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SUPREME COURT REPORTS ANNOTATED 453

Philippine under for your information vs. Commission
resulution of the

REPUBLIC OF THE PHILIPPINES

SUPREME COURT
MANILA

December 19, 1985

Gentlemen:

Quoted hereunder, the prayer information, is a resolution of

the tion restraining respondents from
"G.R. No. 72915 (Philippine Bar Association, et al. vs.
The Commission on Elections, et al.); G.R. No. 72922
(Martiniano P. Vivo, et al. vs. Commission on Elections, et
G.R. No. 72923 (MP Aquilino Q. Pimentel, Jr., et al. vs.
The Treasurer of the Philippines, et G.R. No. 72924 (The
Movement of Attorneys for Brotherhood, Integrity and
Nationalism, Inc. [MABINI], et al. vs. The Commission on
Elections, et al.); G.R. No. 72927 (The Liberal Party, et al.
vs. The National Treasurer of the Philippines); G.R. No.
72928 (Concerned Women of the Philippines, et al. vs.
Hon. Maximiano Savellano, et al.); G.R. No. 72935 (Alberto
G. Romulo, et al. vs. Commission on Elections, et al.); G.R.
No. 72954 (Victor C. Avecilla, et al. vs. Commission on
Elections); G.R. No. 72957 (National Bar Association of the
Philippines, et al. vs. Commission on Elections, et al.); G.R.
No. 72968 (Laban ng Bayan [LABAN], et al. vs. The
Commission on Elections, et al.) and G.R. No. 72986 (Juan
T. David vs. The Commission on Elections, et al.).—After
considering all the pleadings and deliberating on the
issues raised in the petitions as well as on the oral
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11/5/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 140

arguments of the parties and the amici curiae in the

hearings held in these cases, Chief Justice Ramon C.
Aquino and six (6) Justices, namely, Justices Claudio
Teehankee, Hermogenes Concepcion, Jr., Vicente Abad
Santos, Efren I. Plana, Venicio T. Escolin and Lorenzo
Relova, voted to DISMISS the petitions in these cases and
to DENY the prayer for the issuance of an injunction
restraining respondents from holding the election on
February 7, 1986. In the opinion of Chief Justice Aquino,
B.P. 883 is constitutional.

454

454 SUPREME COURT REPORTS ANNOTATED

Philippine Bar Association vs. Commission on Elections

Justices Hugo Gutierrez, Jr., B.S. de la Fuente, Serafin R.

Cuevas, Nestor B. Alampay and Lino M. Patajo voted to
DECLARE B.P. 883 unconstitutional and to grant the
injunction prayed for.
Justices Teehankee, Plana, Escolin, Relova, Gutierrez,
Jr., Alampay and Patajo filed separate opinions.
This resolution is without prejudice to the filing of
separate opinions by the other Members of this Court."
Melencio-Herrera, J., is on leave.
"This resolution is without prejudice to the filing of
separate opinions by the other Members of this Court.
"At the session of January 7, 1986, the Court noted that
its act of dismissing the petitions had not been formally
stated in its basic Resolution of December 19, 1985. The
Court therefore authorizes the insertion of the following
dispositive portion:

'Accordingly, inasmuch as there are less than the required ten

(10) votes to declare Batas Pambansa Bilang 883
unconstitutional, the petitions in these cases are hereby
DISMISSED and the writs therein prayed for are DENIED.' "

Chief Justice Aquino is the opinion that the revision of the

December 19 resolution is totally unnecessary. It is clear.
It is understood that the petitions are dismissed. The

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public and the Comelec understood that the petitions were

dismissed.
Melencio-Herrera, J., took no part in these cases.
Very truly yours,
(SGD.) GLORIA C. PARAS
Clerk of Court

455

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