Case Summary (G.R. No. 167594)
Factual Background
On January 5, 2004, both Planas and Cabochan filed their Certificates of Candidacy for the congressional position in Quezon City. Cabochan's certificate was notarized by Atty. Merito L. R. Fernandez; however, it was subsequently revealed that Fernandez’s notarial commission had expired prior to the notarization, a violation of the Omnibus Election Code. Following these events, Ramil T. Cortiguerra filed a petition with the COMELEC to deny Cabochan's candidacy based on the aforementioned issues. On January 15, 2004, Cabochan withdrew her candidacy, leading to Defensor filing as her substitute.
Legal Proceedings Before COMELEC
The COMELEC convened hearings regarding Cortiguerra's petition, ultimately issuing a memorandum recommending the denial of Cabochan’s candidacy, which was next brought to the attention of the COMELEC En Banc. In the meantime, elections were conducted on May 10, 2004, during which Defensor was proclaimed the winner. On May 14, 2004, COMELEC’s First Division invalidated both Cabochan’s and Defensor’s certificates. Despite this, Defensor was still declared the winning candidate shortly after.
Petitioner’s Argument
Planás argued that the COMELEC acted with grave abuse of discretion by believing that it was ousted of jurisdiction once Defensor was proclaimed. He cited provisions from the Electoral Reforms Law, emphasizing that the invalidation of candidacies must be finalized before the election, and stated that the House of Representatives Electoral Tribunal (HRET) did not hold jurisdiction over the election case since resolutions from COMELEC must be evaluated by COMELEC en banc prior to any proclamation. He further contended that Cabochan's Certificate of Candidacy was invalid due to improper notarization.
Jurisdictional Issues
The decision reviewed underlines that typically, following a candidate's proclamation, the jurisdiction shifts from COMELEC to HRET. However, this is challenged under circumstances wherein the proclamation itself is deemed illegal. Past case law indicated that if an election resolution is still subject to appeal, the jurisdiction stays with the COMELEC.
Court Ruling
The court held that as the resolution invalidating Defensor's candidacy was not final at the time of his proclamation, the proclamation
...continue readingCase Syllabus (G.R. No. 167594)
Background of the Case
- Petitioner Michael F. Planas challenges the March 11, 2005 Resolution issued by the Commission on Elections (COMELEC) En Banc in SPA 04-255 regarding the candidacy of Anna Liza C. Cabochan.
- On January 5, 2004, both Planas and Cabochan filed their certificates of candidacy for Representative of the Third Congressional District of Quezon City, with Planas representing the Koalisyon ng Nagkakaisang Pilipino-Laban ng Demokratikong Pilipino and Cabochan under the Liberal Party.
- Cabochan's certificate was notarized on the same date by Atty. Merito L. R. Fernandez, whose notary commission had expired by December 31, 2003.
Petition Filed
- On January 12, 2004, Ramil T. Cortiguerra filed a petition before COMELEC alleging that Cabochan’s candidacy was invalid due to the expired notary commission, thus violating Section 73 of the Omnibus Election Code.
- Cabochan withdrew her candidacy on January 15, 2004, and Matias V. Defensor subsequently filed his candidacy to substitute for her.
Hearing and Recommendations
- During the January 22, 2004 hearing, the parties agreed on two key issues: the validity of Cabochan's candidacy and the legality of Defensor’s substitution.
- Atty. Esmeralda Amora-Ladra of the COMELEC NCR Office recommended on April 15, 2004, that Cabochan's candidacy be denied due course and cancelled, along with the substitution by Defensor.
- On April 20, 2004,