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    Abbas Vs SET

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    Jomar Teneza
    This case summary involves an election contest filed before the Senate Electoral Tribunal (SET) by Firdausi Abbas et al against 22 candidates from the LABAN coalition who were proclaimed senators-elect. Abbas later filed for the disqualification of the 6 senator members of the SET on the ground that they were interested parties. Abbas suggested amending the rules to allow the 3 remaining justice members to constitute a quorum and decide the case. However, the Supreme Court held that this proposal could not be given due weight as it would violate the Constitution which intended both judicial and legislative components to jointly decide senatorial election contests. The legislative component could not be totally excluded without violating the spirit of the Constitution.

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    Abbas Vs SET

    Uploaded by

    Jomar Teneza
    737 views1 page
    This case summary involves an election contest filed before the Senate Electoral Tribunal (SET) by Firdausi Abbas et al against 22 candidates from the LABAN coalition who were proclaimed senators-elect. Abbas later filed for the disqualification of the 6 senator members of the SET on the ground that they were interested parties. Abbas suggested amending the rules to allow the 3 remaining justice members to constitute a quorum and decide the case. However, the Supreme Court held that this proposal could not be given due weight as it would violate the Constitution which intended both judicial and legislative components to jointly decide senatorial election contests. The legislative component could not be totally excluded without violating the spirit of the Constitution.

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    Abbas vs SET

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    This case summary involves an election contest filed before the Senate Electoral Tribunal (SET) by Firdausi Abbas et al against 22 candidates from the LABAN coalition who were proclaimed senators-elect. Abbas later filed for the disqualification of the 6 senator members of the SET on the ground that they were interested parties. Abbas suggested amending the rules to allow the 3 remaining justice members to constitute a quorum and decide the case. However, the Supreme Court held that this proposal could not be given due weight as it would violate the Constitution which intended both judicial and legislative components to jointly decide senatorial election contests. The legislative component could not be totally excluded without violating the spirit of the Constitution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    737 views1 page

    Abbas Vs SET

    Uploaded by

    Jomar Teneza
    This case summary involves an election contest filed before the Senate Electoral Tribunal (SET) by Firdausi Abbas et al against 22 candidates from the LABAN coalition who were proclaimed senators-elect. Abbas later filed for the disqualification of the 6 senator members of the SET on the ground that they were interested parties. Abbas suggested amending the rules to allow the 3 remaining justice members to constitute a quorum and decide the case. However, the Supreme Court held that this proposal could not be given due weight as it would violate the Constitution which intended both judicial and legislative components to jointly decide senatorial election contests. The legislative component could not be totally excluded without violating the spirit of the Constitution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Firdausi Abbas et al vs The Senate Electoral Tribunal

    166 SCRA 651 Political Law The Legislative Department Electoral Tribunals Inhibition in the
    Senate Electoral Tribunal

    In October 1987, Firdausi Abbas et al filed before the SET an election contest against 22 candidates of the
    LABAN coalition who were proclaimed senators-elect in the May 11 (1987) congressional elections by the
    COMELEC. The SET was at the time composed of three (3) Justices of the Supreme Court and six (6)
    Senators. Abbas later on filed for the disqualification of the 6 senator members from partaking in the said
    election protest on the ground that all of them are interested parties to said case. Abbas argue that
    considerations of public policy and the norms of fair play and due process imperatively require the mass
    disqualification sought. To accommodate the proposed disqualification, Abbas suggested the following
    amendment: Tribunals Rules (Section 24) - requiring the concurrence of five (5) members for the
    adoption of resolutions of whatever nature - is a proviso that where more than four (4) members are
    disqualified, the remaining members shall constitute a quorum, if not less than three (3) including one (1)
    Justice, and may adopt resolutions by majority vote with no abstentions. Obviously tailored to fit the
    situation created by the petition for disqualification, this would, in the context of that situation, leave the
    resolution of the contest to the only three Members who would remain, all Justices of this Court, whose
    disqualification is not sought.

    ISSUE: Whether or not Abbas proposal could be given due weight.

    HELD: The most fundamental objection to such proposal lies in the plain terms and intent of the
    Constitution itself which, in its Article VI, Section 17, creates the Senate Electoral Tribunal, ordains its
    composition and defines its jurisdiction and powers.

    Sec. 17. 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 the House of Representatives, as the case may be, who shall be chosen on the basis of
    proportional representation from the political parties and the parties or organizations registered under the
    party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
    It is quite clear that in providing for a SET to be staffed by both Justices of the SC and Members of the
    Senate, the Constitution intended that both those judicial and legislative components commonly share
    the duty and authority of deciding all contests relating to the election, returns and qualifications of
    Senators. The legislative component herein cannot be totally excluded from participation in the resolution
    of senatorial election contests, without doing violence to the spirit and intent of the Constitution. It is not
    to be misunderstood in saying that no Senator-Member of the SET may inhibit or disqualify himself from
    sitting in judgment on any case before said Tribunal. Every Member of the Tribunal may, as his
    conscience dictates, refrain from participating in the resolution of a case where he sincerely feels that his
    personal interests or biases would stand in the way of an objective and impartial judgment. What SC is
    saying is that in the light of the Constitution, the SET cannot legally function as such; absent its entire
    membership of Senators and that no amendment of its Rules can confer on the three Justices-Members
    alone the power of valid adjudication of a senatorial election contest.

    Page 1 of 1

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