III.

LEGISLATIVE DEPARTMENT

A. Party-List

Veteran Federation Party v. Comelec

G.R. No. 136781 (October 6, 2000)
FACTS: The Comelec proclaimed 14 party list representatives from 13 parties which obtained
at least 2% of the total number of votes cast as member of the House of Rep. Upon petition by
other party-list organization, it proclaimed another 38 additional party representatives althout
they received less than 2% of the votes on the ground that under the Constitution it is
mandatory that at least 20% of the members of House of Rep. must come from the party list
system.

HELD: Section 5(2), Article VI of the Constitution is not mandatory. It merely provides a ceiling
for party list seats in the House of Representatives. The Congress is vested with power to
define and prescribe the mechanics of the party-list system of representation. In the exercise of
their Constitutional prerogative, Congress deemed it necessary that parties participating in the
system to obtain at least 2% of the total votes cast to be entitled to a party-list seat. This is to
ensure that only parties with sufficient number of constituents are actually represented in
Congress.

B. Attendance of Session

People v. Jalosjos
324 SCRA 689
FACTS: While his appeal from a conviction of rape is pending, the accused, a Congressman
was confined at the national penitentiary. Since he was reelected to his position, he argued that
he should be allowed to attend the legislative sessions and committee hearings, because his
confinement was depriving his constituents of their voice in Congress.

HELD: Election to high government office does free accused from the common restraints of
general law. Under Section II, Article VI of the Constitution, a member of the House of Rep is

privileged from arrest only if offense is punishable by not more than 6 years
imprisonment. Confinement of a congressman charged with a crime punishable by more than 6
years has constitutional foundations. If allowed to attend the congressional sessions, the
accused would be virtually made a free man. When he was elected into office, the voters were
aware of his limitations on his freedom of action. Congress can continue to function even
without all its members being present. Election to the position of Congressman is not a
reasonable classification in criminal law enforcement.

C. Electoral Tribunal

Guerrero v. Comelec
G.R. No. 137004 (July 26, 2000)
FACTS: A petition to disqualify respondent as a candidate for Congressman was filed with the
Comelec on the ground that he was campaigning although he had not filed a certificate for
candidacy. Three days before the election, respondent filed his certificate of candidacy as
substitute for another candidate who withdrew. The petitioner argued that the substitution was
fatally defective since the replaced candidate was an independent and the respondent ran as
candidate

for

political

party. Respondent

was

proclaimed

winner

and

assumed

office. Comelec dismissed petition on the ground that the matter is now within the exclusive
jurisdiction of the House of Representative Electoral Tribunal.

HELD: Once a winning candidate has assumed office as a member of the House of Rep, the
jurisdiction of Comelec over his qualification ends and jurisdiction of Electoral Tribunal
begins. The jurisdiction of the Tribunal is not limited to constitutional qualifications only. The
filing of a certificate of candidacy is a statutory qualification.

D. Title of the Law

De Guzman v. Comelec
G.R.No. 129118 (July 19, 2000)
FACTS:

Section 44 of the Voters Registration Act provided that no election officer shall

hold office in a particular municipality or city for more than 4 years. In accordance with it, the

Comelec reassigned petitioners, who were election officers to other stations. Petitioners argued
that the provision was not expressed in the title of the law, which is An Act Providing for a
General Registration of Voters, Adopting a System of Continuing Registration, Prescribing the
Procedures Thereof and Authorizing the Appropriation of Fund Thereof.

HELD: The contention is untenable. Section 44 is relevant to the subject matter of registration
as it seeks to ensure the integrity of the registration process by providing a guideline for the
Comelec to follow in the reassignment of election officers.

E. Appellate Jurisdiction of Supreme Court

Villanert v. Desierto
326 SCRA 355
HELD: The law making the decision of the Ombudsman appealable to the SC is invalid because
the concurrence of the SC was not obtained. (See also Tirol v. Commission on Audit, G.R. No.
133594, August 3, 2000)