Philippine Constitution Association, Inc.(PHILCONSA) vs. Mathay G.R. No. L-25554, October 4, 1966

Facts: Petitioner has 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(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; while the term of the members of the House who participated in the approval of said Act expired on December 30, 1965.


Issue: Does Sec. 14(now Sec. 10) 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: In establishing what might be termed a waiting period before the increased compensation for legislators becomes fully effective, 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.

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.