Title
Supreme Court
Marcoleta vs. Commission on Elections
Case
G.R. No. 181377
Decision Date
Apr 24, 2009
Internal conflict in Alagad party-list led to a legal dispute over representation in Congress, prompting Comelec rehearings and Supreme Court rulings.

Case Summary (G.R. No. 181377)

Factual Background

The Alagad Party-List first gained representation in Congress in 1998 with Osabel serving as the representative. In 2004, Marcoleta took over representation after another win. However, internal division occurred, leading both Osabel and Marcoleta to claim legitimacy as representatives of the party's constituency for the subsequent election. This resulted in separate submissions of nominees to the COMELEC, leading to extended litigation over the rightful representative of Alagad in the 14th Congress.

COMELEC's Initial Resolution

On July 18, 2007, COMELEC’s First Division ruled in favor of Osabel, declaring him the legitimate president of Alagad and granting the petition to cancel nominations submitted by the Marcoleta group. This decision led to appeals, culminating in a Commission en Banc vote on November 6, 2007, where the original decision favoring Osabel was reversed, although the voting comprised two votes in favor and three dissenting votes, which led to procedural complications regarding majority requirements.

Procedural Developments

Due to the failure to achieve a quorum on the November 6 resolution, COMELEC scheduled a rehearing. However, internal disputes persisted, complicating the scheduling and executing hearings. The First Division's previous ruling in favor of Osabel was eventually reaffirmed on February 5, 2008.

Marcoleta's Ex Parte Motion

On February 12, 2008, Marcoleta filed an ex parte motion to rectify the COMELEC’s previous ruling, which he argued erroneously referenced a rehearing that never occurred. Subsequently, the implementation of the February 5 resolution was suspended, as the COMELEC recognized procedural lapses resulting in the requirement of a rehearing.

Legal Issues Presented

Two petitions were consolidated for resolution: G.R. No. 181377, challenging the lack of a rehearing, and G.R. No. 181726, questioning the suspension of the February 5 Order. Marcoleta's group asserted that the COMELEC acted with grave abuse of discretion, while Osabel's group criticized the suspension of the Effects of the February 5 resolution and the necessity for a rehearing.

Court's Analysis of Rehearing Necessity

The Court clarified that the COMELEC did not abuse its discretion in ordering a rehearing, as the voting record indicated an evenly divided decision, thereby necessitating further examination of the case. It referenced COMELEC’s Rules of Procedure, stating that majority approval from all members is essential for decisional authority, implying that the previous order lacked lawful execution due to insufficient consensus.

Assessment of COMELEC’s Suspension Order

In evaluating the suspension order, the Court found jus

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