC's bases in security guards.
disqualifying the 52 petitioners. However, the ● Petitioner Palparan countered that the HRET had
Court reverses its ruling in BANAT v. COMELEC no jurisdiction over his person since it was actually
by instituting new parameters, including the the party-list Bantay, not he, that was elected to and
guidelines for the choice of nominees. Under the assumed membership in the House of
new parameters, a nominee may either be a Representatives. Palparan claimed that he was just
member of the sector he seeks to represent or at the Bantay’s nominee.
very least, should have a track record of advocacy ● HRET has jurisdiction concerning the eligibilities?
for such sector.
 6

○ HRET has jurisdiction. As this Court also held in to disqualify the nominees of certain party-list
Bantay Republic Act or BA-RA 7941 v. organizations. Meanwhile petitioner Rosales, in
Commission on Elections, a party-list G.R. No. 177314, addressed 2 letters to the
representative is in every sense "an elected member Director of the Comelec’s Law Department
of the House of Representatives." Although the requesting a list of that groups’ nominees.
vote cast in a party-list election is a vote for a party, ● Can the Court cancel the accreditation accorded
such vote, in the end, would be a vote for its by the Comelec to the respondent party-list
nominees, who, in appropriate cases, would groups named in their petition on the ground that
eventually sit in the House of Representatives. these groups and their respective nominees do not
appear to be qualified?
○ Both the Constitution and the Party-List System ○ The Court is unable to grant the desired plea of
Act set the qualifications and grounds for petitioners BA-RA 7941 and UP-LR for
disqualification of party-list nominees. cancellation of accreditation on the grounds thus
advanced in their petition. The exercise would
○ In the cases before the Court, those who challenged require the Court to make a factual determination,
the qualifications of petitioners Abayon and a matter which is outside the office of judicial
Palparan claim that the two do not belong to the review by way of special civil action for
marginalized and underrepresented sectors that they certiorari. In certiorari proceedings, the Court is
ought to represent. The Party-List System Act not called upon to decide factual issues and the
provides that a nominee must be a "bona fide case must be decided on the undisputed facts on
member of the party or organization which he seeks record. The sole function of a writ of certiorari is
to represent." to address issues of want of jurisdiction or grave
abuse of discretion and does not include a review
11. PHIL GUARDIANS BROTHERHOOD VS of the tribunal’s evaluation of the evidence. Also,
COMELEC the petitioner’s posture that the COMELEC
● Respondent delisted petitioner, a party list committed grave abuse of discretion when it
organization, from the roster of registered granted the assailed accreditations without
national, regional or sectoral parties, simultaneously determining the qualifications of
organizations or coalitions under the party-list their nominees is without basis, Nowhere in R .A.
system through its resolution, denying also the No. 7941 is there a requirement that the
latter’s motion for reconsideration, in accordance qualification of a party-list nominee be
with Section 6(8) of Republic Act No. 7941 (RA determined simultaneously with the accreditation
7941), otherwise known as the Party-List System of an organization.
Act
● Whether or not there is legal basis in the delisting Section 6. No person shall be a Member of the House of
of PGBI? Representatives unless he is a natural-born citizen of the
○ No. The MINERO ruling is an erroneous Philippines and, on the day of the election, is at least
application of Section 6(8) of RA 7941; hence, it twenty-five years of age, able to read and write, and,
cannot sustain PGBI’s delisting from the roster of except the party-list representatives, a registered voter in
registered national, regional or sectoral parties, the district in which he shall be elected, and a resident
organizations or coalitions under the party-list thereof for a period of not less than one year immediately
system. First, the law is in the plain, clear and preceding the day of the election.
unmistakable language of the law which provides
ROMUALDEZ-MARCOS v COMELEC
for two (2) separate reasons for delisting. Second,
MINERO is diametrically opposed to the  Montejo incumbent congressman of leyte filed a
legislative intent of Section 6(8) of RA 7941, as petition for the disqualification of Imelda
PGBI’s cited congressional deliberations clearly  Ground because Imelda lacks residency requirement
show. MINERO therefore simply cannot stand. of 1 year.
 Imelda only lived in Tolosa recently and have yet to
12. BANTAY REPUBLIC ACT VS COMELEC reside in the firs district.
● A number of organized groups filed the necessary  Petitioner contends Imelda resides in various places.
manifestations and subsequently were accredited
HELD: Tolosa remains as the domicile of origin of Imelda.
by the Comelec to participate in the 2007
elections. Bantay Republic Act (BA-RA 7941)  Despite her own declaration in her COC that she
and the Urban Poor for Legal Reforms (UP-LR) resided in the district for only 7 months because of the
filed with the Comelec an Urgent Petition seeking following:
 7

