Petition: Motion of Reconsideration / Clarification
Petitioner: Teofisto Guingona Jr. & Lakas - NUCD
Respondent: Neptali Gonzales, Alberto Romulo & Wigberto E.
Ponencia: Laurel, J.

compliance with the mandate that membership in the
Commission of Appointments be based on the proportional
representation of the political parties.
• WoN LDP's action is against the mandate of Section 18 of
Article 6 of the 1987 Constitution.

DOCTRINE: The Constitition requires a multi-party system or an
entitlement to proportional representation in the Commission onPROVISION:

Appointments which aims to have minimum representation of Section 18 of Article 6 of Philippines Constitution - There shall
be a Commission on Appointments consisting of the President
members from each house.
of the Senate, as ex officio Chairman, twelve Senators and
twelve Members of the House of Representatives, elected by
each House on the basis of proportional representation
from the political parties and parties or organizations
• After the May 1992 elections, there were: 15 LDP senators, 5
registered under the party-list system represented therein.
NPC senators, 3 LAKAS-NUCD senators, and 1 LP-PDPThe Chairman of the Commission shall not vote, except in case
LABAN senator.
of a tie. The Commission shall act on all appointments
• Twelve seats needed to be filled up for the Senate's
submitted to it within thirty session days of the Congress from
Commission of Appointments. It was agreed upon that the
their submission. The Commission shall rule by a majority vote
composition be as follows:
of all the Members.
LDP - 7.5,
• Note: The word 'shall' in the first sentence indicates that it is
NPC - 2.5
mandatory to have twelve members from the Senate to the
Commission of Appointments.
• The said proportional composition of Commission of
Appointment members above is based on what we call the
'The Tolentino Compromise Formula.'
• The claim to membership in the Commission on Appointments
Share = No.of senators in a party X 12 seats for
by nomination and election of the LDP majority in the Senate
C.A. ÷ 24 Senate seats
is not in accordance with Section 18 of Article 6 of the
• Each of them is entitled to a fractional membership on the basis
Constition. It does not comply with the rules of proportional
of the rule on proportional representation of each of the
representation in the Commission of Appointments. It was
political parties
committed by sheer force of superiority in numbers, and was
• The LDP (majority) of the Senate converted the .5 ratio they in
done in grave abuse of discretion.
their 7.5 ratio into a whole number in order to elect Alberto
Constitition requires that twelve senators should be
Romulo. In doing so, the other party's fractional membership
for the seats in the Commission of appointments, but
was reduced leaving the latter's representation in the
chosen on the basis agreed upon by the members
Commission on Appointments to less than their proportional
of the Senate themselves. However, they must still comply
representation in the Senate. His election reduced the share
with the rule of proportional representation.
of the remaining parties.
• The petitioner expresses that the action taken by LDP is not in

DISPOSITION: Petition granted.
• For the lack of merit, the motion for reconsideration is denied.