Case Summary (G.R. No. 202039)
Procedural History
SeAeres petitioned COMELEC on April 17, 2007 to deny due course to Robles’s Certificates for lack of authority and alleged partisan political activity. On May 10, 2007, Buhay’s National Council expelled SeAeres. COMELEC’s en banc, on July 19, 2007, issued Resolution E.M. No. 07-043, recognizing Robles as the duly authorized party president and nominating officer. SeAeres then filed a certiorari petition before the Supreme Court.
Issue
Whether COMELEC acted without or in excess of jurisdiction or with grave abuse of discretion in issuing Resolution E.M. No. 07-043 and whether certiorari was the proper remedy, given the availability of other legal remedies.
Proper Remedy and Jurisdictional Exclusivity
The Court held that once party-list nominees have been proclaimed, have taken their oaths, and assumed office, contests over their election, returns, or qualifications fall exclusively under the House of Representatives Electoral Tribunal (HRET) pursuant to Art. VI, Sec. 17 of the 1987 Constitution. A petition for quo warranto before the HRET was the proper remedy, not a certiorari petition before the Supreme Court. SeAeres’s failure to file within ten days rendered the COMELEC resolution final and the petition moot.
Partisan Political Activity Argument
SeAeres argued that Robles’s dual role as a civil servant and party president violated the constitutional and statutory prohibition on partisan political activity. The Court rejected this, finding that signing and filing a Certificate of Nomination are internal party processes not intended to enhance the electoral prospects of specific candidates and thus fall outside the definition of electioneering or partisan political activity under the Omnibus Election Code and Civil Service Law.
Hold-Over Principle
Under Sec. 23 of the Corporation Code and established case law, officers continue in office after term expiration until successors are elected
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Undisputed Facts
- In October 1999, Melquiades A. Robles was duly elected President and Chairperson of Buhay Hayaan Yumabong (“BUHAY”), a party-list organization registered with the COMELEC
- BUHAY’s Constitution provides for a single three-year term for all party officers, without re-election
- BUHAY participated in the 2001 and 2004 elections, with all required filings (Manifestations of Desire and Certificates of Nomination) bearing Robles’s signature as President
- On January 26, 2007, BUHAY again filed its Manifestation of Desire to Participate in the May 2007 elections, signed by Robles
- On March 29, 2007, Robles signed and filed BUHAY’s Certificate of Nomination for five nominees: Rene M. Velarde; Ma. Carissa Coscolluela; William Irwin C. Tieng; Melchor R. Monsod; and Teresita B. Villarama
- Earlier on March 27, 2007, petitioner Hans Christian M. SeAeres, styling himself as Acting President and Secretary-General of BUHAY, filed a competing Certificate of Nomination naming himself and four others
- On April 17, 2007, SeAeres petitioned COMELEC to deny due course to Robles’s Certificate of Nomination, alleging Robles’s term had expired and that, as LRTA Acting Administrator, he was disqualified from partisan political activity
Petitioner's Allegations and Reliefs Sought
- Petition for Certiorari under Rule 65, praying for temporary restraining order and/or preliminary injunction
- Nullification and enjoinment of the COMELEC en banc Resolution dated July 19, 2007, which declared Robles as President of BUHAY and properly authorized signatory
- Claim of grave abuse of discretion by COMELEC and lack of any plain, speedy, or adequate remedy in the ordinary course of law
Commission on Elections’ Key Resolutions
- July 9 and July 18, 2007: National Board of Canvassers Proclamation of BUHAY as a winning party-list entitled to three (3) seats in the House of Representatives
- July 19, 2007: COMELEC en banc Resolution E.M. No. 07-043 recognizing Robles as the duly authorized President of BUHAY in a hold-over capacity, validly signing the Manifestation of Desire and Certificate of Nomination
- COMELEC rejected SeAeres