Title
Supreme Court
Seneres vs. Commission on Elections
Case
G.R. No. 178678
Decision Date
Apr 16, 2009
Dispute over BUHAY party-list leadership and 2007 election nominations; COMELEC upheld Robles' authority under hold-over principle, dismissing SeAeres' challenge.

Case Digest (G.R. No. 138696)
Expanded Legal Reasoning Model

Facts:

  • BUHAY Party-List Background
    • In October 1999, Melquiades A. Robles was elected President and Chairperson of Buhay Hayaan Yumabong (BUHAY), a party-list group registered with COMELEC.
    • BUHAY’s constitution provided a three-year term for officers, with no re-election; despite this, no elections were held after Robles’s term expired in 2002.
  • 2007 Nomination Dispute
    • On March 27, 2007, Hans Christian SeAeres, claiming to be acting President and Secretary-General of BUHAY, filed a Certificate of Nomination with COMELEC, listing himself and four others as nominees.
    • On March 29, 2007, Robles filed BUHAY’s official Certificate of Nomination for the May 2007 elections, nominating five different individuals.
    • On May 10, 2007, BUHAY’s National Council adopted a resolution expelling SeAeres for unauthorized filings and naming non-members as nominees.
  • COMELEC Resolutions and Supreme Court Petition
    • On July 9 and July 18, 2007, COMELEC sitting as the National Board of Canvassers proclaimed BUHAY as entitled to three party-list seats.
    • On July 19, 2007, the COMELEC En Banc issued Resolution E.M. No. 07-043, recognizing Robles as BUHAY’s duly authorized President in hold-over capacity and validly signing nomination documents.
    • On July 20, 2007, the first three nominees filed by Robles took their oaths as BUHAY representatives; on July 23, 2007, SeAeres filed a Petition for Certiorari before the Supreme Court to annul the July 19 resolution.

Issues:

  • Whether the COMELEC acted without or in excess of jurisdiction or with grave abuse of discretion in issuing Resolution E.M. No. 07-043 declaring Robles as BUHAY’s authorized representative.
  • Whether a petition for certiorari under Rule 65 before the Supreme Court is the proper remedy, given the availability of other legal remedies.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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