Professional Documents
Culture Documents
Electoral Commission
Jose Angara v. Electoral Commission, Pedro Ynsua, Miguel Castillo, Dionisio Mayor
Issues:
1. W/N SC has jurisdiction over the Electoral Commission and the
subject matter of the controversy
2. W/N the Electoral Commission acted without or in excess of its
jurisdiction in considering the protest filed re the election of the
petitioner despite the previous confirmation of such election by
the National Assembly
Held:
1. YES. Court has jurisdiction over the EC and present case.
2. NO. The Electoral Commissions action to consider the protest
is valid
Ratio:
Jurisdiction of SC over EC
Court has jurisdiction over Electoral Commission and the
present controversy to determine the character, scope and
extent of the constitutional grant to the EC as the sole judge of
all contests relating to the election, returns, and qualifications of
the members of the National Assembly (JUDICIAL SUPREMACY
IS THE POWER OF JUDICIAL REVIEW)
Nature and power of the Electoral Commission
Sole judge of all contests relating to the election, returns, and
qualifications of the members of the National Assembly
Purpose was to have an independent constitutional organ
devoid of partisan influence or consideration, to judge on
matters of election, returns and qualifications of members
Barred either House from interference in judgment
Locsin v. HRET
Maria Lourdes Locsin v. HRET and Monique Yazmin Maria O. Lagdameo
Doctrine: HRET is the sole judge of all contests relating to the election,
returns, and qualifications of the members of the National Assembly
Keywords: HRET as sole judge; electoral contests
Nature: certiorari and prohibition to enjoin HRET from implementing
assailed Decision and Resolution; dismissed
Date: March 19, 2013
Ponente: J. Leonen
Facts:
Issue:
1. W/N the HRET committed grave abuse of discretion in
dismissing petitioners election protest
Held:
Ratio:
Vera v. Avelino
Jose O. Vera, et al. v. Jose A. Avelino, et al.
Doctrine: HRET is the sole judge of all contests relating to the election,
returns, and qualifications of the members of the National Assembly; an
election contest is one where [petitioner] wants to dismiss the
[respondent] or person proclaimed as winner in the elections and
replace him/her in office
Keywords: definition of election contest; Senate
Nature: order to annul Resolution deferring administration of oath to
petitioners and compel respondents to permit them to hold office;
dismissed because there is no election contest
Date: August 31, 1946
Ponente: J. Bengzon
Facts:
Issues:
1. W/N the court has jurisdiction on the matter
2. W/N the prohibition is applicable
3. W/N the Senate has exceeded powers
4. W/N the respondents have the duty to permit the petitioners to
assume office and take part in sessions
Held:
1. NO. If a member has been expelled by the legislative body, courts
have no power, regardless if the expulsion was right or wrong, to issue a
mandate to compel his reinstatement (in the case of Alejandrino)
SUPPOSING THAT THE COURT HAS JURISDICTION
2. NO. It is beyond the scope. Prohibition only refers to proceedings of
any tribunal, corporation, board, or person exercising judicial or
ministerial functions. In this case, the respondents exercise legislative
function.
3. NO. The Senate, for self-preservation, has the power to defer the
administration of oath and the sitting of the petitioners pending the
determination of the contest.
4. NO. The decision recognizes the Congressional (legislative) power
and that that power is beyond the ken (cognizance) of judicial
determination.
Ratio:
Roces v. HRET
Miles Andrew Mari Roces v. HRET and Maria Zenaida B. Nag Ping
Issues:
1. W/N HRET committed grave abuse of discretion amounting to
lack or excess of jurisdiction when it ruled that Zenaida is a
proper party to file protest despite the cancellation of her COC
2. W/N HRET has jurisdiction to review a resolution/order of
COMELEC and declare it void
Held:
1. NO. It did not commit grave abuse of discretion.
2. YES. HRET can review COMELEC resolutions.
Ratio:
On grave abuse
HRET is the sole judge of all contests relating to the election,
returns, and qualifications of the members of the HoR;
HRET exercised its exclusive jurisdiction in ruling Zenaida Ang
Ping as a proper party
There was no final COMELEC resoln disqualifying COC of
Harry Ang Ping; thus, substitution for Harry is valid under
Omnibus Election Code
One of candidates voted for in the elections
COMELEC Resoln is of questionable validity; Garcillano did
not promulgate it as scheduled
On jurisdiction to review COMELEC resolutions
BECAUSE PETITIONER HIMSELF SUBMITTED THOSE
RESOLUTIONS as proof that Zenaida Ang Ping is not a proper
party; in the first place, COMELECs resolutions are void ab
initio for violating her right to due process
Seeres v. COMELEC
Issue:
1. W/N certiorari filed by Seeres is the proper remedy
Held:
1. NO. In this case, petition for certiorari is not the proper
remedy.
Ratio:
Certiorari may be availed when the tribunal/board/person with
judicial or quasi-judicial functions acted without or in excess of
jurisdiction and there is no appeal or plain, speedy, adequate
remedy in the ordinary course of law for annulling proceeding;
for it to prosper, COMELEC should have acted with grave abuse
of discretion and no other remedy in ordinary course of law
o A plain, speedy, and adequate remedy was available to
Seeres. Officers already assumed office so he should
have filed petition before HRET and not before the
Court
o HRET is the sole judge of all contests relating to
elections, returns, and qualifications of the House of
Representatives