1.

This is a case questioning the Order of SEC granting Congressman Estanislao

Fernandez leave to intervene in a SEC case. Prior to this, there was an election for
the directors of Int’l Pipe Industries (IPI). There were 2 factions: the Puyat Group
and the Acero Group. The Acero Group instituted a QUO WARRANTO
proceeding before the SEC claiming that the votes were not properly counted.
The Puyat Group claims that Congressman Fernandez orally entered his
appearance as counsel for the Acero Group. Naturally, the Puyat Group opposed
Fernandez’ appearance as counsel citing that a Congressman cannot appear as
counsel in any administrative proceeding like SEC. So Assemblyman Fernandez
no longer appeared as counsel.
However, he later purchased 10 SHARES OF STOCK in IPI to qualify him to run
as Director. After the purchase, Fernandez filed a Motion for Intervention in the
SEC case, because now, Fernandez is owner of 10 shares. SEC granted the motion.
Decide.

2. Feb 18 – Senator Tanada requested his right to speak on the floor to formulate
charges against Senate President Avelino be reserved. Request approved. Feb 21
1949 – hours before the opening of session, Senator Tanada filed a resolution
enumerating the charges against the Senate President and ordering an investigation.
Senate President Avelino refused to open the session at 10am. He delayed
appearance at session hall until 11:35am. He read the charges against him in
public.
At around 12pm, due to the insistent demands of Senators Sanidad and Cuenco, the
session was finally called to order. Sanidad however, moved that the roll call be
dispensed with. Avelino’s allies, Senators Francisco and Tirona, insisted that the
roll be called in an obvious conspiracy to prevent Senator Tanada from delivering
his speech.
The roll was called. Senator Tanada repeatedly stood up so that he could deliver
his speech but was continuously ignored by Avelino. Avelino even threatened to
arrest any talking senator. Disorder broke out in the gallery of the Senate.
Senator David, moved for the adjournment of session but Sanidad still opposed.
Suddenly Avelino banged the gavel and walked out of the session hall (along with
David, Tirona and Francisco). The pro-Tanada senators remained. Senate President
Pro-Tempore Arranz, suggested that Cuenco take over and preside over the
session. Cuenco did and took the Chair.
Senator Tanada was able to deliver his speech. The position of Senate President
was declared vacant by a unanimous resolution (#68), by those who were still
there. Cuenco became Acting Senate President, he took an oath and was
recognized by the President of the Philippines the day after. Avelino now filed a
QUO WARRANTO proceeding to declare him as the rightful Senate President.
Decide.

3. Raul Daza was a member of the CA, representing LP. LDP reorganized itself
and 24 members of the LP resigned to join LDP. Because of this political re-
alignment, the House revised the representation in the CA. The House withdrew
the seat occupied by Daza and gave this to the newly-formed LDP. (Chavit
Singson).
Daza filed a petition to challenge his removal from the CA. He contends that his
election to the CA is permanent and that reorganization in the House is NOT based
on a permanent political re-alignment because the LDP is still not a duly registered
political party and that it has not attained political stability. He argues that a party
must stand the test of time to prove permanence.
Singson countered by saying that what is involved is a political question. He
argues that nowhere in the Constitution is it required that the political party be
registered to be entitled to proportional representation at the CA. Decide.