ELECTION CONTESTS
ELECTION CONTESTS
1166
T
TO
OM
MA
AR
RO
ON
NG
G V
V.
. L
LU
UB
BG
GU
UB
BA
AN
N
269 SCRA 624
269 SCRA 624
(TAN, L.)
(TAN, L.)
FACTS: FACTS: SeveSeveral ral candcandidateidates s incluincluding Tomarding Tomarong ong were defeated in were defeated in the the 1994 Barangay1994 Barangay Electi
Elections in Siui!orons in Siui!or" " They all filed an election #roteThey all filed an election #rotest $efore the res#ectst $efore the res#ectiveive %CTC&s"
%CTC&s" The winning candidates fThe winning candidates filed their answers #raying that the iled their answers #raying that the #etitions $e#etitions $e dismi
dismissed $ased on ssed $ased on the affirmatthe affirmative defense that ive defense that the #rotestanthe #rotestants ts failefailed d to attach to attach toto their #etitions the reuired certification on non'forum sho##ing as #rovided for in their #etitions the reuired certification on non'forum sho##ing as #rovided for in SC'AC (o" )4'94"
SC'AC (o" )4'94"
The %CTC initially ruled to dismiss $ut deferred t o the Secretary of *ustice who The %CTC initially ruled to dismiss $ut deferred t o the Secretary of *ustice who then deferred to the Court Administrator who ruled that the certification on non' then deferred to the Court Administrator who ruled that the certification on non' forum sho##ing should $e reuired in elec
forum sho##ing should $e reuired in elections contests $efore the %TC&stions contests $efore the %TC&s" " ThusThus this #etition under +ule ,-"
this #etition under +ule ,-" .E/0:
.E/0:
The reuirement of the certification of non'forum sho##ing is reuired for election The reuirement of the certification of non'forum sho##ing is reuired for election contests"
contests" e
es" s" The Court2 citing /oyola v" Court of A##eals2 said that: 3The Court2 citing /oyola v" Court of A##eals2 said that: 3e do not agree thate do not agree that SC'AC (o" )4'94 is not a##li
SC'AC (o" )4'94 is not a##lica$le to electca$le to election casesion cases" " TherThere is e is nothinothing in theng in the Circular that indicates that it does not a##ly to election cases"
Circular that indicates that it does not a##ly to election cases" 5n the contrary2 it5n the contrary2 it e6#ressly #rovides that the reuirements therein2 which are in addition to those in e6#ressly #rovides that the reuirements therein2 which are in addition to those in #ertinent #rovisions
#ertinent #rovisions of of the the +ules +ules of of Court Court and e6isting and e6isting circulars2 7shall circulars2 7shall $e $e strictlystrictly com#lied with in the filing of com#laints2 #etitions2 a##lications or other initiatory com#lied with in the filing of com#laints2 #etitions2 a##lications or other initiatory #leadings
#leadings in in all all courts courts and and agencies agencies other other the the Su#reme Su#reme Court Court and and the the Court Court of of A##eals"& 8$i le6 non distinguit nec nos distinguire de$emus"
A##eals"& 8$i le6 non distinguit nec nos distinguire de$emus"
n this case2 the #etitioners filed the reuired certification 1; days after filing their n this case2 the #etitioners filed the reuired certification 1; days after filing their #etitions"
#etitions" t cannot t cannot $e considered $e considered su$stantial com#liance su$stantial com#liance with the with the reuirements of reuirements of the Circular"
the Circular" <uite o$viously<uite o$viously2 the reglementary #eriod for filing the #rotest had2 $y2 the reglementary #eriod for filing the #rotest had2 $y then2 already e6
then2 already e6#ired" #ired" =etition dismissed"=etition dismissed" (ote: There
(ote: There can $e su$stantial can $e su$stantial com#liance even after com#liance even after a motion a motion to dismiss to dismiss has $eenhas $een filed on the ground of lac> of certificate of non'forum sho##ing $ut it must $e done filed on the ground of lac> of certificate of non'forum sho##ing $ut it must $e done asa# ?the ne6t day@ otherwise the value of the SC Circular would lose its value" asa# ?the ne6t day@ otherwise the value of the SC Circular would lose its value"
1177
B
BE
EA
AG
GA
AN
N V
V.
. B
BO
OR
RJJA
A
261 SCRA 474
261 SCRA 474
(TEEHANKEE)
(TEEHANKEE)
FACTS: FACTS: ⊥⊥ %ay 1994" Barangay Elections i%ay 1994" Barangay Elections i n Bislig2 Tanauan2 /eyten Bislig2 Tanauan2 /eyte ⊥
⊥ Election #rotest filed $y Arnulfo Santillano2 Egonio as #rotestee2 BeeganElection #rotest filed $y Arnulfo Santillano2 Egonio as #rotestee2 Beegan as intervenor
as intervenor ⊥
⊥ A$out revision of three $allot $o6es com#leted in 5cto$er 19942 +evisionA$out revision of three $allot $o6es com#leted in 5cto$er 19942 +evision Committee #resented its re#ort to t
Committee #resented its re#ort to t he Court (ovem$er 2 1994he Court (ovem$er 2 1994 ⊥
⊥ =ro$=ro$lem lem arises when arises when the the a$ova$ovemenementioned $allots were tioned $allots were reo#ereo#ened for ned for ero6ing #ur#oses for the #erusal of the
ero6ing #ur#oses for the #erusal of the #rotestee&s counsel#rotestee&s counsel ⊥
⊥ 5ffice and Court Administrator viewed acts of 5ffice and Court Administrator viewed acts of res#ondents in effecting theres#ondents in effecting the reo#ening of the $allot $o6es and co#ying tantamount to misconduct in reo#ening of the $allot $o6es and co#ying tantamount to misconduct in office
office ⊥
⊥ Balano ?cler> of court@ and Bor!a $elieved in good faith that they had theBalano ?cler> of court@ and Bor!a $elieved in good faith that they had the authority to allow such"
authority to allow such" .E/0:
.E/0:
=hotoco#ying of $allots is not tantamount to
=hotoco#ying of $allots is not tantamount to misconduct in office"misconduct in office" ⊥
⊥ A s A s l ol onng g a s a s n o n o t at amm# e# er ir in g n g o r o r a la lt et er ar at it io n o n wwaas s mma na ni fi fe se st t i ni n ero6ing#hotoco#y
ero6ing#hotoco#ying of court records2 ing of court records2 no lia$ility attaches to anyone"no lia$ility attaches to anyone" ⊥
⊥ +es#ondents are e6onerated"+es#ondents are e6onerated"
1188
F
FE
ER
RM
MO
O V
V.
