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9 views

Sample Case Digest

Uploaded by

cellacay.el34
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No. L-10520, February By: Ladia, M.R.M.

No, Cuenco, in stating that the matter involved in the


28, 1957 case is a political question, is not correct.
For
CASE DIGEST OF The term "political question" connotes, in legal
TAÑADA vs. CUENCO Political Question Doctrine parlance, what it means in ordinary parlance, namely, a
question of policy. In other words, in the language of Corpus
Juris Secundum, it refers to "those questions which, under
Facts: the Constitution, are to be decided by the people in their
sovereign capacity, or in regard to which full discretionary
Petitioner Tañada filed a case against Respondent authority has been delegated to the Legislature or executive
Cuenco before the Supreme Court, challenging the validity of branch of the Government." It is concerned with issues
Cuenco's election as Senator and his appointment as a dependent upon the wisdom, not legality, of a particular
member of the Senate Electoral Tribunal. Tañada claimed measure.
that the Constitution granted him the right to nominate the
next member of the tribunal. However, as a member of the The Senate is not clothed with "full discretionary
minority, he alleged that this right was disregarded by the authority" in the choice of members of the Senate Electoral
majority in appointing Cuenco to the position. In response, Tribunal. The exercise of its power thereon is subject to
Cuenco argued that the suit would not succeed because the constitutional limitations which are claimed to be mandatory
matter is a political question. in nature. It is clearly within the legitimate prove of the
judicial department to pass upon the validity the proceedings
Issue: in connection therewith.

Whether or not Cuenco is correct in stating that the Whether an election of public officers has been in
matter involved in the case is a political question. accordance with law is for the judiciary. Moreover, where the
legislative department has by statute prescribed election
Ruling: procedure in a given situation, the judiciary may determine
whether a particular election has been in conformity with
such statute, and, particularly, whether such statute has
been applied in a way to deny or transgress rights.

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