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Tañada vs. Cuenco CD
Tañada vs. Cuenco CD
Facts:
Argument:
Petitioners Respondents
The SET should be composed of 9 members The Court is without jurisdiction to try the
comprised of the following: 3 justices of the appointment of SET members, since it is a
Supreme Court, 3 senators from the majority constitutional right granted to Senate.
party and 3 senators from the minority party. The petition is without cause of action since Tañada
But since there is only one minority senator the exhausted his right to nominate 2 more senators; he
other two SET members supposed to come from is in estoppel.
the minority were filled in by the NP. They contend that the present action is not the
proper remedy, but an appeal to public opinion.
A write of preliminary injunction against respondents (cannot exercise duties), to be made permanent after a
judgment to oust respondents is passed.
Ruling: No, the Court ruled that it is not a political question and may be settled by the courts. (See
“To Respondents: Court jurisdiction” for detailed explanation.)
Dissenting: Paras, CJ
Labrador, J