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CO
OM
ME
EL
LE
EC
C
28 SCRA !2
28 SCRA !2
(VAL"E#)
(VAL"E#)
FACTS: FACTS: ⊥⊥ /A(A and FE+%5' candidates for the #osition of =unong Brgy" in/A(A and FE+%5' candidates for the #osition of =unong Brgy" in <C" ?199D elections@ /A(A was #roclaimed winner
<C" ?199D elections@ /A(A was #roclaimed winner ⊥
⊥ FE+%5' filed election #rotest uestion results in 4 clustered #recincts onFE+%5' filed election #rotest uestion results in 4 clustered #recincts on ground of massive fraud and serious irregularities"
ground of massive fraud and serious irregularities" ⊥
⊥ %TC: ruled FE+%5 won the %TC: ruled FE+%5 won the contecontested #ost ?in 1999@ and sted #ost ?in 1999@ and grantgranted aed a motion for e6ecution #ending a##eal" C5%E/EC
motion for e6ecution #ending a##eal" C5%E/EC reversed on ground thatreversed on ground that the #ossi$ility that the term of contested seat might e6#ire $y the time the #ossi$ility that the term of contested seat might e6#ire $y the time a##e
a##eal al is is deciddecidednednot ot a a 3goo3good d reasoreason n to to warrawarrant nt e6ecue6ecution #endingtion #ending a##eal"
.E/0: .E/0:
A motion for e6ecuting #ending a##eal on ground of term e6#iration is not 3good A motion for e6ecuting #ending a##eal on ground of term e6#iration is not 3good reason for issuance"
reason for issuance"
Sec" 2 +ule 9 +ules of Court: court while it has !urisdiction and #ossession of Sec" 2 +ule 9 +ules of Court: court while it has !urisdiction and #ossession of original recordG in its discretion2 order e6ecution of !udgment or final order even original recordG in its discretion2 order e6ecution of !udgment or final order even $efore e6#iration of the #eriod
$efore e6#iration of the #eriod to a##ealto a##eal ⊥
⊥ E6eE6ercircise se of of disdiscrecretiotion n rereuiruires es thathat t it it is is $as$ased ed on on 3g3good ood reareasonsonss ?com$ination of or more
?com$ination of or more will suffice@:will suffice@: 1
1"" ==88BB//C C ((TTEE++EESST T ((HH55//HHEE0 0 55+ + /// / 55FF E/ECT5+ATE
E/ECT5+ATE "
" S.5+S.5+T(EST(ESS of remaS of remaining #ining #ortion oortion of term of cf term of contesontested ofted officefice "
" /E(IT. /E(IT. 5F T5F T%E th%E that elat election ection contecontest hast has $ees $een =E(n =E(0(I0(I ⊥
⊥ Shortness of remaining term' not good reason for e6ecution of !udgmentShortness of remaining term' not good reason for e6ecution of !udgment #ending a##eal+A ;-4: e6tended term of
#ending a##eal+A ;-4: e6tended term of office of Brgy" officials to office of Brgy" officials to - -years ?negates claim of FE+%5
years ?negates claim of FE+%5 ⊥
⊥ 8#on nullific8#on nullification of ation of writ of writ of e6ece6ecution #ending a##ealution #ending a##eal2 2 decisdecision of ion of FE+%5&
FE+%5&s s #rocl#roclamatioamation n as as winnewinner r was stayedswas stayedstatus uo tatus uo ?last actual?last actual #eaceful uncontested situation
#eaceful uncontested situation #receding the controversy#receding the controversy@ restored@ restored ⊥
⊥ /A(A: entitled to discharge functions/A(A: entitled to discharge functions
1199
S
SA
A$
$U
UIIL
LA
A%
%A
AN
N V
V.
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CO
OM
ME
EL
LE
EC
C
416 SCRA 6!8
416 SCRA 6!8
("INO)
("INO)
FACTS: FACTS: 1"1" SA<8SA<8/A/AA( anA( and *A+5 were cad *A+5 were candidandidates for thtes for the 5ffice 5ffice of %unicie of %unici#al#al %ayor of mus2 Cavite"
%ayor of mus2 Cavite" "
" SA<SA<8/8/AAA( waA( was #rocls #roclaimaimed wined winnerner"" "
" *A+5 ins*A+5 institutetituted an Eled an Election =ction =rotest Crotest Case $efase $efore the +ore the +TC2 coTC2 contestntesting theing the results of all 4-
results of all 4- election #recincts" .e alleges the ff:election #recincts" .e alleges the ff: a"
a" HoHotes ites in fan favor vor of *Aof *A+5 w+5 were cere considonsidered ered straystray $"
$" Ballots Ballots and and votes votes were were misa##reciated misa##reciated ?considered ?considered null null andand void2 or counted in
void2 or counted in favor of SA<8/AAfavor of SA<8/AA(@(@ c"
c" HoHotes that wertes that were e voivoid d ?co?contantainiining sticng stic>er>ers s or mar>or mar>ingings@ weres@ were counted in favor of SA<8/AA(2 etc""
counted in favor of SA<8/AA(2 etc"" 4"
4" SA<8SA<8/A/AA( fileA( filed a %otion to 0d a %otion to 0ismissismiss2 which wa2 which was denied $s denied $y the +Ty the +TC"C" -"
-" <u<uesestiotionining the ng the dedeninial of al of hihis s %o%otition to on to 0i0ismsmississ2 2 ththe e C5C5%E%E/E/ECC ?0ivision@ ruled in favor of SA<8/AA( and ordered the dismissal of ?0ivision@ ruled in favor of SA<8/AA( and ordered the dismissal of
the election #rotest" t ruled that *A+5&s allegations failed to state a cause the election #rotest" t ruled that *A+5&s allegations failed to state a cause of action2 on the $asis of
of action2 on the $asis of =ena v" .+ET"=ena v" .+ET" J
J Pena Pena v. v. HRET HRET helheld d thathat t the $are the $are allallegegatiations of ons of masmassivsive e frafraud2ud2 wid
wides#es#rearead d intintimiimidatdation ion and and terterrorrorismism2 2 witwithouhout t s#es#ecifcificaicatiotion n andand su$stantiation of where and how these occurrences too> #lace2 render the su$stantiation of where and how these occurrences too> #lace2 render the #rotest fatally defective"
#rotest fatally defective" ,"
," 8#8#on on rerecoconsnsididereratatioion n sosougught ht $y $y *A*A+5+52 2 ththe e C5C5%E%E/E/ECC En En BancBanc22 SA<8
SA<8/A/AA(&A(&s s %otio%otion n to to 0ismis0ismiss s was again was again dismisdismissed2 and sed2 and thethe Election =rotest Case was ordered to
Election =rotest Case was ordered to #roceed"#roceed" .E/0:
.E/0: 1"
1" ThThe e #r#resesenent t cacase se is is sisimimilalar r to to %i%iguguel el vv" " C5C5%E%E/E/EC2 C2 whwhicich h ththee C5%E/EC
C5%E/EC En Banc En Banc used as $asis in ordering the Election =rotest Case toused as $asis in ordering the Election =rotest Case to #roceed"
#roceed" "
" ( ( $o$oth th cacaseses2 s2 ththe e #r#rototesestatantnts s uuesestitiononed ed alall l ththe e #r#rececininctcts s in in ththeieir r res#ective munici#alities"
res#ective munici#alities" "
" As %igAs %iguel vuel v" C5%E" C5%E/EC is mor/EC is more recee recent thant than =ena vn =ena v" .+ET ?a" .+ET ?as used $ys used $y the C5%E/EC 0ivision@2 then the former should #revail in case of a the C5%E/EC 0ivision@2 then the former should #revail in case of a conflict"
conflict" 4"
4" FurthFurthermoermore2 electire2 election conteon contests invosts involve #u$lilve #u$lic interesc interest" Tet" Technicchnicalitiealities ands and #rocedural $arriers
#rocedural $arriers should not should not $e allowed $e allowed to stand to stand if if they constituted they constituted anan o$stacle to the determination of the true will of the electorate"
o$stacle to the determination of the true will of the electorate" -"
-" /aws go/aws governiverning electng election conion contests mutests must $e li$erst $e li$erally conally construed tstrued to the endo the end that the will of the #eo#le in the choice of #u$lic officials may not $e that the will of the #eo#le in the choice of #u$lic officials may not $e defeated $y mere technical o$!ections"
defeated $y mere technical o$!ections" ,"
," AlAllolowiwing the ng the elelecectition #roon #rotetest to st to #r#rococeeeed d wowoululd d $e the $est way of $e the $est way of removing any dou$t as to who was the real candidate chosen $y the removing any dou$t as to who was the real candidate chosen $y the electorate"
electorate" D"
D" 0e0ecicisision on of of C5C5%E%E/E/ECC En Banc En Banc affirmed" affirmed"
22&&
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SA
AN
NT
TO
OS
S V
V.
