Vera v. Avelino, G.R. No. L-543, 31 August 1946
Vera v. Avelino, G.R. No. L-543, 31 August 1946
Vera v. Avelino, G.R. No. L-543, 31 August 1946
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BENGZON, J.:
" '* * * Reports also reached this Commission to the effect that in
the Provinces of Bulacan, Pampanga, Tarlac and Nueva Ecija, the
secrecy of the ballot was actually violated; that armed bands saw
to it that their candidates were voted for; and that the great
majority of the voters, thus coerced or intimidated, suffered from
a paralysis of judgment in the matter of exercising the right of
suffrage; considering all those acts of terrorism, violence and
intimidation in connection with elections which are more or less
general in the Provinces of Pampanga, Tarlac, Bulacan and
Nueva Ecija, this Commission believes that the election in the
provinces aforesaid did not reflect the true and free expression of
the popular will. It should be stated, however. that the
Commission is without jurisdiction, to determine whether or not
the votes cast in the said provinces which, according to these
reports have been cast under the influence of threats or violence,
are valid or invalid. * * *'
A. No JURISDICTION
"* * * Mandamus will not lie against the legislative body, its
members, or its officers, to compel the performance of duties
purely legislative in their character which therefore pertain to
their legislative functions and over which they have exclusive
control. The courts cannot dictate action in this respect without a
gross usurpation of power. So it has been held that where a
member has been expelled by the legislative body, the courts have
no power, irrespective of whether the expulsion was right or
wrong, to issue a mandate to compel his reinstatement. (Code of
Civil Procedure, sections 222,
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"The Supreme Court has changed its color i. e., its temper and
tendencies, from time to time according to the political proclivities
of the men who composed it * * *. Their action flowed naturally
from the habits of thought they had formed before their accession
to the bench and from the sympathy they could not but feel for the
doctrine on whose behalf they had contended." (The Annals of the
American Academy of Political and Social Science, May, 1936, p.
50.)
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* * * * * * *
"In the course of the heated debates, with the growing
restlessness on the part of the Convention, President Recto
suspended the session in order to find out if it was possible to
arrive at a compromise plan to meet the objection.
"When the session was resumed, a compromise plan was
submitted in the form of an amendment presented by Delegates
Francisco, Ventura, Lim, Vinzons, Rafols, Mumar, and others,
limiting the power of the Electoral Commission to the judging of
all cases contesting the elections, returns, and qualificatons of the
members of the National Assembly. Explaining' the difference
between the amendment thus proposed and the provision of the
draft, Delegate Roxas, upon the request of President Recto, said:
" 'The difference, Mr. President, consists only in obviating the
objection pointed out by various delegates to the effect that the
first clause of the draft which states "The election, returns, and
qualifications of the members of the National Assembly" seems to
give to the Electoral Commission the power to determine also the
election of the members who have not been protested. And in
order to obviate that difficulty, we believe that the amendment is
right in that sense * * * that is, if we amend the draft so that it
should read as follows: "All cases contesting the election, etc.", so
that the judges of the Electoral Commission will limit themselves
only to cases in which there has been a protest against the
returns.'
"The limitation to the powers of the Electoral Commission
proposed in the compromise amendment did much to win in favor
of the Electoral Commission many of its opponents; so that when
the amendment presented by Delegate Labrador and others to
retain in the Constitution the power of the lawmaking body to be
the sole judge of the elections, returns, and qualifications of its
members was put to a nominal vote, it was defeated by 98
negative votes against 56 affirmative votes.
"With the defeat of the Labrador amendment, the provision of
the draft creating the Electoral Commission, as modified by the
compromise amendment, was consequently approved.
" 'All cases contesting the elections, returns and qualifications
of the members of the National Assembly shall be judged by an
electoral commission, composed of three members elected by the
party having the largest number of votes in the National
Assembly, three elected by the members of the party having the
second largest number of votes, and three justices of the Supreme
Court designated by the Chief Justice, the Commission to be
presided over by one of said justices.'
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E. PARLIAMENTARY PRIVILEGES
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I concur.
