G.R. No. 179431-32 - Lokin, Jr. vs. Commission on Elections

CIBAC’s participation and nomination process
On March 29, 2007, Citizens’ Battle Against Corruption (CIBAC) filed its manifestation of intent to participate in the May 14, 2007 elections and submitted a list of five nominees in the following order: Emmanuel Joel J. Villanueva; Luis K. Lokin, Jr.; Cinchona C. Cruz-Gonzales; Sherwin N. Tugna; Emil L. Galang. Certificates of acceptance were attached, and the list was published in The Philippine Star and The Philippine Daily Inquirer.
On May 7, 2007, CIBAC filed a certificate of nomination, substitution, and amendment withdrawing Lokin, Tugna, and Galang, and substituting Armi Jane R. Borje. The amended list became Villanueva; Cruz-Gonzales; Borje.

Post-election communications and COMELEC actions
On June 20, 2007, Villanueva transmitted petitions signed by over 81% of CIBAC members, confirming withdrawal of the three nominees and substitution of Borje.
On June 26, 2007, CIBAC moved for the proclamation of Lokin as second nominee based on its entitlement to a second seat (744,674 votes). The COMELEC did not act, prompting Villanueva to file a petition on June 28.

NBC resolutions and final substitution
On July 9 and July 18, 2007, the National Board of Canvassers (NBC) partially proclaimed party-lists entitled to seats but held CIBAC’s second-nominee proclamation in abeyance (NBC Res. Nos. 07-60 and 07-72).
On September 14, 2007, the COMELEC en banc in E.M. No. 07-054 approved CIBAC’s withdrawal of Lokin, Tugna, and Galang and substituted Cruz-Gonzales (as second nominee) and Borje (as third). Cruz-Gonzales was proclaimed and took her oath on September 17, 2007.

Consolidated petitions before the Supreme Court
G.R. Nos. 179431-32: Lokin filed for mandamus to compel proclamation of himself as CIBAC’s second nominee.
G.R. No. 180443: Lokin filed for certiorari to annul Section 13 of COMELEC Resolution No. 7804 and the September 14, 2007 resolution approving CIBAC’s withdrawal and substitution.

Jurisdiction
Whether the Supreme Court has original and exclusive jurisdiction over Lokin’s petitions, or whether the matter falls under the House of Representatives Electoral Tribunal (HRET).

Forum-shopping
Whether filing both mandamus and certiorari petitions constitutes forum-shopping.

Validity of Section 13, COMELEC Res. No. 7804
Whether Section 13 unlawfully expands Section 8 of R.A. No. 7941 by adding “withdrawal by the party” as a ground for substitution.

Abuse of discretion by COMELEC
Whether the COMELEC gravely abused its discretion in approving CIBAC’s nomination withdrawal and substitution after polls closed and in deferring Lokin’s proclamation.