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CO
OM
ME
EL
LE
EC
C
99 SCRA 611
99 SCRA 611
('A"LAN)
('A"LAN)
FACTS: FACTS: =etitioner ?SA(T5S@ and +es#ondent ?=A(8/AA@ were $oth candidate =etitioner ?SA(T5S@ and +es#ondent ?=A(8/AA@ were $oth candidate for %A5+ of the %unici#al of Balingoan2 %isamis 5riental in the %ay 142 for %A5+ of the %unici#al of Balingoan2 %isamis 5riental in the %ay 142 ))1 elections"
))1 elections"
%8(C%8(C=A=A/ / Board of Board of CanvCanvassers ?%BC@ assers ?%BC@ #rocla#roclaimed imed =A=A(8/A(8/AA asA as %ayor"
SA(T5S filed an E/ECT5( =+5TEST in the +TC" SA(T5S filed an E/ECT5( =+5TEST in the +TC"
+TC found that SA(T5S o$tained D, votes more than =A(8/AA" +TC +TC found that SA(T5S o$tained D, votes more than =A(8/AA" +TC decla
declared SA(T5S as red SA(T5S as winnwinner" +TC er" +TC voidevoided d %BC&%BC&s s #rocl#roclamatiamation on in in favor of favor of =A(8/AA"
=A(8/AA"
SA(T5S filed a %5T5( F5+ EEC8T5( =E(0(I A==EA/ with the SA(T5S filed a %5T5( F5+ EEC8T5( =E(0(I A==EA/ with the +TC"
+TC"
=A(8/AA A==EA/E0 the +TC declaration in favor of SA(T5S to the =A(8/AA A==EA/E0 the +TC declaration in favor of SA(T5S to the C5%E/EC"
C5%E/EC"
C5%E/EC issued (*8(CT5( against +TC to refrain from acting on C5%E/EC issued (*8(CT5( against +TC to refrain from acting on motion for e6ecution #ending a##eal"
motion for e6ecution #ending a##eal"
+TC A==+5HE0 motion for +TC A==+5HE0 motion for e6ecution #ending a##eal"e6ecution #ending a##eal"
SA(T5S too> 5AT. of office and ASS8%E0 duties and functions of his SA(T5S too> 5AT. of office and ASS8%E0 duties and functions of his office"
office"
=A=A(8/A(8/AA filed with A filed with C5%E/EC5%E/EC C a a =ETT=ETT5( 5( F5+ STAF5+ STAT8S <85T8S <85 A(TE"
A(TE"
C5%E/EC5%E/EC C SS8SS8E0 E0 5+0E+ directing #arties to 5+0E+ directing #arties to %A(T%A(TA( STAA( STAT8ST8S <85 A(TE2 at the same time E(*5((I SA(T5S from assuming functions <85 A(TE2 at the same time E(*5((I SA(T5S from assuming functions of mayor"
of mayor" .E/0: .E/0:
%ere filing of a notice of a##eal does not divest the trial court of its !urisdiction over %ere filing of a notice of a##eal does not divest the trial court of its !urisdiction over the case and to resolve #ending incidents such as motions for e6ecution #ending the case and to resolve #ending incidents such as motions for e6ecution #ending a##eal"
a##eal"
The following constitute good reasons and
The following constitute good reasons and
*+-/-* *0 /* * +*3 *0 /3+
*+-/-* *0 /* * +*3 *0 /3+
will suffice to grant e6ecution #ending a##eal: ?1@ #u$lic interest involved or will of will suffice to grant e6ecution #ending a##eal: ?1@ #u$lic interest involved or will of the electorateK ?@ the shortness ofthe electorateK ?@ the shortness of the remaining #ortion of the term the remaining #ortion of the term of the contestedof the contested officeK and ?@ the length of
officeK and ?@ the length of time that the election contest time that the election contest has $een #ending"has $een #ending" The trial in
The trial in the +TC too> more than a year2 while the the +TC too> more than a year2 while the three'year term of the 5ffice of three'year term of the 5ffice of the %ayor continue
the %ayor continued to d to run" The will run" The will of the of the electelectorateorate2 2 as determinas determined $y ed $y the trialthe trial court in the election #rotest2
court in the election #rotest2 had to $e res#ected and given meaning"had to $e res#ected and given meaning"
Between the determination $y the trial court of who of the candidates won the Between the determination $y the trial court of who of the candidates won the elections and the finding of the Board of Canvassers as to whom to #roclaim2 it is elections and the finding of the Board of Canvassers as to whom to #roclaim2 it is the court&s decision that should #revail"
the court&s decision that should #revail"
All that was
All that was reuireuired for a red for a valid e6ercvalid e6ercise of ise of the discretithe discretion to on to allow e6ecuallow e6ecutiontion #ending
#ending a##eal a##eal was was that that the the immediate immediate e6ecution e6ecution should should $e $e $ased $ased Lu#on Lu#on goodgood reasons to $e stated in a s#ecial order"L The rationale why such e6ecution is allowed reasons to $e stated in a s#ecial order"L The rationale why such e6ecution is allowed in election cases is to give as much recognition to the worth of a trial !udge&s in election cases is to give as much recognition to the worth of a trial !udge&s decision as that which is initially ascri$ed $y the law to the #roclamation $y the decision as that which is initially ascri$ed $y the law to the #roclamation $y the $oard of canvassers"
$oard of canvassers"
hy should the #roclamation $y the $oard of
hy should the #roclamation $y the $oard of canvassers suffice as $asis of the ricanvassers suffice as $asis of the ri ghtght to assume office2 su$!ect to future contingencies attendant to a #rotest2 and not the to assume office2 su$!ect to future contingencies attendant to a #rotest2 and not the decis
decision of ion of a a court of !usticeM ndeecourt of !usticeM ndeed2 when d2 when it is it is consiconsidered that the $oard of dered that the $oard of canvassers is com#osed of #ersons who are less technically #re#ared to ma>e an canvassers is com#osed of #ersons who are less technically #re#ared to ma>e an accurate a##reciation of the $allots2 a#art from their $eing more a#t to yield to accurate a##reciation of the $allots2 a#art from their $eing more a#t to yield to e6traneous considerations2 and that the $oard must act summarily2 #ractically racing e6traneous considerations2 and that the $oard must act summarily2 #ractically racing against time2 while2 on the other hand2 the !udge has $enefit of all the evidence the against time2 while2 on the other hand2 the !udge has $enefit of all the evidence the #arties
#arties can can offer offer and and of of admittedly admittedly $etter $etter technical technical #re#aration #re#aration and and $ac>ground2$ac>ground2 a#art from his
a#art from his $eing allowe$eing allowed d am#lam#le e time for time for conscconscientioientious study and us study and maturmaturee deli$eration $efore rendering !udgment2 one cannot $ut #erceive the wisdom of deli$eration $efore rendering !udgment2 one cannot $ut #erceive the wisdom of allow
allowing the ing the immedimmediate e6ecutioiate e6ecution n of decisions in of decisions in electelection cases ion cases adveadverse to rse to thethe #rotestees2
#rotestees2 notwithstanding notwithstanding the the #erfection #erfection and and #endency #endency of of a##eals a##eals therefrom2 therefrom2 asas long as there are2 in
long as there are2 in the sound discretion of the court2 good the sound discretion of the court2 good reasons therefor"reasons therefor" To de#rive trial courts of their discretion to grant e6ecution #ending a##eal would To de#rive trial courts of their discretion to grant e6ecution #ending a##eal would $ring $ac>
$ring $ac> the ghost the ghost of the of the Lgra$'the'#roclamation'#rolong the #rotestL Lgra$'the'#roclamation'#rolong the #rotestL techniuestechniues so often resorted to $y devious #oliticians in the #ast in their efforts to #er#etuate so often resorted to $y devious #oliticians in the #ast in their efforts to #er#etuate their hold to an elective office" This would2 as a conseuence2 lay to waste the will their hold to an elective office" This would2 as a conseuence2 lay to waste the will of the electorate"
