TOLENTINO V COMELEC o NO.
Petitioners, in their capactiy as taxpayers, did not allege
JANUARY 21 2004 | CARPIO, J
FACTS:
PGMA nominated Sen. Guingona as VP [Congress confirmed; oath taken on
Feb 9 2001]
Feb 8 2001 vacancy in Senate (Resolution No. 84) calling COMELEC to fill
vacancy through special elections (with respect to the unexpired term)
Jun 5 2001 COMELEC issued Resolution No 01-005 proclaiming 13
candidates as elected Senators, 1st 12 senators for 6 year terms, 13th for 3
year term [RESPONDENTS: RECTO (12TH) HONASAN (13TH)
Jun 20 2001 Petitions, as voters & taxpayers, filed petition against
COMELEC:
1. Failed to notify electorate (Sec 2 RA 6645)
2. Failed to require senatorial candidates to indicate candidacy if under
regular or special elections (Sec 73 BP 881)
3. Failed to specify in voters information sheet candidates in special
and regular elections (Sec 4 par 4 RA 6646)
ISSUE/S:
PROCEDURAL
WoN the petition is in fact a petition for quo warranto over which the
Senate Electoral Tribunal is the sole judge
o NO. A quo warranto proceeding determines the right of a
public officer in the exercise of his office and to oust him if
his claim is not well-founded, of which the Senate Electoral
Tribunal is the sole judge
o Petition does not seek to determine Honasans right in the
exercise of his office, but for the annulment of Honasans
proclamation
WoN the petition is moot
o YES. The confirmation of Senators ranking have already
been passed, and the writ of prohibition will not lie to enjoin
acts already done
o BUT, courts will decide a question otherwise moot if it is
capable of repetition yet evading review. The question of a
validity of a special election to fill a vacancy in the Senate in
relation to COMELECs failure to comply with requirements
on the conduct of special election is likely to arise in every
such election. Such question may not be decided before the
date of the election
WoN petitioners have standing to litigate
o NO. Petitioners, in their capacity as voters, assert a harm
classified as a generalized grievance. This generalized
grievance is shared in substantially equal measure by most,
if not all the voters who voted in that election. Petitioners did
not claim that they sustained personal injury
that tax money was spent in violation of constitutional
protections against abuses of legislative
power/misapplication of funds by COMELEC
o BUT, the court relaxed the requirement on standing in the
petitioners capacity as voters since they raise important
issues involving their right of suffrage, considering that the
issue raised in this petition is likely to arise again
SUBSTANTIAL
WoN a special election to fill a vacant 3-year term Senate seat was
validly held
o YES. RA 6645, amended by RA 7166, states:
1. COMELEC shall fix the date of the special election,
stating among other things the office or offices to be
voted for
2. In case of vacancy in the Senate, the special
election shall be held simultaneously with the next
succeeding regular election
o COMELEC never stated that it would hold a special election;
nor did it give notice that it would proclaim as winner the
senatorial candidate with the 13th highest no. of votes
o The calling of an election is indispensable to the elections
validity. However, the rule is that a statute that expressly
provides that a special election be held simultaneously with
the next general elections fixes the date and operates as
the call for that election
o Petitioners could not prove that COMELECs failure to give
notice misled a sufficient number of voters as would change
the result of the elections
o Consistent rule has been to let election results stand despite
irregularities
o No law mandates the separate documentation of candidates
or separate canvassing of votes cast for the special election.
COMELEC merely exercised its discretion within its
authorized limits, and the Court cannot intervene
DISSENTING OPINION
PUNO, CJ
On Constitutional History of Democracy and Republicanism in the
Philippines
1. Roots of Democracy from Plato to Locke
In the ancient times, philosophers such as Plato and Aristotle espoused
ideals that deviate from democracy. Plato believed that democracy would
only result to the tyranny of majority. Aristotle, on the other hand, preferred a
rule of the upper class.
 In the middle ages, after the Industrial Revolution, thinkers of that time
bannered the idea of equality. And since all people are equal, no one
enjoyed moral right to govern another without the consent of the governed.
This led to the social contract theory i.g. the social contract is the act of
people exercising their sovereignty and creating govt to which they consent.
Following the Glorious Revolution which brought democracy to England,
John Locke, through the social contract theory, argued that the government
was legitimized the moment the people put their trust in it to protect their lives
and property. However, Locke believed that the political power should be
devolved to the middle class, and a parliament who owned property shall
govern the people.
Thomas Jefferson espoused Lockes theory on social contract, but he had
respect for the common people and participatory govt.
In the United States at that time, a more conservative, less democratic,
and more paternalistic system of govt was originally adopted. After two
centuries, the Federal constitution was gradually democratized in light
of the passage of the Bill of Rights.
Democracy and Republicanism in the Philippines
The Malolos Constitution which was promulgated in 1899 by the
revolutionary government declared the country as a Republic.
The revolutionary govt collapsed as the American came to rule. They
gradually increased the autonomy of the country before granting
independence.
In 1934, via the Tydings-McDuffie Law, the country was authorized to draft
its own constitution under the condition that it would be republican in form.
-Republic govt which derives all its power directly or indirectly from the
body of the people; powers of govt are entrusted to elected representatives
The 1973 and 1897 consti both adopted the provision relating to the
republic form of government.
The 1987 Consti expanded democracy by giving people greater power
to exercise their sovereignty. They can exercise sovereignty through:
-Elections people choose representatives to whom they will entrust
exercise of powers of the govt
-Plebescite people ratify any amendment or revision of the Consti
-Initiative legal process whereby the registered voters of local govt
unit may directly propose, enact, or amend any ordinance through an
election called for the purpose
-Recall method of removing a local official from office before the expiration
of his term because of loss of confidence
-Referendum people can approve or reject a law or issue of
national importance
-The People Power in 1986 exhibited the peoples exercise of their rights
concerning recall, initiative, and referendum. Following this, the framers of
Consti enunciated the first principle in Declaration of Principles and State
Policies, which is the Philippines is not only a republican, but also a
democratic state.
3. Dissenting Opinion
-The ruling of the ponencia would constitute a fall in the nations rise of
democracy.
- Informing the electorate on the issues and conduct of an election is a
prerequisite to a free, orderly, honest, peaceful, and credible
elections.
- Court should not forfeit its role as gatekeeper of our democratic government
run by an informed majority.
NOTES:
Focuses only on substantive issue of WoN a special election to fill a
vacant 3-year term Senate seat was validly held
NO. Majority can only rule if its judgment is informed
The ponencias position leaves the purity of elections and the
ascertainment of the will of the electorate to chance, conjecture, and
speculation
The law nevertheless required that the Commission send formal
notice of the special election
As for the 13th placer being declared winner: statutory notice will not
operate as notice because there is no law providing that the election
could be held in that manner
Correct ascertainment of the peoples will is necessary: candidates
can only run for one position, but the integration automatically gave
regular candidates standing as candidates for the special term too
Voters could have different reasons for choosing a candidate for the
unexpired term as opposed to a regular term