1. A minor follows the domicile of his parents a. Actual removal or an actual change of
2. Tacloban became Imelda’s domicile of origin by domicile
operation of law when her father bought the family to b. Bona fide intention of abandoning the former
leyte place of residence and establishing a new one
3. Domicile of origin is lost only when: c. Acts which correspond with the purpose.
 there is an actual removal or change of domicile
Only with evidence showing concurrence of all three
a bonafide intention of abandoning the former
requirements can the presumption of continuity or residence
residence and establishing a new one
be rebutted, for a change of residence requires an actual and
acts correspond with the purpose
deliberate abandonment, and one cannot have two legal
In the absence of clear and positive proof of
residences at the same time.
occurrence of all these, THE DOMICILE OF ORIGIN
SHOULD BE DEEMED TO CONTINUE. To effect an abandonment requires the voluntary act of
 In Civil Law, the wife does not automatically acquire relinquishing petitioner's former domicile with an intent to
the husband’s domicile because of the term residence. supplant the former domicile with one of her own choosing.
the term “RESIDENCE” in civil law is different
from the term “RESIDENCE” in political law. BTX NOTES

CIVIL CODE There is a difference between domicile and Q: May a person of dual citizenship run for Senate?
residence. Both terms imply relations between a person and
A: Yes, because what the law disallows is dual allegiance,
a place. BUT IN RESIDENCE the relation is one of fact
which is inimical to national interest. When a person has
while IN DOMICILE it is legal or juridical independent
dual citizenship, he is a citizen of two different countries by
of the necessity of physical presence.
virtue of two different laws governing in said countries. For
Hence, when Imelda married Marcos, she kept her domicile example, X has Filipino parents and was born in the United
or origin. States. By virtue of jus sanguinis (citizenship by blood), he
is a citizen of the Philippines. But since he was born in the
Residence implies factual relationship of an individual to United States, he is also considered as a citizen there
a certain place. because the United States follows jus soli (citizenship by
it is the physical presence of a person in a given area, place of birth). It was never his fault to be in that kind of
community or country. situation. What the Constitution abhors is a situation
wherein, a Filipino citizen has made an oath of allegiance
Domicile Residence with a foreign country and has become a citizen of such
When a person intent is It involves an intent to country, yet, maintains his or her Filipino citizenship. (See
to remain. leave when the purpose Edu Manzano Case)
of the resident ends.
A person can only have It is normal to have Q: May the Congress provide additional qualifications?
a single domicile different residences in
UNLESS for various various places. A: No, because the list of qualifications provided in the
reasons, he abandons Constitution is exclusive. Expressio unius est exclusio
his domicile in favor of alterius. The express mention of one thing excludes all the
another domicile of others.
choice.
It denotes a fixed It is used to indicate a Q: What is the difference between domicile and residence?
permanent residence to place of abode
which when absent, one (temporary or A: For purposes of Political Law, the term “residence” is
has an intention of permanent) synonymous with “domicile”. It is the place where one
returning. habitually resides and to which, when he is absent, he has
the intention of returning. It imparts not only intention to
Residence is not domicile, but domicile is residence coupled reside in a fixed place but also personal presence in that
with the intention to remain for an unlimited time. place adopted with conduct indicative of such intention.

FOR POLITICAL PURPOSES residence for election In the case of Romualdez-Marcos vs COMELEC, it was
purposes is used synonymously with domicile. held that:

Mode of losing Domicile of Origin 1) Minor follows domicile of parents.

