CONSTITUTIONAL LAW II DIGEST members of the Judiciary enjoy security of tenure under the
Constitution. Therefore, membership in the HRET may not
be terminated except for a just cause, such as, the expiration
BONDOC VS. PINEDA
of the member’s congressional term of office, his death,
[201 SCRA 792; G.R. No. 97710; 26 Sep 1991]
permanent disability, resignation from the political party he
represents in the tribunal, formal affiliation with another
Facts:
political party or removal for other valid cause. A member
may not be expelled by the House of Representatives for
In the elections held on May 11, 1987, Marciano Pineda of
party disloyalty, short of proof that he has formally affiliated
the LDP and Emigdio Bondoc of the NP were candidates for
with another
the position of Representative for the Fourth District of
Pampanga. Pineda was proclaimed winner. Bondoc filed a
protest in the House of Representatives Electoral Tribunal
(HRET), which is composed of 9 members, 3 of whom are
Justices of the SC and the remaining 6 are members of the
House of Representatives (5 members belong to the LDP
and 1 member is from the NP). Thereafter, a decision had
been reached in which Bondoc won over Pineda.
Congressman Camasura of the LDP voted with the SC
Justices and Congressman Cerilles of the NP to proclaim
Bondoc the winner of the contest.
On the eve of the promulgation of the Bondoc decision,
Congressman Camasura
received a letter informing him that he was already expelled
from the LDP for allegedly helping to organize the Partido
Pilipino of Eduardo Cojuangco and for allegedly inviting LDP
members in Davao Del Sur to join said political party. On the
day of the promulgation of the decision, the Chairman of
HRET received a letter informing the Tribunal that on the
basis of the letter from the LDP, the House of
Representatives decided to withdraw the nomination and
rescind the election of Congressman Camasura to the
HRET.
Issue:
Whether or not the House of Representatives, at the request
of the dominant political party therein, may change that
party’s representation in the HRET to thwart the
promulgation of a decision freely reached by the tribunal in
an election contest pending therein
Held:
The purpose of the constitutional convention creating the
Electoral Commission was to provide an independent and
impartial tribunal for the determination of contests to
legislative office, devoid of partisan consideration.
As judges, the members of the tribunal must be non-
partisan. They must discharge their functions with complete
detachment, impartiality and independence even
independence from the political party to which they belong.
Hence, disloyalty to party and breach of party discipline are
not valid grounds for the expulsion of a member of the
tribunal. In expelling Congressman Camasura from the
HRET for having cast a “conscience vote” in favor of
Bondoc, based strictly on the result of the examination and
appreciation of the ballots and the recount of the votes by
the tribunal, the House of Representatives committed a
grave abuse of discretion, an injustice and a violation of the
Constitution. Its resolution of expulsion against
Congressman Camasura is, therefore, null and void.
Another reason for the nullity of the expulsion resolution of
the House of Representatives is that it violates
Congressman Camasura’s right to security of tenure.
Members of the HRET, as sole judge of congressional
election contests, are entitled to security of tenure just as