of the electorate"
ELECTION OF 'RESI"ENT AN" VICE5'RESI"ENT
ELECTION OF 'RESI"ENT AN" VICE5'RESI"ENT
2211
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"E
EF
FE
EN
NSO
SOR
R5S
5SA
AN
NT
TIA
IAGO
GO V
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AMO
MOS
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2! SCRA !!9
2! SCRA !!9
(CONCE'CION)
(CONCE'CION)
FACTS: FACTS:This is an original action filed $efore the SC acting as a =residential Electoral This is an original action filed $efore the SC acting as a =residential Electoral Tri$unal"
Tri$unal"
%iriam 0efensor'Santiago ?0S@ ran for #residency in the 199 (ational Elections" %iriam 0efensor'Santiago ?0S@ ran for #residency in the 199 (ational Elections" She lost2 $ut filed this
Su$seuently however2 she ran for Senator in the 199- Senatorial elections" She won Su$seuently however2 she ran for Senator in the 199- Senatorial elections" She won and assumed office as Senator in 199-" Considering this factual milieu2 the issues and assumed office as Senator in 199-" Considering this factual milieu2 the issues revolve on whether this #resent electoral #rotest would still $e valid2 even after the revolve on whether this #resent electoral #rotest would still $e valid2 even after the #rotestant
#rotestant has has already already assumed assumed office office as as Senator2 noting Senator2 noting that that should should she she win win thisthis #rotest2 her term
#rotest2 her term as #resident would coincide as #resident would coincide with her term with her term as senator2 which she isas senator2 which she is now in" (ow2 in 199,2 the SC as
now in" (ow2 in 199,2 the SC as =ET decides the case"=ET decides the case" .E/0:
.E/0:
There was a$andonment of #rotest" There was a$andonment of #rotest"
es" 0S filed her certificate of candidacy to run for senator without ualification or es" 0S filed her certificate of candidacy to run for senator without ualification or reservation" n doing so2 she entered into a #olitical contract with the electorate2 that2 reservation" n doing so2 she entered into a #olitical contract with the electorate2 that2 if elected2 she would assume the office as
if elected2 she would assume the office as senasenator" This is in tor" This is in accoraccord with d with thethe constitutional doctrine that a #u$lic office is a #u$lic trust" n assuming the office of constitutional doctrine that a #u$lic office is a #u$lic trust" n assuming the office of Senator2 she has effectively a$andoned her determination to #ursue this #resent Senator2 she has effectively a$andoned her determination to #ursue this #resent #rotest" Such a$andonm
#rotest" Such a$andonment o#erates to render this #rotest ment o#erates to render this #rotest moot"oot"
Also2 the =ET issued a resolution ordering the #rotestant to inform the =ET within Also2 the =ET issued a resolution ordering the #rotestant to inform the =ET within 1) days if after the com#letion of the revision of the $allots from her #ilot areas2 she 1) days if after the com#letion of the revision of the $allots from her #ilot areas2 she still wishes to
still wishes to #resent evidence" Since 0S has not informed the #resent evidence" Since 0S has not informed the Tri$unal of any suchTri$unal of any such intention2 such is a manifest indication that she no longer intends to do so"
intention2 such is a manifest indication that she no longer intends to do so"
ELECTION OF MEMBERS OF CONGRESS, LOCAL OFFICIALS, AN"
ELECTION OF MEMBERS OF CONGRESS, LOCAL OFFICIALS, AN"
MEMBERS OF THE REGIONAL ASSEMBL% OF THE AUTONOMOUS
MEMBERS OF THE REGIONAL ASSEMBL% OF THE AUTONOMOUS
REGIONS THE 'ART%5LIST S%STEM
REGIONS THE 'ART%5LIST S%STEM
22
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42 SCRA 244
42 SCRA 244
(AGUINAL"O)
(AGUINAL"O)
FACTS: FACTS:+es#ondent #roclaimed 14 #arty'list re#resentatives from 1 #arties which o$tained +es#ondent #roclaimed 14 #arty'list re#resentatives from 1 #arties which o$tained at least N of the total num$er of votes cast for the #arty'list system as mem$ers of at least N of the total num$er of votes cast for the #arty'list system as mem$ers of the .ouse of +e#resentatives"
the .ouse of +e#resentatives" 8#on #etition for res#ondents2 w8#on #etition for res#ondents2 who were #arty'listho were #arty'list organiOations2 it #roclaimed ; additional #arty'list re#resentatives although they organiOations2 it #roclaimed ; additional #arty'list re#resentatives although they o$tained less than N of the total num$er of votes cast for the #arty'list system on o$tained less than N of the total num$er of votes cast for the #arty'list system on the ground that under the Constitution2 it is mandatory that at least )N of the the ground that under the Constitution2 it is mandatory that at least )N of the mem$ers of the .ouse of
mem$ers of the .ouse of +e#resentatives come from the #arty'list re#resentatives"+e#resentatives come from the #arty'list re#resentatives" .E/0:
.E/0:
t is not mandatory"
t is not mandatory" t merely #rovides a ceiling for the #arty'list seats in the .ouset merely #rovides a ceiling for the #arty'list seats in the .ouse of +e#resen
of +e#resentativetatives" s" The ConstituThe Constitution vested Congtion vested Congress with the $road #ower toress with the $road #ower to define and #rescri$e the mech
define and #rescri$e the mechanics of the #arty'list system of re#resentatives" anics of the #arty'list system of re#resentatives" n then the e6ercise of its constitutional #rerogative2 Congress deemed it necessary to reuire e6ercise of its constitutional #rerogative2 Congress deemed it necessary to reuire #arties #artici#ating in the system to o$tain at least N
#arties #artici#ating in the system to o$tain at least N of the total votes cast for theof the total votes cast for the #arty list
#arty list system to system to $e entitled $e entitled to a to a #arty'list seat" #arty'list seat" Congress wanted Congress wanted to ensure to ensure thatthat onl
only y thothose se #ar#artieties s havhaving ing a a sufsufficficienient t numnum$er $er of of conconstistituetuents nts desdeserverving ing of of re#resentation are actually re#resented in Congress"
re#resentation are actually re#resented in Congress" JJ(5TES:
JJ(5TES:
determination of total num$er of #arty'list
determination of total num$er of #arty'list re#resentativesPre#resentativesP
additional additional
re#resentatives of first #artyP re#resentatives of first #artyP
additional seats for additional seats for concerned #artyP concerned #artyP
22
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!9 SCRA 698
!9 SCRA 698
(ENRI$UE#)
(ENRI$UE#)
FACTS: FACTS:The 5mni$us +esolution (o" D;- issued $y the C5%E/EC is challenged insofar The 5mni$us +esolution (o" D;- issued $y the C5%E/EC is challenged insofar as it a##roves the #artici#ation of
as it a##roves the #artici#ation of 1-4 organiOations and #arties in the ))1 #arty'list1-4 organiOations and #arties in the ))1 #arty'list elections" =etitioners see> the disualification of #rivate res#ondents as the #arty'list elections" =etitioners see> the disualification of #rivate res#ondents as the #arty'list system was intended to $enefit the marginaliOed and underre#resented and not the system was intended to $enefit the marginaliOed and underre#resented and not the mainstream #olitical #arties"
mainstream #olitical #arties"
