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    46 - Jose Alejandrino V Quezon

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    Kathleen Rose Taninas
    The Philippine Senate adopted a resolution depriving Senator Alejandrino of his position and privileges for one year after finding him guilty of assaulting another Senator. Alejandrino filed a case against the Senate President to have the resolution declared null and void. The Supreme Court ruled it did not have jurisdiction to annul resolutions by the Philippine Senate as the legislative and judicial branches are distinct and not subject to direct control by each other. While the judiciary determines the validity of laws and acts, it cannot directly compel legislative bodies to reinstate expelled members.

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    46 - Jose Alejandrino V Quezon

    Uploaded by

    Kathleen Rose Taninas
    76 views1 page
    The Philippine Senate adopted a resolution depriving Senator Alejandrino of his position and privileges for one year after finding him guilty of assaulting another Senator. Alejandrino filed a case against the Senate President to have the resolution declared null and void. The Supreme Court ruled it did not have jurisdiction to annul resolutions by the Philippine Senate as the legislative and judicial branches are distinct and not subject to direct control by each other. While the judiciary determines the validity of laws and acts, it cannot directly compel legislative bodies to reinstate expelled members.

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    Alejandrino v. Quezon

    Original Title

    46- Jose Alejandrino v Quezon

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    The Philippine Senate adopted a resolution depriving Senator Alejandrino of his position and privileges for one year after finding him guilty of assaulting another Senator. Alejandrino filed a case against the Senate President to have the resolution declared null and void. The Supreme Court ruled it did not have jurisdiction to annul resolutions by the Philippine Senate as the legislative and judicial branches are distinct and not subject to direct control by each other. While the judiciary determines the validity of laws and acts, it cannot directly compel legislative bodies to reinstate expelled members.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    76 views1 page

    46 - Jose Alejandrino V Quezon

    Uploaded by

    Kathleen Rose Taninas
    The Philippine Senate adopted a resolution depriving Senator Alejandrino of his position and privileges for one year after finding him guilty of assaulting another Senator. Alejandrino filed a case against the Senate President to have the resolution declared null and void. The Supreme Court ruled it did not have jurisdiction to annul resolutions by the Philippine Senate as the legislative and judicial branches are distinct and not subject to direct control by each other. While the judiciary determines the validity of laws and acts, it cannot directly compel legislative bodies to reinstate expelled members.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    JOSE ALEJANDRINO v. MANUEL L. QUEZON, ET AL.

    , GR No 22041 11
    September 1924

    Facts: On February 5, 1924, a resolution was adopted by the Philippine Senate


    composed of the respondent Senators, , depriving Senator Alejandrino of all the
    prerogatives, privileges, and emoluments of his office for the period of one year from the
    first of January, 1924. The resolution was issued after having found the petitioner guilty
    of disorderly conduct and flagrant violation of the privileges of the Senate for having
    treacherously assaulted Vince de Vera, Senator for the Sixth District, on the occasion of
    certain phrases being uttered by the latter in the course of the debate regarding the
    credentials of Senator Alejandrino.
    Subsequently, Alejandrino filed mandamus and injunction against respondent
    Senate President Manuel Quezon from executing the said resolution and to declare the
    said resolution null and void.
    Respondents, through the Attorney General, objects, claiming the Supreme Court
    has no jurisdiction therein.

    Issue: Whether or not the Supreme Court has the power to annul the Resolution
    made by the Philippine Senate against Senator Alejandrino.

    Ruling: The Supreme Court declared that neither the Philippine Legislature nor a
    branch thereof can be directly controlled in the exercise of their legislative powers by any
    judicial process. The court accordingly lacks jurisdiction to consider the petition.
    Each of the three departments is distinct and not directly subject to the control of
    another department. The power to control is the power to abrogate and the power to
    abrogate is the power to usurp. Each department may, nevertheless, indirectly restrain
    the others.
    It is the duty of the judiciary to say what the law is, to enforce the Constitution, and
    to decide whether the proper constitutional sphere of a department has been
    transcended. The courts must determine the validity of legislative enactments as well as
    the legality of all private and official acts. To this extent, do the courts restrain the other
    departments. In this regard, it has been held that there where a member has been
    expelled by the legislative body, the courts have no power, irrespective of whether the
    expulsion was right or wrong, to issue a mandate to compel his reinstatement.

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