Petitioners, alleging that they have been elected
Senators in the last national elections, have filed this
proceeding against respondents who, according to the
complaint, have been likewise elected Senators in the same
elections. In paragraph III of the complaint it is alleged
that respondent Hon. Jose A. Avelino is joined in this
proceeding as member and President of the Senate. Two
kinds of remedies are sought by petitioners, one ancillary
and the other principal. The ancillary they would have
consist in a preliminary injunction addressed to
"respondents, their officials, employees, agents and other
persons acting under them, ordering them", until the order
is remanded by the court, "to desist and to abstain from
carrying out" the so-called Pendatun Resolution
complained of. (Exhibit A attached to complaint.) The
principal remedy, if the suit 1s to prosper, would be as
follows: a judicial declaration that the said resolution is
entirely null and void, a definite order of this court
prohibiting respondents, and each of them, from preventing
petitioners from "continuing in their seats in the Senate of
the Philippines and freely exercising their office as
Senators, and likewise prohibiting them from adopting any
other ulterior procedure to execute the said resolution."
1. Has this court power to issue the writ of preliminary
injunction sought by petitioners under the facts alleged in
their complaint?
The power of this court to issue auxiliary writs and
process is defined in, and conferred by, section 19 of Act No.
136, as follows:
*******
-: * * The prayer of the bill is that, upon the hearing of the
cause, both acts be declared unconstitutional and void, and held
to be of no effect; and that a writ of injunction issue to Walter C.
Tuttle, county clerk ;of Vermilion country, restraining him from
issuing, or causing to be posted, notices of election calling an
election for the house of representatives for the eighteenth
senatorial district; and that such injunction be made perpetual;
and that the
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court grant to the petitioner and to the people all such other and
further relief as the case demands.
"From the foregoing statement of these two bills, it seems to be
perfectly plain that the entire scope and object of both is the
assertion and protection of political, as contradistinguished from
civil, personal or property rights. In both the complainant is a
legal voter, and a candidate for a particular elective office; and by
his bill he is seeking the protection and enforcement of his right to
cast his own ballot in a legal and effective manner, and also his
right to be such candidate, to have the election called and held
under the provisions of a valid law, and to have his name printed
upon the ballots to be used at such election, so that he may be
voted for in a legal manner. The rights thus asserted are all
purely political; nor, so far as this question is concerned, is the
matter aided in the least by the attempt made by the complainant
in each bill to litigate on behalf of other voters or of the people of
the state generally. The claims thus attempted to be set up are all
of the same nature, and are none the less political.
"As defined by Anderson, a civil right is 'a right accorded to
every member of a district community, or nation,' while a political
right is a 'right exercisable in the administration of government.'
Anderson, Law Dictionary, 995. Says Bouvier: 'Political rights
consist in the power to participate, directly or indirectly, in the
establishment or management of the government. These political
rights are fixed by the constitution. Every citizen has the right of
voting for public officers, and of being elected. These are the
political rights which the humblest citizen possesses. Civil rights
are those which have no relation to the establishment, support, or
management of the government. They consist in the power of
acquiring and enjoying property, or exercising the paternal or
marital powers, and the like. It will be observed that every one,
unless deprived of them by sentence of civil death, is in the
enjoyment of the civil rights, which is not the case with political
rights; for an alien, for example, has no political, although in full
enjoyment of the civil rights.' (2 Bouvier Law Dict., 597.)
"* * * * A preliminary injunction having been awarded, it was
disregarded by the city officers, who proceeded, notwithstanding,
to canvass the vote and declare the result. Various of the city
officers and their advisers were attached and fined for contempt,
and, on appeal to this court from the judgment for contempt, it
was held that the matter presented by the bill was a matter over
which a court of chancery had no jurisdiction, and that the
injunction was void, so
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that its violation was not an act which subjected the violators to
proceedings for contempt.
"* * * In Georgia vs. Stanton (73 U. S., 6 Wall., 50; 18 Law. ed.,
721), a bill was filed by the state of Georgia against the secretary
of war and other officers representing the executive authority of
the United States, to restrain them in the execution of the acts of
congress known as the 'Reconstruction Acts,' on the ground that
the enforcement of those acts would annul and totally abolish the
existing state government of the state, and establish another and
different one in its place, and would, in effect, overthrow and
destroy the corporate existence of the state, by depriving it of all
means and instrumentalities whereby its existence might and
otherwise would be maintained; and it was held that the bill
called for a judgment upon a political question, and that it would
not therefore be entertained by a court of chancery; and it was
further held that the character of the bill was not changed by the
fact that, in setting forth the political rights sought to be
protected, it averred that the state had real and personal
property, such, for example, as public buildings, etc., of the
enjoyment of which, by the destruction of its corporate existence,
the state would be deprived, such averment not being the
substantial ground of the relief sought." (Fletcher vs. Tuttle, 151
111., 41; 25 L. R. A., 143, 145-147; (italics supplied.)