The C5%E/EC received several #etitions for registration filed $y sectoral #arties2 The C5%E/EC received several #etitions for registration filed $y sectoral #arties2 etc
etc" " for for the the ))))1 1 eleelectictionsons" " The C5%E/EThe C5%E/EC C allallege ege thathat t ververifiificatcationions s for for thethe ualifications of these #arties ta>e a long #rocess and as a result the divisions ualifications of these #arties ta>e a long #rocess and as a result the divisions #romulgated a
#romulgated a se#arate 5mni$us se#arate 5mni$us +esolution and +esolution and individual resolution individual resolution on on #olitical#olitical #arties
#arties only only on on Fe$ruary Fe$ruary 1)2 1)2 ))1" ))1" Before Before the the Fe$ruary Fe$ruary 12 12 ))1 ))1 deadline2 deadline2 thethe registered #arties and organiOations filed their %anifestations2 stating their intention registered #arties and organiOations filed their %anifestations2 stating their intention to
to #a#artrticici#i#atate e in in ththe e #a#artrty'y'lilist st elelecectitionons" s" ThThe e C5C5%E%E/E/EC C a#a##r#rovoved ed ththee %anifestations of 1-4 #arties and organiOations $ut denied those of
%anifestations of 1-4 #arties and organiOations $ut denied those of several others"several others" # #
districtrepresentatives
districtrepresentatives
.80 .80 ∗ ∗ .20.20 # #votesofconcernedparty
votesofconcernedparty
# #votesoffirstparty
votesoffirstparty
∗∗
additionalseatsforcon
additionalseatsforconcernedparty
cernedparty
##
ofvotesoffirstparty
ofvotesoffirstparty
ACA= filed $efore the C5%E/EC a
ACA= filed $efore the C5%E/EC a #etiti#etition #raying that the on #raying that the namenames s of someof some res#ondents $e deleted from the Certified /ist of =olitical =artiesG=artici#ating in res#ondents $e deleted from the Certified /ist of =olitical =artiesG=artici#ating in the =arty /ist System for the %ay 142 ))1 Elections" t also #rayed that the votes the =arty /ist System for the %ay 142 ))1 Elections" t also #rayed that the votes cast for the
cast for the said res#onsaid res#ondents $e not dents $e not councounted or ted or canvcanvassed and that the assed and that the lattelatter&sr&s nomin
nominees not ees not $e $e #rocl#roclaimedaimed" " Bayan %una and Bayan %una and BayaBayan n %una%una'o'outh also uth also filed afiled a similar #etition against some of
similar #etition against some of the res#ondents"the res#ondents"
SS8E 1: 5( #olitical #arties may #artici#ate in the #arty'list elections SS8E 1: 5( #olitical #arties may #artici#ate in the #arty'list elections The SC held that
The SC held that under the Constitution and +A D9412 #rivate res#ondents cannot $eunder the Constitution and +A D9412 #rivate res#ondents cannot $e disualified from the #arty'list elections2 merely on the ground that t
disualified from the #arty'list elections2 merely on the ground that t hey are #oliticalhey are #olitical #arties" Sec"
#arties" Sec" D and D and ;2 Article 'C ;2 Article 'C #rovides that #rovides that #olitical #arties #olitical #arties may $e may $e registeredregistered under the #artylist system" n the ConCom deli$erations2 Com" %onsod stated that under the #artylist system" n the ConCom deli$erations2 Com" %onsod stated that the #ur#ose of the #arty'list #rovision was to o#en u# the system2 in order to give a the #ur#ose of the #arty'list #rovision was to o#en u# the system2 in order to give a chance to #arties that consistently #lace
chance to #arties that consistently #lace rdrd or 4 or 4thth in congressional district elections to in congressional district elections to win a seat in Congress" Sec" of +A D941 #rovides that a 3#arty is 3either a win a seat in Congress" Sec" of +A D941 #rovides that a 3#arty is 3either a #olitical #arty or
#olitical #arty or a sectoral #arty a sectoral #arty or a collation or a collation of #arties" Sec" of #arties" Sec" 11 of the 11 of the same Actsame Act leaves no dou$t as to the #artici#ation of #olitical #arties in the #arty'list system" leaves no dou$t as to the #artici#ation of #olitical #arties in the #arty'list system" ndu$ita$le2 #olitical #arties Q even the ma!or ones'may #artici#ate in the #arty'list ndu$ita$le2 #olitical #arties Q even the ma!or ones'may #artici#ate in the #arty'list elections"
elections" S
SS8S8E E : : 55( ( ththe e #a#artrty'y'lilist st sysyststem em is is e6e6clclususivive e to to mamargrgininalaliOiOed ed anandd underre#resented sectors and
underre#resented sectors and organiOationsorganiOations
For #olitical #arties to #artici#ate in the #arty'list elections their reuisite character For #olitical #arties to #artici#ate in the #arty'list elections their reuisite character must $e consistent with the #ur#ose of the #arty'list system in the Constitution and must $e consistent with the #ur#ose of the #arty'list system in the Constitution and +A D941"
+A D941" The #ur#oThe #ur#ose of se of the #artythe #arty'list system is to give 3genuine #owe'list system is to give 3genuine #ower to r to our our #eo#le
#eo#le in in Congress" Congress" .owever2 t.owever2 t he he constitutional constitutional #rovision #rovision is is not not self'e6ecutory2self'e6ecutory2 hence +A D941 was enacted"
hence +A D941 was enacted" =ro#o
=ro#ortionartional l re#rere#resentasentation does not tion does not refer to refer to the num$er of the num$er of #eo#l#eo#le e in a in a #arti#articular cular dis
distritrict2 ct2 $ec$ecausause e the #artythe #arty'lis'list t eleelectioction n is is natnationional al in in scosco#e" t #e" t refrefers ers to to thethe re#resentation of the marginaliOed and underre#resented as e6em#lified in Section re#resentation of the marginaliOed and underre#resented as e6em#lified in Section -of
of the Act" The the Act" The #arty#arty'list organiOa'list organiOation must tion must factufactually and ally and truly re#resentruly re#resent t thethe marginaliOed and underre#resented constituencies" The #ersons nominated to the marginaliOed and underre#resented constituencies" The #ersons nominated to the #arty'list system must also $elong to the underre#resented and marginaliOed sectors2 #arty'list system must also $elong to the underre#resented and marginaliOed sectors2
organiOations and #arties" organiOations and #arties"
/ac> of well'defined constituency refers to the a$sence of a traditionally i
/ac> of well'defined constituency refers to the a$sence of a traditionally i dentifia$ledentifia$le ele
electoctoral ral grogrou#" u#" t t #oi#oints nts to to thothose se witwith h disdis#ar#arate ate intintereerests sts defdefineined d witwith h thethe
marginaliOed and underre#resented" n the end2 the C5%E/EC&s role is to see to it marginaliOed and underre#resented" n the end2 the C5%E/EC&s role is to see to it t h
t ha ta t onlyonly those Fili#inos who those Fili#inos who are are margmarginaliOinaliOed ed and and undeunderre#rerre#resented $ecomesented $ecome mem$ers of Congress under the #arty'list system" (ot all sectors can $e re#resented mem$ers of Congress under the #arty'list system" (ot all sectors can $e re#resented under the #arty'list system" The law crafted to address the #eculiar disadvantages of under the #arty'list system" The law crafted to address the #eculiar disadvantages of =ayatas hovel dwellers cannot $e a##ro#riated $y the mansion owners of For$es =ayatas hovel dwellers cannot $e a##ro#riated $y the mansion owners of For$es =ar>" hile the mega'rich are numerically s#ea>ing2 a minority2 they are neither =ar>" hile the mega'rich are numerically s#ea>ing2 a minority2 they are neither marginaliOed nor underre#resented" t is illogical to o#en the system to those who marginaliOed nor underre#resented" t is illogical to o#en the system to those who have long $een within it
