CASE DIGEST: Advincula v. Commission on Appointments, G.R. No. L-19823, Aug. 31, 1962

[G.R. No. L-19823. August 31, 1962.] RUPERTO ADVINCULA and BRAULIO AVELINO, Petitioners, v. HON. COMMISSION ON APPOINTMENTS and its Chairman THE HON. PRESIDENT OF THE PHILIPPINE SENATE; SECRETARY OF JUSTICE; HON. JUDICIAL SUPERINTENDENT, DEPARTMENT OF JUSTICE; HON. JUDGE CESARIO GOLEZ; THE SECRETARY OF THE COMMISSION ON APPOINTMENTS, Respondents.

FACTS: Under Sec. 21 of the Revised Rules of the Commission on Appointments, approval of Presidential appointments may be reconsidered within ONE DAY after said approval. Approval of the appointment of a certain municipal judge was made Friday, Apr. 27, 1962. Reconsideration was asked on Monday, Apr. 30, 1962, on the theory that, under Rep. Act No. 1880, Saturday and Sunday are holidays.

ISSUE: Is this a correct interpretation of the provision?

HELD: This is an internal business of the legislature (interpretation of its own rules) which CANNOT be made the subject of judicial inquiry.

Popular Posts