Members of a collegiate body are supposed to influence one another
Section 13 of Article VIII of the 1987 Constitution states: "The conclusions of
the Supreme Court in any case submitted to it for decision en banc or in
division shall be reached in consultation before the case is assigned to
a Member for the writing of the opinion of the Court." (Emphasis supplied)
The above provision of the Constitution is an example of how collegiate bodies
work, especially in courts or in offices and commissions exercising
quasi-judicial powers. It is normal -- and frankly, expected -- for members of
a collegiate court or body to influence one another. Otherwise, there would be
no need for collegiality.
In fact, collegiate bodies are often called and cited as "influence-oriented social system."[1]
The issue on whether a colleague can influence another was raised due to the
recent in-fighting in the Commission on Elections (COMELEC), especially
between Commissioner Aimee Ferolino and Presiding Commission Rowena
Guanzon (First Division).
The COMELEC's internal rules require the same consultation requisite prior to
decisions and conclusions. It says: "The conclusions of the Commission in any
case submitted to it for decision en banc or in Division shall be reached in
consultation before the case is assigned by raffle to a Member for the writing
of the opinion of the Commission or the Division and a certification to this
effect signed by the Chairman or the Presiding Commissioner, as the case may
be, shall be incorporated in the decision. Any Member who took no part, or
dissented, or abstained from a decision or resolution must state the reason
therefor." [2]
In a letter sent by Comm. Ferolino to the COMELEC Chairman, Sheriff M.
Abas, it was pointed out that Comm. Guanzon was trying to influence the
ponente (Comm. Ferolino) over the disqualification case against presidential
aspirant Bongbong Marcos, Jr.
In a report by Businessmirror.com.ph, it is said: "Ferolino, in a three-page
letter to Comelec Chairman Sheriff M. Abas, denied Guanzon's accusation that
she is deliberately delaying the release of the ruling. The poll official said
she did not agree on Guanzon's Jan. 17 deadline and that the presiding
official of the Comelec First Division is supposedly
trying to influence her decision." (Emphasis supplied)
However, the discussion above in no way means that all actions and statements
of Comm. Guanzon are blameless or justified.
[1] https://scholarworks.wmich.edu/cgi/viewcontent.cgi?article=4003&context=dissertations.
[2] COMELEC Rules of Procedure - Part IV - Rule 18. Approved: 15 February
1993.
https://comelec.gov.ph/index.html?r=References/RelatedLaws/RulesOfProcedures/RulesGoverningPleadings/ROPPart4/ROPPart4Rule18.
