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Philconsa V Mathay

The Philippine Constitution Association filed a suit seeking to prevent increased salaries authorized by RA 4134 from being paid to the Speaker and members of the House of Representatives. The Association argued this was unconstitutional as the terms of some Senators who approved the increase would not expire until December 30, 1969, but the terms of the approving House members expired in 1965. The Court agreed, finding that under Section 14, Article VI of the Constitution, the terms of all members of both the Senate and House who approved a salary increase must expire before it becomes effective. The provision refers to the Senate and House as a single unit and legislative body, and uses the singular term "expiration of the full term" to indicate both houses must be considered together.

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128 views1 page

Philconsa V Mathay

The Philippine Constitution Association filed a suit seeking to prevent increased salaries authorized by RA 4134 from being paid to the Speaker and members of the House of Representatives. The Association argued this was unconstitutional as the terms of some Senators who approved the increase would not expire until December 30, 1969, but the terms of the approving House members expired in 1965. The Court agreed, finding that under Section 14, Article VI of the Constitution, the terms of all members of both the Senate and House who approved a salary increase must expire before it becomes effective. The provision refers to the Senate and House as a single unit and legislative body, and uses the singular term "expiration of the full term" to indicate both houses must be considered together.

Uploaded by

Alvin Hilario
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

PHILIPPINE CONSTITUTION ASSOCIATION, INC. v.

ISMAEL MATHAY and JOSE VELASCO

Facts: The Philippine Constitution Association, a non-stock, non-profit association duly incorporated and
organized under the laws of the Philippines, and whose members are Filipino citizens and taxpayers,
filed a suit against the former Acting Auditor General of the Philippines and the Auditor of the Congress
of the Philippines seeking to permanently enjoin them from authorizing or passing in audit the payment
of the increased salaries authorized by RA 4134 to the Speaker and members of the House of
Representatives before December 30, 1969.

The 1965-1966 Budget implemented the increase in salary of the Speaker and members of the House of
Representatives set by RA 4134, approved just the preceding year 1964. Petitioner contends that such
implementation is violative of Article VI, Sec. 14 in the 1935 constitution (now Sec. 10) of the
Constitution. The reason given being that the term of the 8 senators elected in 1963, and who took part
in the approval of RA 4134, would have expired only on December 30, 1969 (so they will be able to
experience the increase in salary); while the term of the members of the House who participated in the
approval of said Act expired on December 30, 1965.

Issue: Does Section 14, Art. VI, of the Constitution require that not only the term of all the members of
the House, but also that of all the Senators who approved the increase must have fully expired before
the increase becomes effective?

Held: The Court agreed with petitioner that the increased compensation provided by RA 4134 is not
operative until December 30, 1969, when the full term of all members of the Senate and House that
approved it will have expired. The Constitutional provision refers to all members of the Senate and the
House of Representatives in the same sentence, as a single unit, without distinction or separation
between them. This unitary treatment is emphasized by the fact that the provision speaks of the
expiration of the full term of the Senators and Representatives that approved the measure, using the
singular form and not the plural, thereby rendering more evident the intent to consider both houses for
the purpose as indivisible components of one single Legislature. The use of the word term in the
singular, when combined with the following phrase all the members of the Senate and the House,
underscores that in the application of Art. VI, Sec. 14(now Sec. 10), the fundamental consideration is
that the terms of office of all members of the Legislature that enacted the measure must have expired
before the increase in compensation can become operative.

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