GR No.
172131
April 02, 2007
LIWAYWAY VINZONS-CHATO, Petitioner,
vs.
COMMISSION ON ELECTIONS and RENATO J. UNICO, Respondents.
Topic: Function/Power
Doctrine: The HRET has sole and exclusive jurisdiction over all contests
relative to the election, returns, and qualifications of members of the House
of Representatives. Thus, once a winning candidate has been proclaimed,
taken his oath, and assumed office as a Member of the House of
Representatives, COMELEC’s jurisdiction over election contests relating to
his election, returns, and qualifications ends, and the HRET’s own jurisdiction
begins.
FACTS
1. Petitioner filed a petition with the Comelec. Petitioner Chato alleged that
during the canvassing of the election returns before the Municipal Board of
Canvassers of Labo (MBC Labo).
2. Petitioner’s counsel raised several objections and pointed to manifest
errors or obvious discrepancies in the election returns from various precints
of the municipality of Labo.
3. MBC Labo gave her 24 hours to prove the allegations.
4. Before the expiration of the period granted without notice to petitioner or
her counsel, the MBC Labo concluded the canvassing of votes hastily
forwarded the results of its canvass to the Provincial Board of Canvassers
(PBC) of Camarines Norte.
5. At that time, petitioner’s counsel was supposed to deliver to the MBC Labo
her letter enumeration the election returns allegedly containing manifest
errors and discrepancies.
6. Petitioner’s counsel was constrained to appear before the PBC and moved
for the suspension of its proceedings on the ground that there were still
pending incidents before the MBC Labo. The PBC denied the said motion.
Petitioner then filed a letter-petition for reconsideration of the denial of her
request to remand the matter to the MBC.
7. Petitioner’s counsel received a resolution of the PBC denying the finality
with her letter-petition for reconsideration. PBC stated that the pre-
proclamation controversy was not allowed for the election of Members of the
House of Representatives. The matters raised by petitioner were proper for
an election protest before the competent tribunal. PBC argued that it had no
authority to direct the MBC Labo to reconvene for the purpose of receiving
petitioner’s written objections and supporting documents and re-canvassing
the election returns.
8. The PBC proclaimed respondent as representative-elect of the lone
congressional district of Camarines Nortes.
9. Petitioner forthwith filed with the Comelec a petition alleging discrepancies
and errors in the returns and requested that petitioner’s proclamation be
annulled.
10. The Comelec dismissed the petition for lack of merit. It stated
preliminarily that the MBC is precluded from entertaining pre-proclamation
controversies on matters relating to the preparation, transmission, receipt,
custody, and appreciation of the election returns or certificates of canvass
involving the positions of President, Vice-President, Senators, and Members
of the House of Representatives and Party-List.
11. The Comelec denied petitioner’s motion for reconsideration ruling that
the Commission had already lost jurisdiction over the case in view of the fact
that respondent had already taken his oath as a Member of the Thirteenth
Congress.
ISSUE
W/N Comelec committed grave abuse of discretion when it ruled that it had
already been divested of jurisdiction upon respondent Unico’s assumption of
office as a Member of the House of Representatives.
RULING
No. Comelec did not commit grave abuse of discretion when it issued the
assailed resolution holding that it had lost jurisdiction upon respondent
Unico’s proclamation and oath-taking as a Member of the House of
Representatives.
Section 17, Article VI of the Constitution reads:
SEC. 17. The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine Members, three of whom shall
be Justices of the Supreme Court to be designated by the Chief Justice, and
the remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and the parties or
organizations registered under the party-list system represented therein.
The senior Justice in the Electoral Tribunal shall be its Chairman.
The Senate and the House of Representatives now have their respective
Electoral Tribunals which are the "sole judge of all contests relating to the
election, returns, and qualifications of their respective Members, thereby
divesting the Commission on Elections of its jurisdiction under the 1973
Constitution over election cases pertaining to the election of the Members of
the Batasang Pambansa (Congress). It follows that the COMELEC is now
bereft of jurisdiction to hear and decide the pre-proclamation controversies
against members of the House of Representatives as well as of the Senate.
The HRET has sole and exclusive jurisdiction over all contests relative to the
election, returns, and qualifications of members of the House of
Representatives. Thus, once a winning candidate has been proclaimed,
taken his oath, and assumed office as a Member of the House of
Representatives, COMELEC’s jurisdiction over election contests relating to
his election, returns, and qualifications ends, and the HRET’s own jurisdiction
begins.
FALLO
WHEREFORE, in view of the foregoing, the instant petition is DISMISSED for
lack of merit.