1. Minor follows the domicile of his parents 2) Wife does not automatically gain husband’s domicile.
2. Domicile of origin is not easily lost. To
3) Domicile of origin is lost only when there is: a) Actual
successfully effect a change of domicile, one must
removal or change of domicile; b) Bona fide intention of
demonstrate:
 8

abandoning the former residence and establishing a new election, the Court or Commission shall continue with the
one; and c) Acts which corresponds with the purpose trial and hearing of the action, inquiry or protest and, upon
motion of the complainant or any intervenor, may during the
AQUINO vs COMELEC
pendency thereof order the suspension of the proclamation
 Aquino’s residence requirement is being contended as of such candidate whenever the evidence of guilt is strong.
he intends to run for congress in the district of Makati. (RA 6646)
 He contends that his lease of a condo unit in Makati is
not only is a disqualification case against a candidate is
indicative that he chose Makati to be his domicile not
allowed to continue after election, but his obtaining the
residence
highest number of votes will not result in the suspension or
HELD: Leasing of a condo unit is by no means indicative of termination of the proceedings against him when the
his desire to make Makati his domicile considering he was evidence of guilt is strong.
still known resident of Tarlac for the past 52 years and his
CO vs HRET
birthplace.

Theory of Legal Impossibility the theory that it would be  Ong is a candidate for congressional election being
assailed as to his qualification that his being a natural
impossible to impose the 1 year residency requirement in a
born citizen is questionable and not having complied
newly created political district since it has only been 4
with the residency requirement.
months since its creation.
HELD: He is a natural born citizen.
Residence is equivalent to domicile for election purposes,
domicile is not synonymous with residence. His father was already naturalized while he was 9 yrs old
and his mother is a Filipina.
 In order for the petitioner to qualify as a candidate,
he must prove that he has established not just Ong has no intention to abandon his domicile of origin
residence but domicile of choice. despite having stayed in manila to study or pursue his
career.
The constitution requires that a person seeking election to
the HOR should be a resident of the district in which he Even is a person does not own a property it is not
seeks for a period of not less than 1 year prior to the required in establishing compliance with the residency
election. requirement.
CO vs ELECTORAL TRIBUNAL OF HORit should be The Constitution only requires that the candidate meet the
by domicile and not physical and actual residence. age, citizenship, voting and residence requirements.
Nowhere is it required by the Constitution that the
Where a party actually or constructively has his permanent
candidate should also own property in order to be qualified
home, where he no matter where he may be found at any
to run.
given time, eventually intends to return and remain, his
domicile is that to which the constitution refers when it FRIVALDO vs COMELEC
speaks of residence for the purpose of election law.
 Frivaldo was proclaimed as the Governor of Sorsogon
Before proclamation and before taking the oath of office, the and assumed office.
qualifications of candidatesin office shall be within the  The League of Municipalities filed with the
jurisdiction of the comelec. COMELEC a petition for the annulment of Frivaldo
Ground—he was not a Filipino citizen, having been
the electoral tribunal assumes jurisdiction over all
naturalized in the states.
contests relative to the election returns and qualifications of
 Frivaldo admitted the allegation but pleaded the special
candidates for either the Senate and the House only when
affirmative defenses that he was naturalized as
the latter becomes members of either Senate or HOR. American only to protect himself against Pres. Marcos
A candidate who has not been proclaimed and who has not  He claims that he acquired PH citizenship by virtue of
yet taken his oath of office cannot be said to be a member of a valid repatriation.
the HOR (Section 17 Sec 6) HELD: The fact that he was elected does not excuse his
violation of the rule limiting public office and employment
Sec. 6. Effect of Disqualification Case. — Any candidate,
only to the citizen of the country.
who has been declared by final judgment to be disqualified
shall not be voted for, and the votes cast for him shall not be The qualification prescribed for elective office cannot be
counted. If for any reason a candidate is not declared by erased by the electorate alone.
final judgment before an election to be disqualified and he is
voted for and receives the winning number of votes in such
 9

