Case Digest (G.R. No. 191998)
Facts:
Walden F. Bello and Loretta Ann P. Rosales, G.R. No. 191998; Liza L. Maza and Saturnino C. Ocampo, G.R. No. 192769; Bayan Muna Party‑List, represented by Teodoro Casino, G.R. No. 192832, December 07, 2010, the Supreme Court En Banc, Brion, J., writing for the Court.On November 29, 2009, Ang Galing Pinoy Party‑List (AGPP) filed its Manifestation of Intent to participate in the May 10, 2010 elections and on March 23, 2010 submitted its Certificate of Nomination and Certificates of Acceptance. The Commission on Elections (COMELEC) promulgated Resolution No. 8807 (rules on disqualification of party‑list nominees) on March 25, 2010, prescribing documentary requirements (Section 6) and allowing motu proprio disqualification (Section 10); by COMELEC Resolution No. 8646 the deadline to submit those documents was March 29, 2010.
Beginning March 25, 2010 several parties filed petitions with the COMELEC to disqualify Juan Miguel “Mikey” Arroyo as AGPP’s nominee. Petitioners (including Liza L. Maza, Saturnino C. Ocampo, Bayan Muna, and later Bayan Muna again represented by Neri Colmenares) alleged that Arroyo did not belong to the marginalized sector AGPP claimed to represent, was not a bona fide member of AGPP for the required ninety (90) days, and that AGPP’s registration was defective. Arroyo answered that COMELEC lacked jurisdiction over nominee qualifications and that he met the bona fide membership requirement.
The COMELEC Second Division, in a May 7, 2010 joint resolution, dismissed the disqualification petitions, finding Arroyo had been a member since November 20, 2009 and participated in AGPP activities. The COMELEC en banc denied reconsideration in a consolidated July 19, 2010 resolution, ruling that Section 9 of R.A. No. 7941 (the Party‑List System Act) only requires bona fide membership and age, and declaring Section 6 of Resolution No. 8807 ultra vires.
On May 7, 2010 Walden Bello and Loretta Ann P. Rosales filed a petition for mandamus and prohibition with this Court (G.R. No. 191998) seeking to compel COMELEC to disqualify AGPP nominees motu proprio and to enjoin COMELEC from giving due course to AGPP’s participation. On July 23 and 29, 2010 Liza Maza, Saturnino Ocampo and Bayan Muna filed separate petitions for certiorari (G.R. Nos. 192769 and 192832) to annul the COMELEC Second Division and en banc resolutions dismissing their disqualification petitions.
In the May 10, 2010 elections AGPP obtained enough votes for one seat; on July 21, 2010 the COMELEC National Board of Canvassers proclaimed Arroyo as AGPP’s duly‑elected party‑list representative, and he took his oath and was entered in the Roll of Members of the House of Representatives. Two quo warranto petitions challenging Arroyo’s qualifications were subsequently filed with the House of Repre...(Pro-only)
Issues:
- Does a writ of mandamus lie to compel the COMELEC to disqualify AGPP’s nominees motu proprio or to cancel AGPP’s registration when administrative remedies under COMELEC rules and R.A. No. 7941 exist?
- Can the COMELEC be enjoined from giving due course to AGPP’s participation in the May 10, 2010 elections, canvassing AGPP’s votes, and proclaiming it a winner?
- After Arroyo’s proclamation and assumption to office, does the House of Representatives Electoral Tribunal (HRET) have exclusive original jurisdiction over questions of his qualific...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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