"SECTION 381. 3. Political Questions.—a. In General.—It is a
wellsettled doctrine that political questions are not within the
province of the judiciary, except to the extent that power to deal
with such questions has been conferred on the courts by express
constitutional or statutory provisions? It is not So easy, however,
to define the phrase 'political question,' nor to determine what
matters fall within its scope. It is frequently used to designate all
questions that lie outside the scope of the judicial power. More
properly, however, it means those questions which, under the
constitution, are to be decided by the people in their sovereign
capacity, or in regard to which full discretionary authority has
been delegated to the legislative or executive branch of the
government. Among the questions that have been held to be
political, and therefore beyond the province of the judiciary to
decide, are: Questions relating to the existence or legality of the
government under which the court is acting; what persons or
organizations constitute the lawful government of a state of the
Union, or of a foreign country; * * * the canvass of an election."
(12 C. J., 878, 879; italics supplied.)
"SECTION 20. 4. Only Civil Rights Protected.—The subject
matter of equitable jurisdiction being civil property and the
maintenance of civil rights, injunction will issue only in cases
where complainant's civil rights have been invaded. Injunctions
do not issue to prevent
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way and with exactly the same rights and privileges as the
other members whose election is unchallenged and
uncontested, not only temporarily but for the entire term of
the office. But for this court to so order, it would necessarily
have to base its judgment and decree upon the premise
that petitioners have been duly and validly elected as
members of the Senate. This would inevitably involve a
determination of precisely the question, presently contested
bef ore the Electoral Tribunal for the Senate, as sole judge
under the Constitution, of whether or not said petitioners
have been duly and validly elected as Senators. This clearly
would be an unconstitutional invasion of the sphere
allotted by the fundamental law to said Electoral Tribunal
as the sole judge of all contests relating to the election,
returns and qualifications of the members of the Senate.
All of which means that this court cannot constitutionally
possess jurisdiction over the alleged main case of
prohibition. This is another way of saying that petitioners
are not entitled to the principal remedy thus sought by
them from this Court.
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alike from the people, have their powers alike limited and defined
by the constitution, are of equal dignity, and within their
respective spheres of action equally independent.
* * * * * *
"It is true that neither of the departments can operate in all
respects independently of the others, and that what are called the
checks and balances of government constitute each a restraint
upon the rest. * * * But in each of these cases the action of the
department which controls, modifies, or in any manner influences
that of another, is had strictly within its own sphere, and for that
reason gives no occasion for oonflict, controversy or jealousy. The
Legislature in prescribing rules for the courts, is acting within its
proper province in making laws, while the courts, in declining to
enforce an unconstitutional law, are in like manner acting within
their proper province, because they are only applying that which
is law to the controversies in which they are called upon to give
judgment. It is mainly by means of these checks and balances that
the officers of the several departments are kept within their
jurisdiction, and if they are disregarded in any case, and power is
usurped or abused, the remedy is by impeachment, and not by
another department of the government attempting to correct the
wrong by asserting a superior authority over that which by the
constitution is its equal. "It has long been a maxim in this country
that the Legislature cannot dictate to the courts what their
judgments shall be, or set aside or alter such judgments after they
have been rendered. If it could, constitutional liberty would cease
to exist; and if the Legislature could in like manner override
executive action also, the government would become only a
despotism under popular forms. On the other hand it would be
readily conceded that no court can compel the Legislature to make
or to refrain from making laws, or to meet or adjourn at its
command, or to take any action whatsoever, though the duty to
take it be made ever so clear by the constitution or the laws. In
these cases the exemption of the one department from the control
of the other is not only implied in the framework of government,
but is indispensably necessary if any useful apportionment of
power is to exist.
* * * * * * *
"It is not attempted to be disguised on the part of the relators
that any other course than that which leaves the head of the
executive department to act independently in the discharge of his
duties might possibly lead to unseemly conflicts, if not something
worse, should the courts undertake to enf orce their mandates
and the executive refuse to obey. * * * And while we should
concede, if
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V. PRELIMINARY INJUNCTION
Upon the facts above related and the allegations made in
the petition under oath, including the one to the effect that
the respondents of the majority party are determined to
put into effect immediately the Pendatun Resolution, to
deprive the petitioners of their right to sit in the Senate,
the "sinister purpose" of Which was the approval, without
the intervention and participation of petitioners, of
important measures, including an alleged terroristic one
for judicial reorganization and the highly controversial Bell
Bill, as soon as the petition was submitted in the night of
May 27, 1946, the undersigned issued the preliminary
injunction prayed for in the petition upon petitioners' filing
a cash bond in the amount of P1,000. (Copy of the order is
attached as Appendix D.)
