Case Digest (G.R. No. 83767)
Facts:
Firdausi Smail Abbas et al. v. The Senate Electoral Tribunal, G.R. No. 83767, October 27, 1988, Supreme Court En Banc, Gancayco, J., writing for the Court.Petitioners (a group of candidates and public figures) filed SET Case No. 002-87 before the Senate Electoral Tribunal on October 9, 1987, an election contest against 22 candidates of the LABAN coalition who had been proclaimed senators-elect in the May 11, 1987 congressional elections by the Commission on Elections. At the time the Tribunal was composed of nine members: three Justices of the Supreme Court (Senior Associate Justice Pedro L. Yap as Chairman, Associate Justices Andres R. Narvasa and Hugo E. Gutierrez, Jr.) and six Senators (Joseph E. Estrada, Neptali A. Gonzales, Teofisto T. Guingona, Jose Lina, Jr., Mamintal A.J. Tamano and Victor S. Ziga).
On November 17, 1987, petitioners (except Senator Estrada but including Senator Juan Ponce Enrile, who had been designated a Member replacing Senator Estrada) filed a Motion for Disqualification or Inhibition asking that the six Senator-Members be disqualified from hearing and resolving SET Case No. 002-87 because they were interested parties (respondents) in the contest. Prior to that, Senator Rene A.V. Saguisag (a respondent in the contest) had filed a Petition to Recuse and a Supplemental Petition to Recuse the same Senator-Members on similar grounds; Senator Vicente T. Paterno filed comments. Memoranda were filed, oral argument was held, and the Tribunal issued Resolutions dated February 12, 1988 and May 27, 1988 denying, respectively, the Motion for Disqualification/Inhibition and the subsequent Motion for Reconsideration.
Senator Juan Ponce Enrile voluntarily inhibited himself from participating in hearings and deliberations in both SET Case No. 002-87 and SET Case No. 001-87 (a separate contest involving him). Aggrieved by the Tribunal's denials, the petitioners brought a Special Civil Action for certiorari in the Supreme Court (seeking to nullify and set aside the Tribunal's February 12 and May 27...(Subscriber-Only)
Issues:
- Did the Senate Electoral Tribunal commit grave abuse of discretion amounting to lack or excess of jurisdiction in denying the Motion for Disqualification or Inhibition and the Motion for Reconsideration?
- May the Tribunal’s Rules be amended (or otherwise construed) to permit adjudication of a senatorial election contest by only the three Supreme Court Justices who are members of the Tribunal (effectiv...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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