Facts: On March 3, 1995, the Party-List System Act took effect. On May 11, 1998, in accordance with the Party-List System Act, national elections were held which included, for the first time, the election through popular vote of party-list groups and organizations whose nominees would become members of the House. Proclaimed winners were 14 party-list representatives from 13 organizations, including petitioners from party-list groups Association of Philippine Electric Cooperatives (APEC), Alyansang Bayanihan ng mga Magsasaka, Manggagawang Bukid at Mangingisda (ABA), NATCO Network Party (COOP-NATCCO), Akbayan! Citizens Action Party (AKBAYAN), and Abanse! Pinay (ABANSE). Due to the votes it garnered, APEC was able to send 2 representatives to the House, while the 12 other party-list groups had one representative each. Also elected were district representatives belonging to various political parties.
Subsequently, the House constituted its HRET and CA contingent by electing its representatives to these two constitutional bodies. In practice, the procedure involves the nomination by the political parties of House members who are to occupy seats in the HRET and the CA. From available records, it does not appear that after the May 11, 1998 elections the party-list groups in the House nominated any of their representatives to the HRET or the CA. As of the date of filing of the instant petitions, the House contingents to the HRET and the CA were composed solely of district representatives belonging to the different political parties.
On January 18, 2000, Senator Aquilino Q. Pimentel, Jr. wrote two letters addressed to then Senate President Blas F. Ople, as Chairman of the CA, and to Associate Justice of the Supreme Court Jose A. R. Melo (now retired), as Chairman of the HRET. The letters requested Senate President Ople and Justice Melo to cause the restructuring of the CA and the HRET, respectively, to include party-list representatives to conform to Sections 17 and 18, Article VI of the 1987 Constitution.
In its meeting of January 20, 2000, the HRET resolved to direct the Secretary of the Tribunal to refer Senator Pimentel’s letter to the Secretary-General of the House of Representatives. On the same day, HRET Secretary Daisy B. Panga-Vega, in an Indorsement of even date, referred the letter to House of Representatives Secretary General Roberto P. Nazareno.
On February 2, 2000, petitioners filed with this Court their Petitions for Prohibition, Mandamus and Preliminary Injunction (with Prayer for Temporary Restraining Order) against the HRET, its Chairman and Members, and against the CA, its Chairman and Members. Petitioners contend that, under the Constitution and the Party-List System Act, party-list representatives should have 1.2 or at least 1 seat in the HRET, and 2.4 seats in the CA. Petitioners charge that respondents committed grave abuse of discretion in refusing to act positively on the letter of Senator Pimentel. In its Resolution of February 8, 2000, the Court en banc directed the consolidation of G.R. No. 141490 with G.R. No. 141489.
On February 11, 2000, petitioners filed in both cases a motion to amend their petitions to implead then Speaker Manuel B. Villar, Jr. as an additional respondent, in his capacity as Speaker of the House and as one of the members of the CA. The Court granted both motions and admitted the amended petitions.
Senator Pimentel filed the instant petitions on the strength of his oath to protect, defend and uphold the Constitution and in his capacity as taxpayer ‘and as a member of the CA. He was joined by 5 party-list representatives from APEC, ABA, ABANSE, AKBAYAN and COOP-NATCCO as co-petitioners.
In their Reply to Consolidated Comment, petitioners alleged that, following the Solicitor General’s computation, the LP and LAKAS were over-represented in the HRET and the CA. Petitioners particularly assail the presence of one LP representative each in the HRET and the CA, and maintain that the LP representatives should be ousted and replaced with nominees of the 14 party-list representatives.
Issues: 1. WHETHER THE PRESENT COMPOSITION OF THE HOUSE ELECTORAL TRIBUNAL VIOLATES THE CONSTITUTIONAL REQUIREMENT OF PROPORTIONAL REPRESENTATION BECAUSE THERE ARE NO PARTY-LIST REPRESENTATIVES IN THE HRET.
2. WHETHER THE PRESENT MEMBERSHIP OF THE HOUSE IN THE COMMISSION ON APPOINTMENTS VIOLATES THE CONSTITUTIONAL REQUIREMENT OF PROPORTIONAL REPRESENTATION BECAUSE THERE ARE NO PARTY-LIST REPRESENTATIVES IN THE CA.
3. WHETHER THE REFUSAL OF THE HRET AND THE CA TO RECONSTITUTE THEMSELVES TO INCLUDE PARTY-LIST REPRESENTATIVES CONSTITUTES GRAVE ABUSE OF DISCRETION.
Ruling: WHEREFORE, the consolidated petitions for prohibition and mandamus are DISMISSED.
Ratio Decidendi: The court cannot resolved the issue because it is a well-settled rule that a constitutional question will not be heard and resolved by the courts unless the following requirements of judicial inquiry concur: (1) there must be an actual controversy; (2) the person or party raising the constitutional issue must have a personal and substantial interest in the resolution of the controversy; (3) the controversy must be raised at the earliest reasonable opportunity; and (4) the resolution of the constitutional issue must be indispensable to the final determination of the controversy.
Finally, the issues raised in the petitions have been rendered academic by subsequent events. On May 14, 2001, a new set of district and party-list representatives were elected to the House. The Court cannot now resolve the issue of proportional representation in the HRET and the CA based on the "present composition" of the House of Representatives as presented by petitioners and the Solicitor General. With the May 14, 2001 elections, it is certain that the composition of the House has changed.
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