The will by the people cannot be cure the vice of attributes or characteristics, employment, interests or
ineligibility, especially if they mistakenly believed that the concerns.
candidate was qualified.
A coalition refers to an aggrupation of duly registered
If a person seeks to serve in the Republic of the Philippines, national, regional, sectoral parties or organizations for
he must owe his total loyalty to this country only, abjuring political and/or election purposes
and renouncing all fealty and fidelity to any other state.
Registration manifestation to participate in the Party-List
The status of the natural born is favored by the constitution System
which is all more reason why it should be treasured like a
pearl with a great price—but once it is surrendered and  Any organized group of persons may register as a
party, organization or coalition for purposes of the
renounced, the gift is gone and cannot be lightly restored.
party-list system by filing with the COMELEC not
Section 7. The Members of the House of Representatives later than 90 days before the election a petition verified
shall be elected for a term of three years which shall by its president or secretary stating its desire to
begin, unless otherwise provided by law, at noon on the participate in the party-list system as a national,
thirtieth day of June next following their election. No regional or sectoral party or organization or a coalition
Member of the House of Representatives shall serve for of such parties or organizations. Any party,
organization or coalition already registered with the
more than three consecutive terms. Voluntary
COMELEC need not register anew, but shall file with
renunciation of the office for any length of time shall not
the COMELEC not later than 90 days before the
be considered as an interruption in the continuity of his
election a manifestation of its desire to participate in
service for the full term for which he was elected. the party-list system.
Limitation: Shall not serve for more than three consecutive Refusal and or Cancellation of Registration
terms.
The COMELEC may, motu proprio or upon a verified
THE PARTY-LIST SYSTEM [R.A. 7941 (The Party- complaint of any interested party, refuse or cancel, after due
List System Act)] notice and hearing, the registration of any national, regional,
SECTION 3—DEFINITION OF TERMS or sectoral party, organization or coalition on any of the
following grounds:
Party list system it is a mechanism of proportional
representation in the election of representative to the House a) it is a religious sect or denomination, organization or
of Representation from national, regional and sectoral association organized for religious purposes;
parties or organizations or coalitions registered in the b) it advocates violence or unlawful means to seek its goal;
COMELEC.
c) it is a foreign party or organization;
A party means either a political party or a sectoral party or
a coalition of parties. d) it is receiving support from any foreign government,
foreign political party, foundation, organization, whether
A political party refers to an organized group of citizens directly or through any of its officers or members, or
advocating an ideology or platform, principles and policies indirectly through third parties, for partisan election
for the general conduct of government and which, as the purposes;
most immediate means of securing their adoption, regularly
nominates and supports certain of its leaders and members e) it violates or fails to comply with laws, rules or
as candidates for public office. regulations relating to elections;

It is a national party when its constituency is spread over f) it declares untruthful statements in its petition;
the geographical territory of at least a majority of the
g) it has ceased to exist for at least one year; and
regions. It is a regional party when its constituency is
spread over the geographical territory of at least a majority h) it fails to participate in the last two preceding elections or
of the cities and provinces comprising the region. fails to obtain at least 2% of the votes cast under the party-
list system in the two preceding elections for the
A sectoral party refers to an organized group of citizens
constituency in which it has registered.
belonging to any of the sectors enumerated in Section 5
hereof whose principal advocacy pertains to the special Manner of Voting
interest and concerns of their sector,
Every voter shall be entitled to 2 votes.
A sectoral organization refers to a group of citizens or a
coalition of groups of citizens who share similar physical 1st vote vote for the candidate for member of the HOR in
his legislative district
 10

2nd vote for the party, organization or coalition he wants 4. the party must not be disqualified under RA 7941;
represented in the HOR; provided that a vote cast for a 5. the party must not be an adjunct of an entity or
party, sectoral organization or coalition not entitled to be project funded by the government;
voted shall not be counted. 6. the party and its nominees must comply with the
requirements of the law;
COMELEC has a duty to disclose and release the names 7. the nominee must also represent a marginalized or
of the nominees of the party-list groups under Sec 7, Art 3 under-represented sector
of the Constitution. 8. the nominee must be able to contribute to the
foundation and enactment of appropriate legislation
Number that will benefit the nation.
Party-list representative shall constitute 20% of the total Choosing Party-List Representative
number of the member of the HOR including those under
the party-list. They are proclaimed by the COMELEC based on the names
submitted by the respective parties, organizations or
Procedure in determining the allocation of seats for the coalitions to the COMELEC according to their ranking in
second vote: the list.
a) the parties, organizations and coalitions shall be Effect of Change of Affiliation
ranked from the highest to the lowest based on the
number of votes they garnered during the elections; Any elected party-list representative who changes his
and political party or sectoral affiliation during his term of office
b) b) the parties, organizations and coalitions shall forfeit his seat; provided that if he changes his political
receiving at least 2% of the total votes cast for the party or sectoral affiliation within 6 months before an
party-list system shall be entitled to one-seat each; election, he shall not be eligible for nomination as party-list
provided, that those garnering more than 2% of the representative under his new party or organization.
votes shall be entitled to additional seats in
proportion to their total number of votes; provided, Vacancy it shall be automatically filled by the NEXT
finally, that each party, organization or coalitions REPRESENTATIVE FROM THE LIST OF NOMINEES in
shall be entitled to not more than three (3) seats. the order submitted to the COMELEC by the same party,
organization or coalition.
4 inviolable parameters:
 The next representative shall only serve for the
a) the 20% allocation: the combined number of all
UNEXPIRED TERM.
party-list congressman shall not exceed 20% of the
 If the list is exhausted—the party, organization or
total membership of the House of Representatives;
coalition concerned shall submit additional
b) the 2% threshold: only those parties cgarnering a
nominees.
minimum of 2% of the total valid votes cast for the
party-list system are qualified to have a seat in the Term of officeparty list representative shall be:
House;
c) the three-seat limit: each qualified party, regardless 1. elected for a term of 3 years and;
of the number of votes it actually obtained, is 2. shall be entitled to the same salaries and
entitled to a maximum of three seats; emoluments as regular members of the HOR.
d) proportional representation: the additional seats
Section 8. Unless otherwise provided by law, the regular
which a qualified party is entitled to shall be
computed “in proportion to their total number of election of the Senators and the Members of the House of
votes”. Representatives shall be held on the second Monday of
May
Additional Seats = (Votes Cast for Qualified Party / Votes
Cast for First Party) x Alloted Seats for First Party Kinds of Election

