Cunanan v.

Tan (May 10, 1962)

Per curiam

FACTS:

- Petitioner Carlos Cunanan was appointed as acting Deputy Administrator of the

Reforestation Administration, Department of Agriculture and Natural Resources by the
President.
- Nov. 6, 1961: President extended to him an ad interim appointment as Deputy
Administrator of the Reforestation Administration, Department of Agriculture and
Natural Resources.
- April 3, 1962: 6 senators and 7 members of the House of Representatives, purporting to
act as the Commission on Appointments, rejected the ad interim appointment.
- April 11, 1962: respondent Jorge Tan, Jr. designated by the President as acting Deputy
Administrator of the Reforestation Administration, Department of Agriculture and
Natural Resources., and performed the functions of the office without the consent of
Cunanan.
- April 27, 1962: Cunanan filed this present suit, saying that Tans designation is invalid
because the office of Deputy Administrator of the Reforestation Administration,
Department of Agriculture and Natural Resources was not vacant due to the invalidity
of the rejection of the ad interim appointment of Cunanan.
o Fifth Congress opened on January 22, 1962 with senate divided into two groups:
12 Liberal Party senators, 12 Nacionalista senators. No Senate President was
elected, and Eulogio Rodriguez Sr. held the position in an acting capacity.
o House of Reps composed of 72 Nacionalistas, 29 Liberals, 1 unaffiliated. Daniel
Romualdez elected as Speaker of the House of Reps.
o March 21, 1962: 29 Liberals and 25 Nacionalistas from the House of Reps formed
Allied Majority and declared the 12 seats of the House of Reps vacant.
Re-elected all the current members, except for Congressmen Ganzon,
Lucman, and Lagumbay. They were replaced by Congressmen Jose
Alberto, Reynaldo Honrado, and Jose Cojuangco Jr.

ISSUE: W/N the March 21, 1962 resolution of the House of Representatives declaring the seats
of its 12 members in the Commission on Appointments vacant is legal.

- NO. Commission on Appointments is independent of Congress because the

Commissions powers come, not from Congress, but from the Constitution. Therefore, it
is not an agent of Congress.
- However, the provision which states that the Commission shall be composed of 12
senators and 12 members of the House of Representatives elected by each House,
respectively, on the basis of proportional representation of the political parties therein,
connotes authority of each House to see to it that this requirement is complied with
 o If ratio in the representation of the political parties is materially changed, the
House CAN declare the necessary number of seats vacant in the Commission
held by members belonging to affected political party, then fill the vacancies in
conformity with the Constitution.
- But shifting of votes at a given time, even if due to arrangements of a more or less
temporary nature, like the one that has led to the formation of the so-called "Allied
Majority", does not suffice to authorize a reorganization of the membership of the
Commission for said House
o If a House of Congress were free, at any time, to declare vacant the position of its
members in the Commission on Appointments, such House could, in effect,
paralyze the entire Commission, without the consent of the other House. Such
possibility could not have been countenanced by the Constitutional Convention.

RULING: March 21 resolution, rejection of the ad interim appointment, and designation of Tan
as Deputy Administrator of the Reforestation Administration, Department of Agriculture and
Natural Resources is null and void. Cunanan is entitled to hold office; respondent should vacate
it and turn it over to petitioner.

DISSENTING: Padilla, J.

- Election of the 12 representatives is by the House, not by the party or leader or

representative of the party, and based on proportional representation.
- The proportional number of Representatives elected by the House to sit in the
Commission on Appointments, to wit: eight Nacionalistas and four Liberals being in
accordance with the provision of the Constitution, their election should be held and
declared constitutional
- The action taken by the House declaring vacant the twelve seats in the Commission on
Appointments is not unconstitutional and cannot be inquired into and reviewed by the
Court and the election by the House on 21 March 1962 of the twelve members of
Representatives to sit in the Commission on Appointments being on the basis of
proportional representation should be upheld.
NOTES: On 23 February 1962 the following Representatives were elected:
Nacionalista Party Liberal Party

1. Hon. Jose M. Aldeguer 1. Hon. Eladio T. Balite

2. Hon. Wenceslao R. Lagumbay 2. Hon. Manuel Cases

3. Hon. Felix A. Fuentebella 3. Hon. Floro Crisologo

4. Hon. Rodolfo Ganzon 4. Hon. Gerardo M. Roxas

5. Hon. Agustin Gatuslao

6. Hon. Apolonio Marasigan

7. Hon. Maximo Noel

8. Hon. Rasid Lucman

On 21 March 1962 the House of Representatives declared vacant the seats of the twelve members of
the House of Representatives in the Commission on Appointments. On the same date, the following
Representatives were elected:

Nacionalista Party Liberal Party

1. Hon. Jose M. Aldeguer 1. Hon. Eladio T. Balite

2. Hon. Maximo Noel 2. Hon. Manuel T. Cases

3. Hon. Felix Fuentebella 3. Hon. Floro Crisologo

4. Hon. Agustin Gatuslao 4. Hon. Gerardo M. Roxas

5. Hon. Apolonio Marasigan

6. Hon. Jose Alberto

7. Hon. Reynaldo Honrado

8. Hon. Jose Cojuangco, Jr.