FACTS
The COMELEC submitted its
report regarding the national elections to the President and Congress. The
report states that the voting in the provinces of Pampanga, Nueva Ecija,
Bulacan and Tarlac did not reflect the true and free expression of the popular
will because of the acts of terrorism and violence. Consequently, Jose Vera,
Ramon Diokno, and Jose Romero (the petitioners), who had been included among
the sixteen candidates for senator receiving the highest number of votes shall
not be sworn, nor seated, as members of the chamber. The petitioners brought an
action to compel the respondents to permit them to occupy their seats, and to
exercise their senatorial prerogatives.
ISSUE
Whether or not the Supreme
Court has jurisdiction over the case.
HELD
No, because no court has ever
held and will ever hold that it possesses power to direct the Chief Executive
or the Legislature or a branch thereof to take any particular action. The rule
is non-interference. The Court could not order one branch of the Legislative to
reinstate a member thereof. To do so would be to establish judicial
predominance, and to upset the classic pattern of checks and balances wisely woven
into our institutional setup.
Comments
Post a Comment