Case Digest (G.R. No. 178624)
Facts:
- Jose Concepcion, Jr. is the petitioner against the Commission on Elections (COMELEC).
- On January 5, 2007, NAMFREL filed a Petition for Accreditation to Conduct the Operation Quick Count with COMELEC, registered as SSP No. 07-001.
- Concepcion was the incumbent Punong Barangay of Barangay Forbes Park in Makati City and served as the National Chairman of NAMFREL.
- COMELEC issued Resolution No. 7798 on the same day, prohibiting barangay officials from being appointed as members of the Board of Election Inspectors (BEIs) or as official watchers for any political party or organization.
- The prohibition aimed to prevent undue influence on the electoral process by barangay officials.
- On April 2, 2007, COMELEC conditionally granted NAMFREL's petition but required Concepcion to resign from his position before accreditation could take effect.
- NAMFREL submitted a request for re-examination after Concepcion stepped down, but COMELEC denied this request on May 8, 2007.
- Concepcion filed a petition for certiorari, questioning the validity of the April 2 Resolution and the legality of Resolution No. 7798.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the petition for certiorari, stating that Concepcion lacked the standing to question the April 2, 2007 Resolution as he was not a party to the original proceedings.
- The Court found the petition fundamentally flawed for impr...(Unlock)
Ratio:
- The Court's decision was based on the principle that only an aggrieved party involved in the original proceedings has the standing to file a petition for certiorari under Rule 65.
- Since NAMFREL, the direct party to the April 2 Resol...continue reading
Case Digest (G.R. No. 178624)
Facts:
The case involves Jose Concepcion, Jr. as the petitioner against the Commission on Elections (COMELEC) as the respondent. The events leading to the case began on January 5, 2007, when the National Citizen's Movement for Free Elections (NAMFREL) filed a Petition for Accreditation to Conduct the Operation Quick Count with the COMELEC, which was docketed as SSP No. 07-001. At that time, Concepcion was the incumbent Punong Barangay of Barangay Forbes Park in Makati City and served as the National Chairman of NAMFREL. On the same day, COMELEC issued Resolution No. 7798, which prohibited barangay officials from being appointed as members of the Board of Election Inspectors (BEIs) or as official watchers for any political party or organization. This prohibition was based on the premise that barangay officials could unduly influence the electoral process due to their positions within the community.
On April 2, 2007, COMELEC conditionally granted NAMFREL's petition for accreditation, but stipulated that Concepcion must resign from his position as National Chairman and member of NAMFREL before the accreditation could take effect. This condition was rooted in the earlier Resolution No. 7798, which explicitly barred barangay officials from participating in such capacities. Following this, NAMFREL submitted a "Manifestation and Request for Re-Examination," indicating that Concepcion had stepped down as National Chair and requested a re-examination of the April 2, 2007 Resolution. However, COMELEC denied this request in its Order dated May 8, 2007, asse...