Guingona v.

Gonzales
G.R. NO. 106971, OCTOBER 20, 1992
Campos, Jr.,J.

Facts:
As a result of national elections on May 1992, the Senate was composed by the following by
parties: LDP – IS, NPC – 5, Lakas – 3. Applying the mathematical formula agreed by parties
they are entitled to twelve seats. On the organization of the Senate, Majority Floor Leader
Romulo nominated eight senators for Commission on Appointments. Senator Guingona
objected on the nomination of Osmeña. Petitioner Guingona filed a petition for the issuance
of a writ of prohibition to prohibit the recognition of Senators Romulo and Tañada as the
member of the CA as it is a violation of the rule of proportional representation.

Issue:
Whether or not the Constitution requires the election and presence of 12 senators in the
Commission?

Decision:

No. Constitution does not require the election and presence of twelve (12) senators in order
that the Commission may function.

Wherefore, the Court declare the election of Senator Alberto Romulo and Senator Wigberto
Tañada as members of the Commission on Appointments as null and void for being in
violation of the rule on proportional representation under Section 18 of Article VI of the 1987
Constitution of the Philippines. Accordingly, a writ of prohibition is hereby issued ordering
the said respondents Senator Romulo and Senator Tañada to desist from assuming, occupying
and discharging the functions of members of the Commission on Appointments; and ordering
the respondents Senate President Neptali Gonzales, in his capacity as ex-officio Chairman of
the Commission on Appointments, to desist from recognizing the membership of the
respondent Senators and from allowing and permitting them from sitting and participating as
members of said Commission.