have long $een within it Q Q those #rivilthose #rivileged sectors that have long eged sectors that have long domindominated theated the congressional district elections"
congressional district elections"
The SC held that it cannot allow the #arty'list system
The SC held that it cannot allow the #arty'list system to $e sullied and #rostituted $yto $e sullied and #rostituted $y those who are neither marginaliOed nor underre#resented"
those who are neither marginaliOed nor underre#resented" Mendoza, dissenting: The
Mendoza, dissenting: The text of Art. V, !ec. "text of Art. V, !ec. "#$%#&% 'rovides for a 'a#$%#&% 'rovides for a 'arty(list syste)rty(list syste) of registered, regional and sectoral 'arties or organizations, and not for sectoral of registered, regional and sectoral 'arties or organizations, and not for sectoral re'resentation. t 'rovides for no *asis for 'etitioner+s contention that hether it is re'resentation. t 'rovides for no *asis for 'etitioner+s contention that hether it is sectoral
sectoral re'rere'resentation sentation or or 'arty(list 'arty(list syste) syste) the the '-r'ose '-r'ose is is to to 'rovide 'rovide excl-siveexcl-sive re'resentation for )arginalized sectors. The Record of the ono) s'ea/s clearly re'resentation for )arginalized sectors. The Record of the ono) s'ea/s clearly against the 'etitioner+s assertion. To 'ro'osals for additional re'resentation in the against the 'etitioner+s assertion. To 'ro'osals for additional re'resentation in the Ho-se of Re'resentatives ere
s- Ho-se of Re'resentatives ere s-*)itted na)ely, sectoral re'*)itted na)ely, sectoral re'resentation and 'arty(resentation and 'arty( list syste). These to are not the sa)e. n the end, the ono) chose the 'arty(list list syste). These to are not the sa)e. n the end, the ono) chose the 'arty(list syste). n choosing this syste), the
syste). n choosing this syste), the ono) did not intend to reserve the 'arty(list ono) did not intend to reserve the 'arty(list syste)
syste) to to the the )arginalized )arginalized or or -nderre're-nderre'resented. sented. n n fact, fact, the the 'arty(list 'arty(list syste)syste) )andates the o''osite.
)andates the o''osite.
0-rther)ore, 1-stice Mendoza holds that the )a2ority )isa''re
0-rther)ore, 1-stice Mendoza holds that the )a2ority )isa''rehended the )eaning hended the )eaning of !ection & of RA 3o. 456$. The 'rovision states that the '-r'ose of the 'arty(list of !ection & of RA 3o. 456$. The 'rovision states that the '-r'ose of the 'arty(list syste) is to 'ro)ote 'ro)otional re'r
syste) is to 'ro)ote 'ro)otional re'resentation in the election of re'resentatives inesentation in the election of re'resentatives in the Ho-se of Re'resentatives. To this end, a f-ll, free and o'en 'arty syste) is the Ho-se of Re'resentatives. To this end, a f-ll, free and o'en 'arty syste) is g-aranteed t
g-aranteed t o o o*tain o*tain the the *roadest 'ossi*le *roadest 'ossi*le re'resere'resentation ntation of of a a 'arty, sectoral 'arty, sectoral or or gro-'
gro-' interests interests in in the the Ho-se Ho-se of of Re'resentatives. Re'resentatives. 7hile 7hile the the re'resere'resentation ntation of of thethe )arginalized and -nderre
)arginalized and -nderre'resented sectors is a *asic '-r'ose of the la, it is 'resented sectors is a *asic '-r'ose of the la, it is not itsnot its only '-r'ose.
only '-r'ose. SS
SS8E 8E : : 5( the 5( the C5%C5%E/EE/EC C comcommitmitted ted gragrave ve a$ua$use se of of disdiscrecretiotion n inin #romulgating 5mni$us +esolution (o
#romulgating 5mni$us +esolution (o" D;-"
D;-The SC held that it is #ro#er to remand the case to the C5%E/ECT to determine The SC held that it is #ro#er to remand the case to the C5%E/ECT to determine wheth
whether er the 1-4 the 1-4 #artie#arties s and organiOand organiOationations s allowallowed ed to to #arti#artici#atci#ate e in in the #arty'listthe #arty'list elections com#ly with the reuirements of the law" n light of this2 the SC #rovides elections com#ly with the reuirements of the law" n light of this2 the SC #rovides for guidelines to assist the C5%E/EC in its wor>" ?1@ The #olitical #artyGmust for guidelines to assist the C5%E/EC in its wor>" ?1@ The #olitical #artyGmust
re#resent the marginaliOed and underre#resented grou#s identified in Section - of re#resent the marginaliOed and underre#resented grou#s identified in Section - of +A D9412 ?@ Even if ma!or #olitical #arties are allowed to #artici#ate in the #arty' +A D9412 ?@ Even if ma!or #olitical #arties are allowed to #artici#ate in the #arty' list system2 they must com#ly with
list system2 they must com#ly with the declared statutory #olicy of ena$ling Fili#inothe declared statutory #olicy of ena$ling Fili#ino citiOens $elonging to marginaliOed and underre#resented sectors to $e elected to the citiOens $elonging to marginaliOed and underre#resented sectors to $e elected to the .ouse of +e#resentatives2 ?@ a #arty or an organiOation must not $e disualified .ouse of +e#resentatives2 ?@ a #arty or an organiOation must not $e disualified under Section , of the Act
under Section , of the Act which enumerates the grounds for disualification2 ?4@ which enumerates the grounds for disualification2 ?4@ thethe #arty or
#arty or organiOation must not organiOation must not $e an $e an ad!unct of2 or ad!unct of2 or a #ro!ect a #ro!ect organiOed or an organiOed or an entityentity fun
funded or ded or assassististed ed $y $y the govethe governmrnmentent2 2 ?-@ #arty must ?-@ #arty must not com#lnot com#ly y witwith h thethe reui
reuiremenrements ts of the of the law2 ?,@ not law2 ?,@ not only the only the candcandidate #arty or idate #arty or orgorganiOaaniOation musttion must re#resent marginaliOed and underre#resented sectors2 so also must its nominees2 ?D@ re#resent marginaliOed and underre#resented sectors2 so also must its nominees2 ?D@ the nominee must li>ewise $e a$le
the nominee must li>ewise $e a$le to contri$ute to the formulation and enactment of to contri$ute to the formulation and enactment of a##ro#riate legislation that will $enefit t
a##ro#riate legislation that will $enefit t he nation as a whole"he nation as a whole"
24
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GR 147!89, JANUAR% 29, 2&&2
GR 147!89, JANUAR% 29, 2&&2
(ENRI$UE#)
(ENRI$UE#)
FACTS: FACTS:The C5%E/EC issued a
The C5%E/EC issued a T+5 against the #roclamatT+5 against the #roclamation of ion of A=ECA=EC2 2 CBAC andCBAC and A%( $ecause they failed to meet the ;'#oint guidelines set forth
A%( $ecause they failed to meet the ;'#oint guidelines set forth $y this Court" The$y this Court" The C5%E/E
C5%E/EC C founfound d that A=EC was merely an that A=EC was merely an arm of arm of the =hili##ithe =hili##ine +ural Electricne +ural Electric Coo#erative2 nc" ?=./+ECA@ and that it did not truly re#resent the marginaliOed Coo#erative2 nc" ?=./+ECA@ and that it did not truly re#resent the marginaliOed sectors of society2 CBAC was re#orted to $e merely an e6tension of the sectors of society2 CBAC was re#orted to $e merely an e6tension of the 1es-s s 1es-s s 8ord
8ord ?*/@ religious movement and did ?*/@ religious movement and did not re#resent the interest of not re#resent the interest of the marginaliOedthe marginaliOed and underre#resented sectors of society and that
