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case digests for political law 1

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CONSTITUTIONAL LAW 1 Cases 1 CONSTITUTIONAL LAW 1 Cases (Final Term) VINZONS-CHATO V. COMELEC Facts: Unico has already been proclaimed and taken his oath of office as a Member of the HOR, hence, Comelec ruled that it had already lost jurisdiction over petitioner Chato’s  election protest against Unico regarding canvassing of returns and alleged invalidity of Unico’s proclamation. He then filed a special civil  action for Certiorari in the SC. Issue: WON the court should take cognizance of Chato’s election protest. If not, to who is this issue best addressed to? WON his civil action for certiorari will prosper. Held: The court should not take cognizance of Chato’s election protest for it would amount to usurpation of the constitutionally mandated functions of the HRET. Civil action for certiorari will not prosper. Ratio: - In an electoral contest where the validity of the proclamation of a winning candidate who has taken his oath of office and assumed his post as Congressman is raised, that issue is best addressed to the HRET. Reason: it avoids duplicity of proceedings and a clash of jurisdiction between constitutional bodies with due regard to the people’s mandate. -Special civil action for Certiorari shall prosper if the following requisites concur: 1. Tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or inexce ss of jurisdiction or with grave abuse of jurisdiction amou nting to lack of jurisdiction 2. There is no appeal or any plain, speedy and adequate remedy in the ordinary course of law to annul or modify the proceeding.-In this case, COMELEC did not commit rave abuse of discretion when it issued a resolution holding that it had lost jurisdiction upon Unico’s proclamation. Itdemonstrated fealty to the constitutional fiat regarding HRET. DAZA VS SINGSON Tribunal and its Composition The Laban ng Demokratikong Pilipino (LDP) was reorganized resulting to a political realignment in the lower house. LDP also changed its representation in the Commission on Appointments. They withdrew the seat occupied by Daza (LDP member) and gave it to the new LDP member. Thereafter the chamber elected a new set of representatives in the CoA which consisted of the original members except Daza who was replaced by Singson. Daza questioned such replacement. ISSUE: Whether or not a change resulting from a political realignment validly changes the composition of the Commission on Appointments. HELD: As provided in the constitution, “there should be a Commission on Appointment s consisting of twelve Senators and twelve members of the House of Representatives elected by each House respectively on the basis of proportional representation” of the political parties therein, this necessarily connotes the

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