Guidelines to be followed in order that a political party Regular Election shall be held on the 2nd Monday of May
registered under the party list system may be entitled to unless otherwise provided by law. (Section 8, Article 6)
a seat in the HOR:
Special Election to fill a vacancy, but elected member
1. must represent the marginalized and under- shall only serve for the unexpired portion of the term
represented sectors; (Section 9, Article 6)
2. major political parties must comply with this
DIMAPORO vs MITRA
statutory policy;
3. ang bagong buhay hayaang yumabong (as a party)
must be subject to the express constitutional
prohibition against religious sect;
 11

 Dimaporo was elected as representative for the 2nd calling for a special election, SHALL HOLD A SPECIAL
legislative district of Lanao Del Sur and took his oath ELECTION TO FILL SUCH VACANCY.
on January 9, 1987.
 Petitioner filed with COMELEC a COC for the If the congress is in recess
position of Governor in ARMM. an official communication on the existence of the vacancy
 Election day—February 17,1990 and call for a special election by the President of the Senate
 Respondent Speaker, excluded Dimaporo’s name from or by Speaker of the HOR shall be sufficient for such
the Roll of Members of the HOR.
purpose.
 sec.67, Art.IX of the Omnibus Election Code, which
states: “Any elective official whether national or local Section 2
running for any office other than the one which he is
holding in a permanent capacity except for President COMELEC- shall fix the date of the special election not be
and Vice President shall be considered ipso facto (by earlier than forty-five (45) days not later than ninety (90)
the mere act) resigned from his office upon filing of his days from the date of such resolution or communication,
certificate of candidacy.” stating among other things the office or offices to be voted
 Petitioner’s argument he did not lose his seat for: provided, however, that if within the said period a
because Sec 67 Article 9 of BP blg 881 is not operative general election is scheduled to be held, the special election
under the present constitution. shall be held simultaneously with such general election
HELD: there is forfeiture of Dimaporo’s seat in the HOR. Section 3.
Forfeiture is automatic and permanently effective upon The Commission on Elections shall send copies of the
filing of the COC for another officenothing save a new resolution, in number sufficient for due distribution and
election or appointment can restore the ousted official. publication, to the Provincial of City Treasurer of each
province or city concerned, who in turn shall publish it in
The wording of the law plainly indicates that only the date
their respective localities by posting at least three copies
of filing of the certificate of candidacy should be taken into
thereof in as many conspicuous places in each of their
account. The law does not make the forfeiture dependent
election precincts, and a copy in each of the polling places
upon the future contingencies, unforeseen and
and public markets, and in the municipal buildings.
unforeseeable, since the vacating is expressly made as of the
moment of the filing of the certificate of candidacy. Section 9. In case of vacancy in the Senate or in the House
of Representatives, a special election may be called to fill
Terms vs Tenure
such vacancy in the manner prescribed by law, but the
The term of office prescribed by the Constitution may not be Senator or Member of the House of Representatives thus
extended or shorted by the legislature but elected shall serve only for the unexpired term.