On May 29, 1946, the Supreme Court in banc was
specially called to session with the specific purpose of
considering the issuance of a writ of preliminary injunction.
As the court f unctioning is a special division of six, and the
Supreme Court in banc was then in vacation, the session
had to be called upon the initiative of the Chief Justice. In
the meantime, the service of the writ was suspended.
The Supreme Court in banc adopted then the following
resolution:
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For the nonce, it will be hard to gauge and appraise the full
consequences of the resolution of June 5, 1946, dissolving
the writ of preliminary injunction based on the majority's
belief and trust that events have shown to be completely
hazy and groundless. It is only our fervent hope that the
consequences, whatever they may be, may not dampen the
enthusiasm of those who have reposed so much faith in the
success of our sovereign Republic as the pursuivant
heralding a new era to all subjugated peoples.
On June 8, 1946, petitioners filed a motion praying that
the above majority's resolution of June 3, 1946, be
reconsidered and that the writ of preliminary injunction be
restored. It remained deplorably unacted upon for weeks
until respondents were able to consummate the acts above
mentioned.
That action continues now to be pending before us for
decision, the same as respondents' motion to dismiss.
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The court might well have added that Ruling Case Law
wholly confirms its stand:
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"But in the main, the Constitution has blocked out with deft
strokes and in bold lines, allotment of power to the executive, the
legislative and the judicial departments of the government. The
overlapping and interlacing of functions and duties between the
several departments, however, sometimes makes it hard to say
just where the one leaves off and the other begins. In times of
social disquietude or political excitement, the great landmarks of
the Constitution are apt to be forgotten or marred, if not entirely
obliterated. In cases of
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with the theory that the Supreme Court must exercise its
judicial power to give redress to the victims of a usurpation
only when its decision is addressed to minor officers of
government, but not when it is addressed to powerful ul
ones. We will incur a grave dereliction of duty if we should
refuse to grant the redress that justice demands only and
because we have to reverse an illegal and unconstitutional
act committed by a legislative chamber, or a group 01 its
members, specially if the group forms the majority, or by
Congress itself. To show that under the Constitution
nobody is above the law, we have only to refer to its
provision which recognizes in the Supreme Court the power
to nullify and declare unconstitutional an act enacted by
Congress and approved by the President of the Philippines.
A law passed by Congress is enacted with the direct
participation of the two great departments of our
government, the legislative and the executive.
Nevertheless, if the law enacted is unconstitutional, the
Supreme Court has the power to declare it so and deny
effect to the same.
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"It is believed that the election in the provinces aforesaid did not
reflect the true and free expression of the popular will."
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XXX. CONSTITUTIONALISM
The present nuclear physics is a far cry from the more than
twenty-five centuries old theory enunciated by Democritus
in the following words: "By convention sweet is sweet, by
convention bitter is bitter, by convention hot is
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"Yet new, still more difficult problems arise which have not been
definitely settled as yet. We shall mention only some of these
unsolved problems. Science is not and will never be a closed book.
Every important advance brings new questions. Every
development reveals, in the long run, new and deeper difficulties."
(The Evolution of Physics, p. 308.)
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"On election day, altho no acts of violence were officially reported to this
Commission in connection with the elections, we were advised by our
representative in Nueva Ecija that ballot boxes were stolen by armed
bands in the barrios of the municipalities of Bongabon, Gapan, Sta. Rosa
and Guimba. These incidents are still under investigation by the Military
Police Command. After the election we cannot fail to notice the reports
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"SEC. 11. The Senate and the House of Representatives shall each
have an Electoral Tribunal which shall be the sole judge of all
contests relating to the election, returns, and qualifications of
their respective members. Each Electoral Tribunal shall be
composed of nine members, three of whom shall be Justices of the
Supreme Court to be designated by the Chief Justice, and the
remaining six shall be members of the Senate or of the House of
Representatives, as the case may be, who shall be chosen by each
House, three upon nomination of the party having the largest
number of votes and three of the party having the second largest
number of votes therein. The senior Justice in each Electoral
Tribunal shall be its Chairman."
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* * * * * * * *
"Delegate CINCO. Mr. President, I have a similar question as
that propounded by the gentleman from Ilocos Norte (Mr.
Ventura) when I arose a while ago. However, I want to ask more
questions from the Delegate from Capiz. This paragraph 6 on
page 11 of the draft cites cases contesting the election as
separated from the first part of the section which refers to
elections, returns and qualifications.
