--------------------------------------------------------- that the term of the 8 senators elected in 1963, and
Philconsa v. Mathay who took part in the approval of RA 4134, would Class Topic/Badge: Senators and Representatives have expired only on December 30, 1969; while the G.R. No. L-25554 October 4, 1966 term of the members of the House who participated FULL TEXT: https://www.lawphil.net/judjuris/juri1966/oct1966/gr_l-25554_1966.html in the approval of said Act expired on December 30, PONENTE: REYES, J.B.L., J.: 1965.
Issue:
Does Sec. 14(now Sec. 10) of the Constitution require
that not only the term of all the members of the House but also that of all the Senators who BIENVENIDO L. REYES approved the increase must have fully expired Associate Justice before the increase becomes effective?
Held:
In establishing what might be termed a waiting
period before the increased compensation for legislators becomes fully effective, the Constitutional DECISION/FALLO provision refers to “all members of the Senate and “In view of the foregoing, the writ of prohibition prayed for is the House of Representatives” in the same sentence, hereby granted, and the items of the Appropriation Act for the as a single unit, without distinction or separation fiscal year 1965-1966 (Republic Act No. 4642) purporting to authorize the disbursement of the increased compensation to between them. This unitary treatment is emphasized members of the Senate and the House of Representatives even by the fact that the provision speaks of the prior to December 30, 1969 are declared void, as violative of Article VI, section 14, of the Constitution of the Republic of the “expiration of the full term” of the Senators and Philippines; and the respondents, the Auditor General and the Representatives that approved the measure, using Auditor of the Congress of the Philippines, are prohibited and enjoined from approving and passing in audit any the singular form and not the plural, thereby disbursements of the increased compensation authorized by rendering more evident the intent to consider both Republic Act No. 4134 for Senators and members of the House houses for the purpose as indivisible components of of Representatives, before December 30, 1969. No costs.” one single Legislature. The use of the word “term” in the singular, when combined with the following FACTS (PARTIES) phrase “all the members of the Senate and the PETITIONER: PHILIPPINE CONSTITUTION ASSOCIATION, INC., House,” underscores that in the application of Art. petitioner, VI, Sec. 14(now Sec. 10), the fundamental RESPONDENT: ISMAEL MATHAY and JOSE VELASCO, respondents consideration is that the terms of office of all members of the Legislature that enacted the Facts: measure must have expired before the increase in Petitioner has filed a suit against the former Acting compensation can become operative. Auditor General of the Philippines and the Auditor of The Court agreed with petitioner that the increased the Congress ofthe Philippines seeking to compensationprovided by RA 4134 is not operative permanently enjoin them from authorizing or passing until December 30, 1969, when the full term of all in audit the payment of the increased salaries members of the Senate and House that approved it authorized by RA 4134 to the Speaker and members will have expired. of the House of Representativesbefore December 30, 1969. ---------------------------------------------------------
The 1965-1966 Budget implemented the increase in
salary of the Speaker and members of the House of Representatives set by RA 4134, approved just the preceding year 1964. Petitioner contends that such implementation is violative of Article VI, Sec. 14(now Sec. 10) of the Constitution. The reason given being