The period during which an officer hold the office (tenure) Section 10. The salaries of Senators and Members of the
may be effected by the circumstances within or beyond the House of Representatives shall be determined by law. No
power of said officer. increase in said compensation shall take effect until after
the expiration of the full term of all the Members of the
Tenure may be shorter than the term or it may not exist at Senate and the House of Representatives approving such
all. increase.
When an elective official files a COC for another office, he Section 11. A Senator or Member of the House of
is deemed to have voluntarily cut short his tenure, not his Representatives shall, in all offenses punishable by not
term. more than six years imprisonment, be privileged from
The term will remain and his successor is allowed to serve arrest while the Congress is in session. No Member shall
its unexpired portion be questioned nor be held liable in any other place for any
speech or debate in the Congress or in any committee
RA 6645—AN ACT PRESCRIBING THE MANNER thereof
OF FILING A VACANY IN THE CONGRESS OF THE
PHILIPPINES FREEDOM FROM ARREST

Section 1 Art. 145, Revised Penal Code, which provides: “The penalty
of prision mayor shall be imposed upon any person who
In case a vacancy arises in the Senate ast least 18 months or shall use force, intimidation, threats, or fraud to prevent
in the HOR at least 1 year before the next regular election: any member of the National Assembly (Congress of the
Philippines) from attending the meetings of the
the COMELEC upon receipt of a resolution of the Senate
Assembly (Congress) or of any of its committees or
or HOR, certifying to the existence of such vacancy and
 12

subcommittees, constitutional commissions or Resolution No. 59 found Osmena guilty of serious

committees or divisions thereof, from expressing his disorderly behavior
opinions or casting his vote; and the penalty of prision  The house approve the resolution on the same day
correccional shall be imposed upon any public officer or before closing its session, declaring him guilty and
employee who shall, while the Assembly (Congress) is in suspending him from office for 15 months.
regular or special session, arrest or search any member HELD: There is no question that Congressman Osmena
thereof, except in case such member has committed a made a serious imputation of bribery against the President.
crime punishable under this Code by a penalty higher than
prision mayor. “ The House is the judge of what constitutes disorderly
behavior, not only because the Constitution has conferred
jurisdiction upon it, but also because the matter depends
JIMENEZ vs CABANGBANG mainly on factual circumstances of which the House knows
best.
 Civil action instituted by plaintiff Jimenez for the
recovery of several sums of money, by way of The House has exclusive powers and the courts have no
damages for the publication of an allegedly libelous jurisdiction to interfere.  this is based on the Separation of
letter of the defendant. Powers.
 Defendant moved to dismiss, contending that the letter
The resolution does not violate the constitutional
is not libelous and is considered a privileged
parliamentary immunity for speeches delivered in the
communication.
House.
 According to the complaint herein, it was an open
letter to the President of the Philippines, dated The constitution enshrines parliamentary immunity which is
November 14, 1958, when Congress presumably was fundamental privilege in every legislative assembly of the
not in session, and defendant caused said letter to be
democratic world.
published in several newspapers of general circulation
in the Philippines, on or about said date.  HOWEVER, this does not protect the public
official from responsibility before the legislative
HELD: The letter is not libelous. publication does not fall
body whenever his words and conduct are
within the purview of the phrase “speech and debate
considered disorderly or unbecoming of a member.
therein” – that is to say in Congress – used in Art.VI, sec.15
 For unparliamentary conduct, members of the
of the Constitution.
parliament or of Congress have bee, or could be
The expression refers to utterances made by the censured, committed to prison, suspended, even
Congressmen in the performance of their function such as expelled by the votes of their colleagues.
speeches delivered, statements made or votes cast in the MEMBERS OF CONGRESS ENJOY ABSOLUTE
halls of Congress whether the same is in session or not, and PARLIAMENTARY IMMUNITY OF PRIVILEGED
other acts performed by Congressmen, either in Congress or SPEECH, BUT THEY MAY BE HELD ANSWERABLE
outside the premises housing its offices, in the official BY THE CONGRESS ITSELF.
discharge of their duties as members of Congress and of
Congressional Committees duly authorized to perform its Section 15, Article VI of our Constitution provides that "for
functions as such at the time of the performance of the acts any speech or debate" in Congress, the Senators or Members
in question. of the House of Representative "shall not be questioned in
any other place."
It is obvious that, in thus causing the communication to be
so published, he was not performing his official duty, either  the members of Congress may, nevertheless, be
as a member of Congress or as officer of any Committee questioned in Congress itself. Observe that "they
thereof. Hence, the said communication is not absolutely shall not be questioned in any other place" than
privileged. Congress.