and underre#resented sectors of society and that Ana> %indanao ?A%(@ was listedAna> %indanao ?A%(@ was listed as having o$tained only 1",;,-N of the total votes cast for the #arty'list system2 not as having o$tained only 1",;,-N of the total votes cast for the #arty'list system2 not sufficient to meet the N
sufficient to meet the N reuired no" of votes"reuired no" of votes" SS8E:
SS8E:
5( A=EC2 CBAC and
5( A=EC2 CBAC and A%A%( ( shoulshould d $e #roclaime$e #roclaimed d winnwinners aside ers aside from thosefrom those already validly #roclaimed $y the earlier +esolutions of
already validly #roclaimed $y the earlier +esolutions of the SC"the SC" +8/(I:
+8/(I:
A%( did not get more than two #ercent of the votes cast" A%( did not get more than two #ercent of the votes cast"
A=EC and CBAC have sufficiently met the ;'#oint guidelines of his Court and A=EC and CBAC have sufficiently met the ;'#oint guidelines of his Court and have suffic
have sufficient votes to ient votes to entitlentitle e them to them to seats in seats in CongCongress" ssues are factual inress" ssues are factual in chara
charactercter2 2 CommiCommission&ssion&s s findifindings ngs are are ado#tado#ted2 ed2 a$sena$sent t any any #aten#atent t ar$itrar$itrarinesariness s or or a$use or negligence in its action" (o su$stantial #roof that CBAC is merely an arm a$use or negligence in its action" (o su$stantial #roof that CBAC is merely an arm of */2 or that A=EC is an e6tension of =./+ECA" The 5SI e6#lained the these of */2 or that A=EC is an e6tension of =./+ECA" The 5SI e6#lained the these are se#arate entities with se#arate mem$ershi#s" Although A=EC&s nominees are all are se#arate entities with se#arate mem$ershi#s" Although A=EC&s nominees are all
#rofessionals2
#rofessionals2 its its mem$ershi# mem$ershi# is is com#osed com#osed not not only only of of #rofessionals #rofessionals $ut $ut also also of of #easants2
#easants2 elderly2 youth elderly2 youth and and women" women" A=EC A=EC addresses addresses the the issues issues of of !o$ !o$ creation2creation2 #overty
#overty alleviation alleviation and and lac> lac> of of electricity" electricity" CBAC CBAC is is com#osed com#osed of of hehe underre#resented and marginaliOed and is concerned with their welfare" CBAC is underre#resented and marginaliOed and is concerned with their welfare" CBAC is #articularly interested in the y
#articularly interested in the youth and #rofessional sectors"outh and #rofessional sectors" T+5 #artially lifted with regard to A=EC and CBAC" T+5 #artially lifted with regard to A=EC and CBAC"
22!!
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GR 147!89, A'RIL 1&, 2&&2
GR 147!89, A'RIL 1&, 2&&2
(ENRI$UE#
(ENRI$UE#
ang bagong bayani ng 2D!)ang bagong bayani ng 2D!)The C5%E/EC determined that the following #arty'list #artici#ants2 des#ite their The C5%E/EC determined that the following #arty'list #artici#ants2 des#ite their having o$tained at least N of the total votes cast2 have failed to meet the ;'#oint having o$tained at least N of the total votes cast2 have failed to meet the ;'#oint guid
guidelines set forth in elines set forth in our 0ecisionour 0ecision: : %amam%amamayan Ayayan Ayaw sa aw sa 0roga ?%A0@20roga ?%A0@2 Association of =hili##ine Electric Coo#eratives ?A=EC@2 Heterans Federation =arty Association of =hili##ine Electric Coo#eratives ?A=EC@2 Heterans Federation =arty ?HF=@
?HF=@2 2 A$aA$ag g =rom=romdi di ?=+5%0?=+5%0@2 @2 (ation(ationalist alist =eo#=eo#le&s Coalition ?(=C@2 le&s Coalition ?(=C@2 /a>a/a>ass (8C0'8%0=2
(8C0'8%0=2 and CitiOen&s Battle and CitiOen&s Battle Against Corru#tion ?CBAC@"Against Corru#tion ?CBAC@"
The 5SI2 acting on $ehalf of the Comelec2 in its Consolidated +e#ly dated 5cto$er The 5SI2 acting on $ehalf of the Comelec2 in its Consolidated +e#ly dated 5cto$er 1-2 ))1 and in a %anifestation dated 0ecem$er -2 ))12 modified its #osition and 1-2 ))1 and in a %anifestation dated 0ecem$er -2 ))12 modified its #osition and recommended that A=EC and CBAC $e declared as having com#lied with the ;' recommended that A=EC and CBAC $e declared as having com#lied with the ;' #oint guidelines
#oint guidelines
ELECTION OF LOCAL OFFICIALS
ELECTION OF LOCAL OFFICIALS
2266
O
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127 SCRA 4&4
127 SCRA 4&4
(#UIGA)
(#UIGA)
FACTS: FACTS: ⊥⊥ SaSamumuel el 5c5ccecena na fifileled d a a #e#etititiotion n fofor r #r#rohohi$i$ititioion n to to dedeclclarare e asas unconstitutional the #rovisions in the Barangay Election Act of 19; ?B= unconstitutional the #rovisions in the Barangay Election Act of 19; ?B= @ which #rohi$ited:
@ which #rohi$ited:
o
o any candidate in the 19; $arangay election from re#resentingany candidate in the 19; $arangay election from re#resenting
himself as a mem$er of a #olitical #artyK himself as a mem$er of a #olitical #artyK
o
o the intervention of #olitical #arties in a candidateRs nominationthe intervention of #olitical #arties in a candidateRs nomination
and filing of his certificate
and filing of his certificate of candidacyK andof candidacyK and
o
o the giving of aid or the giving of aid or su##su##ort of #olitical #arties for or against aort of #olitical #arties for or against a
candidateRs cam#aign candidateRs cam#aign
⊥
⊥ 5ccena #rayed that the 19; elections $e declared null and void2 and new5ccena #rayed that the 19; elections $e declared null and void2 and new $arangay elections
$arangay elections held held without without the the $an $an on on the the involvement of involvement of #olitical#olitical #arties
#arties ⊥
⊥ n 19; the court considered the Comments of the Solicitor Ieneral as ann 19; the court considered the Comments of the Solicitor Ieneral as an Answer
Answer ⊥
⊥ (ote (ote that that the the decision decision in in the the case case was was delayed delayed $ecause $ecause all all the the *ustices*ustices resigned on %ay 19; ?JSC trivia: over allegations that the $ar e6am resigned on %ay 19; ?JSC trivia: over allegations that the $ar e6am results of *ustice ErictaRs son were changed in his favor ' there was #re' results of *ustice ErictaRs son were changed in his favor ' there was #re' decoding of his grades $efore official decoding and #u$lication@
decoding of his grades $efore official decoding and #u$lication@ .E/0:
.E/0:
The $an on the intervention of #olitical #arties in the election of $arangay officials is The $an on the intervention of #olitical #arties in the election of $arangay officials is (5T violative
(5T violative of the of the constitutional guarantee constitutional guarantee of the of the right to right to form associations form associations andand societies for #ur#oses not contrary to
societies for #ur#oses not contrary to law"law"
8nder the Barangay Election Act of 19;2 the right to organiOe is intact" =olitical 8nder the Barangay Election Act of 19;2 the right to organiOe is intact" =olitical #arties may
#arties may freely $e freely $e formed although formed although there is there is a restriction a restriction on their on their activities2 i"e"2activities2 i"e"2 their intervention in the election of
their intervention in the election of $arangay officials on %ay 1D2 19; is #rescri$ed"$arangay officials on %ay 1D2 19; is #rescri$ed" But the $an is narrow2 not total" t o#erates only on concerted or grou# action of But the $an is narrow2 not total" t o#erates only on concerted or grou# action of #olitical #arties" The $an against the #artici#ation of #olitical #arties in the $arangay #olitical #arties" The $an against the #artici#ation of #olitical #arties in the $arangay election is an a##ro#riate legislative res#onse to the unwholesome effects of #artisan election is an a##ro#riate legislative res#onse to the unwholesome effects of #artisan $ias in the im#artial discharge of the duties im