"Delegate ROXAS. That is merely for the sake of clarity. In fact
the cases of contested elections are already included in the phrase
'the elections, returns and qualifications.' This phrase 'and
contested elections' was inserted merely for the sake of clarity.
"Delegate CINCO. Under this paragraph, may not the
Electoral Commission, at its own instance, refuse to confirm the
election of the members?
"Delegate ROXAS. I do not think so unless there is a protest."
(Arruego, id., p. 269.)
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its own motion does not have the right to contest the election and
qualification of its members?
"Delegate ROXAS. I have no doubt that the gentleman is right.
If this draft is retained, as it is, even if two-thirds of the Assembly
believe that a member has not the qualifications provided by law,
they cannot remove him for that reason.
"Delegate LABRADOR. So that the right to remove shall only
be retained by the Electoral Commission.
"Delegate ROXAS. By the Assembly for misconduct.
"Delegate LABRADOR. I mean with respect to the
qualifications of the members.
"Delegate ROXAS. Yes, by the Electoral Commission.
"Delegate LABRADOR. So that under this draft, no member of
the Assembly has the right to question the eligibility of its
members?
"Delegate ROXAS. Before a member can question the
eligibility, he must go to the Electoral Commission and make the
question heard before the Electoral Commission.
"Delegate LABRADOR. So that the Electoral Commission shall
decide whether the election is contested or not contested.
"Delegate ROXAS. Yes, sir; that is the purpose." (Aruego, idem,
pp. 269, 270.)
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Se dice, sin embargo, con todo énfasis, con todo vigor, que
aún admitiendo que los recurridos, actuando como mayoría
del Senado, hayan infringido la Constitución al aprobar la
Resolución Pendatun y hacerla efectiva, con todo la
judicatura, la judicatura filipina no tiene jurisdicción para
intervenir en el caso, bajo el principio de la separación de
poderes que informa nuestra Constitución. Se arguye que
los tres poderes del Estado son iguales; que ninguno de
ellos es superior al otro; que cada poder puede interpretar
la Constitución a su modo y cuando así lo hace ningún otro
poder puede ni debe entrometerse y revisar su
interpretación; que el Senado es el único juez de sus actos y
si algún ciudadano sale agraviado por algún alegado
atropello a sus derechos constitucionales, su recurso no
está en acudir al poder judicial o al poder ejecutivo, sino en
apelar directamente al pueblo en la época de elecciones, en
los comicios, empleando el arma civil por excelencia del
ciudadano—la balota; y, finalmente, que el poder judicial
no es un "cúralo todo," una especie de Don Quijote que con
la lanza en ristre pretenda enderezar todos los entuertos.
Como se ve, nos llaman a decidir cuestiones de tremenda
importancia para el desenvolvimiento constitucional en
este país; lo que resolvamos puede trascender mucho más
allá del promedio de tiempo en que puede durar nuestra
existencia. Puede decirse sin inmodestia que grandes
decisiones del futuro—empleamos la palabra no en su
sentido exclusivamente judicial—dependerán de cómo
resolvamos esas cuestiones formidables que se nos
plantean hoy.
En parte, el argumento expuesto es correcto y acertado.
No se puede discutir que los tres poderes del Estado son
iguales e independientes entre sí; que ninguno de ellos es
superior al otro, mucho menos el poder judicial que entre
los tres es el menos fuerte y el más precario en medios e
implementos materiales. Tampoco se puede discutir que
bajo la Constitución cada poder tiene una zona, una esfera
de acción propia y privativa, y dentro de esa esfera un
cúmulo de facultades que le pertenecen exclusivamente;
que
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"The Solicitor General, under the last paragraph (par. 10) of his
amended answer, raises the question of jurisdiction of this court
over the acts of the Chief Executive. He contends that 'under the
separation of powers marked by the Constitution, the court has no
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"It is not necessary to decide here that there may not be things
done, in the one House or other, of an extraordinary character, for
which the members who take part in the act may be held legally
responsible. If we could suppose the members of these bodies so
far to forget their high functions and the noble instrument under
which they act as to imitate the Long Parliament in the execution
of the Chief Magistrate of the Nation, or to follow the example of
the French Assembly in assuming the functions of a court for
capital punishment, we are not prepared to say that such an utter
perversion of their powers to a criminal purpose would be
screened from punishment by the constitutional provision for
freedom of debate." (Idem, p. 392.)
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