Parliamentary Immunity it is a fundamental privilege

cherished in every legislative assembly of the democratic
OSMENA vs PENDATUM world.

 Congressman Osmena ina privileged speech delivered its purpose "is to enable and encourage a representative of
before the HOR made serious imputations of bribery the public to discharge his public trust with firmness and
against the President. success" for "it is indispensably necessary that he should
 Congressman Pendatum and 14 others as members of enjoy the fullest liberty of speech, and that he should be
Special committee created by HOR created House protected from the resentment of every one, however
 13

powerful, to whom exercise of that liberty may occasion purpose or of the falsity and mala fides of the statement
offense." uttered by the member of the Congress does not destroy the
privilege.
POBRE vs DEFENSOR SANTIAGO
The court does not accept the allegation of Senator
 JBC sent a public invitation for nominations to the Santiago that she delivered her privilege speech as a
soon to be vacated position of Chief Justice
prelude to crafting remedial legislation on the JBC.
 Defensor Santiago applied for the position
 JBC then informed the applicants that only justices of  A careful re-reading of her utterances would readily
the SC could qualify for the position show that her statements were expressions of personal
 Sen Miriam then delivered a speech on the senate anger and frustration at not being considered for the
attacking the statement made by the JBC. post of Chief Justice.
 Pobre filed a letter of complaint and invites the Court’s
attention to the excerpt of Sen Miriam’s speech. In a sense, therefore, her remarks were outside the pale
 Pobre contends that such statements reflected a total of her official parliamentary functions. Even
disrespect towards Chief Justice Panganiban and other parliamentary immunity must not be allowed to be
members of the curt. used as a vehicle to ridicule, demean, and destroy the
 Sen Miriam answered that the purpose of her speech is reputation of the Court for disgust. Parliamentary
to bring out the open controversial anomalies in the immunity is not an individual privilege rather a
governance with a view to future remedial legislation. privilege for the benefit of the people and the
She wanted to expose what she believed to be unjust institution that represents them.
act of the JBC.
 Sen Miriam explained that those statements were
covered by the constitutional provision of ADDITIONAL BTX NOTES
parliamentary immunity, being part of a speech she
delivered in the discharge of her duty as a member of Q: What are the qualifications of a senator?
the Congress.
A: The following are the qualifications of a senator: (V-
 Section 11 Article 6 No member shall be questioned
N3RY = vaginal entry) 1) Registered Voter; 2) Natural-
or held liable in any other place for any speech and
born citizen of the Philippines; 3) At least thirty-five (35)
debate in the Congress or in any committee.
years of age on the day of the election; 4) Able to Read and
HELD: The Supreme Court dismissed the disbarment write; and 5) Resident of the Philippines for not less than
charge against Sen. Miriam because it is barred by the two (2) Years immediately preceding the day of the
Constitution from doing so. election (Sec. 3, Art. VI)

To the Court, the lady senator has undoubtedly crossed the Q: Who is a natural-born citizen?
limits of decency and good professional conduct. It is at
A: He is a citizen of the Philippines from birth without
once apparent that her statements in question were
having to perform any act to acquire or perfect his/her
intemperate and highly improper in substance.”
Philippine citizenship.
The Supreme Court also noted that the Rules of the Senate
Q: What does the 35 year age requirement mean? A: He
contains a provision on “Unparliamentary Acts and
must be 35 years old when the polls are opened and the
Language” that enjoins a Senator from using, under any
votes are cast, and not on the day of the proclamation.
circumstance, “offensive or improper language against
another Senator or against any public institution” (which Q: What is term of a Senator?
means that parliamentary immunity is not absolute).
A: The term of a senator is for six (6) years, commencing at
However, the Court said, the Senate President had not noon on the thirtieth (30th) day of June next following
apparently called her to order, let alone referred the matter his/her election, provided, that no senator shall serve for
to the Senate Ethics Committee for appropriate disciplinary more than two (2) consecutive terms.
action, as the Rules dictates under such circumstance
Q: How are Senators elected?
Without parliamentary immunity, parliament, or its
equivalent, would degenerate into a polite and ineffective A: They are elected at large. Senatorial candidates submit
debating forum. Parliamentary Immunity is not for private themselves to a vote of the entire national electorate.
indulgence, but for the public good.

Courts do not interfere with the legislature or its members

in the manner they perform their functions in the legislative
floor or in committee rooms. Any claim of an unworthy