$ias in the im#artial discharge of the duties im#osed on the $arangay and its of#osed on the $arangay and its officialsficials as the $asic unit of our #olitical and social structure" t would definitely enhance the as the $asic unit of our #olitical and social structure" t would definitely enhance the o$!ective and im#artial discharge of their duties
o$!ective and im#artial discharge of their duties for $arangay officials to $e shieldedfor $arangay officials to $e shielded form #olitical #arty loyalty"
form #olitical #arty loyalty" Some reasons for the restriction: Some reasons for the restriction:
' Lthe $arangay is the $asic unit not only of our social structure $ut also of our ' Lthe $arangay is the $asic unit not only of our social structure $ut also of our #olitical structure" t would $e
#olitical structure" t would $e a more #rudent #olicy to insulate a more #rudent #olicy to insulate the $arangays fromthe $arangays from the influence of #artisan #olitics" The $arangays2 although it is true they are already the influence of #artisan #olitics" The $arangays2 although it is true they are already considered regular units of our government2 are non'#artisanK they constitute the considered regular units of our government2 are non'#artisanK they constitute the $ase of the
$ase of the #yramid of our #yramid of our social and #olitical social and #olitical structure2 and in structure2 and in order that $ase order that $ase willwill not $e su$!ect to insta$ility $ecause of the influence of #olitical forces2 it is $etter not $e su$!ect to insta$ility $ecause of the influence of #olitical forces2 it is $etter that we elect the officials thereof through a non'#artisan system"L ?0eli$erations on that we elect the officials thereof through a non'#artisan system"L ?0eli$erations on =arliamentary Bill 1- which later $ecame B= Blg"
=arliamentary Bill 1- which later $ecame B= Blg" @@
' The Barangay Ca#tain and the Barangay Council2 a#art from their legislative and ' The Barangay Ca#tain and the Barangay Council2 a#art from their legislative and consultative #owers2 also act as an agency for neutral community action such as the consultative #owers2 also act as an agency for neutral community action such as the distri$ution of $asic foodstuff and as an instrument in conducting #le$iscites and distri$ution of $asic foodstuff and as an instrument in conducting #le$iscites and referenda"
referenda"
'
' The Barangay Ca#tainThe Barangay Ca#tain2 2 togettogether with her with the mem$ers of the mem$ers of the /u#on Taga#the /u#on Taga#aya#aaya#a a##
a##oinointed ted $y $y himhim2 2 e6e6ercerciseises s admadminiinistrstrativative e su#su#ervervisiision on ovover er the the $ar$arangangayay conc
conciliatioiliation n #ane#anels in ls in the latterRs wor> the latterRs wor> of of settlsettling local ing local dis#udis#utes" The tes" The BaranBarangaygay Ca#tain himself settles or hel#s settle local controversies within the $arangay either Ca#tain himself settles or hel#s settle local controversies within the $arangay either through mediation or ar$itration"
through mediation or ar$itration"
The case of m$ong v" C5%E/EC also involved the restriction as that #rescri$ed in The case of m$ong v" C5%E/EC also involved the restriction as that #rescri$ed in Sec" 4 of B= " n u#holding the constitutionality of what was then Sec" ;?a@ of Sec" 4 of B= " n u#holding the constitutionality of what was then Sec" ;?a@ of +e#u$lic Act (o" ,12 the court said that Lhile it may $e true that a #artyRs +e#u$lic Act (o" ,12 the court said that Lhile it may $e true that a #artyRs su##ort of a candidate is not wrong #er se2 it is eually true that Congress in the su##ort of a candidate is not wrong #er se2 it is eually true that Congress in the e6ercise of its $road law'ma>ing authority can declare certain acts as mala #rohi$ita e6ercise of its $road law'ma>ing authority can declare certain acts as mala #rohi$ita whe
when n !us!ustiftified ied $y $y the e6igethe e6igencincies es of of the the timtimes"L The es"L The #ri#rimarmary y #ur#ur#os#ose e of of thethe #rohi$ition was to avoid the denial of the eual #rotection of the laws" The s#onsors #rohi$ition was to avoid the denial of the eual #rotection of the laws" The s#onsors of the #rovision em#hasiOed that under this #rovision2 the #oor candidate has an of the #rovision em#hasiOed that under this #rovision2 the #oor candidate has an even chance as against the rich
even chance as against the rich candidate" Euality of chances may $e candidate" Euality of chances may $e $etter attained$etter attained $y
$y $anning $anning all all organiOation organiOation su##ort" su##ort" The The $an $an was was to to assure assure eual eual chances chances to to aa candidate with talent and im$ued with #atriotism as well as no$ility of #ur#ose2 so candidate with talent and im$ued with #atriotism as well as no$ility of #ur#ose2 so that the country can utiliOe their services if elected"
that the country can utiliOe their services if elected" 0ernando9s onc-rring
0ernando9s onc-rring 'inion:'inion: Te
Test of st of the #ermissi$the #ermissi$le le limitalimitation on tion on freedfreedom of om of assocassociationiation: : .ow should the.ow should the limitation Rfor #ur#oses not contrary to lawR $e inter#retedM t is su$mitted that it is limitation Rfor #ur#oses not contrary to lawR $e inter#retedM t is su$mitted that it is another way of e6#ressing the clear and #resent danger rule for unless an association another way of e6#ressing the clear and #resent danger rule for unless an association or society could $e shown to create an imminent danger to #u$lic safety2 there is no or society could $e shown to create an imminent danger to #u$lic safety2 there is no !ustification for a$ridging the right to f
!ustification for a$ridging the right to form associations or societies"Lorm associations or societies"L Te
Teehan/ee9s ;issenting ehan/ee9s ;issenting 'inion:'inion:
The restriction denies Lnon'#oliticalL candidates the very freedoms of effectively The restriction denies Lnon'#oliticalL candidates the very freedoms of effectively a##ealing to the electorate through the #u$lic media and of $eing su##orted $y a##ealing to the electorate through the #u$lic media and of $eing su##orted $y organiOed grou#s that would give them at least a fighting chance to win against organiOed grou#s that would give them at least a fighting chance to win against candidates of the #olitical >ing#ins" The #olitical $igwigs are meanwhile left to give candidates of the #olitical >ing#ins" The #olitical $igwigs are meanwhile left to give their LindividualL $lessings to their favored candidates2 which in
their LindividualL $lessings to their favored candidates2 which in actuality is ta>en $yactuality is ta>en $y all as the #artyRs $lessings"
all as the #artyRs $lessings"
2277
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GR 16969, JANUAR% 18, 2&&&
GR 16969, JANUAR% 18, 2&&&
(CHOTRANI)
(CHOTRANI)
FACTS: FACTS:=etitioner Amilham!a andum and res#ondent .ad!i Ia#ur Ballaho were candidates =etitioner Amilham!a andum and res#ondent .ad!i Ia#ur Ballaho were candidates for =unong Barangay in
