Title
Firdausi Smail Abbas vs. Senate Electoral Tribunal
Case
G.R. No. 83767
Decision Date
Oct 27, 1988
Election contest filed against 22 LABAN senators; petitioners sought disqualification of Senator-Members of SET, proposed rule amendment. SC upheld SET's composition, dismissed petition, citing constitutional mandate and no grave abuse of discretion.

Case Digest (G.R. No. 63208-09)
Expanded Legal Reasoning Model

Facts:

  • Parties and Nature of the Action
    • Petitioners are twenty-four Senators-elect who filed a Special Civil Action for certiorari to nullify and set aside two Resolutions of the Senate Electoral Tribunal (SET) dated February 12 and May 27, 1988.
    • Respondent is the SET, then composed of nine members: Senior Associate Justice Pedro L. Yap (Chairman), Associate Justices Andres R. Narvasa and Hugo E. Gutierrez, Jr., and Senators Joseph E. Estrada, Neptali A. Gonzales, Teofisto T. Guingona, Jose Lina, Jr., Mamintal A.J. Tamano and Victor S. Ziga.
  • Underlying Election Contest and Disqualification Motions
    • On October 9, 1987, petitioners docketed SET Case No. 002-87, contesting the proclamation of twenty-two LABAN coalition candidates in the May 11, 1987 Senate elections.
    • On November 17, 1987, petitioners (excluding Estrada but including Enrile, his designated substitute) filed a Motion for Disqualification/Inhibition of the six Senator-Members of the Tribunal, alleging they were interested parties as respondents in the contest.
    • Prior to that, respondent-Senators Rene A.V. Saguisag and Vicente T. Paterno filed petitions and comments to recuse the same Tribunal members on similar grounds. Memoranda were submitted and oral arguments heard before the Resolutions denying all such motions were issued.
    • Senator Juan Ponce Enrile voluntarily inhibited himself from participating in both SET Case Nos. 002-87 and 001-87, citing personal involvement.
  • Petitioners’ Argument and Proposed Rule Amendment
    • Petitioners maintained that due process and fair play required mass disqualification of the Senator-Members and that the doctrine of necessity did not foreclose a constitutional solution.
    • They proposed amending SET Rules (new Section 24) to permit adjudication by any three remaining members—provided at least one is a Justice—if more than four members are disqualified, with decisions by majority vote and no abstentions.

Issues:

  • Propriety of Disqualification/Inhibition
    • Did the SET gravely abuse its discretion in denying the petitioners’ Motion for Disqualification/Inhibition of the six Senator-Members on the ground of partiality and interest?
  • Validity of Proposed Rule Amendment
    • Is the proposed amendment to the SET Rules—allowing only the three Supreme Court Justices to decide the contest—feasible and constitutional under Article VI, Section 17 of the 1987 Constitution?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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