G.R. No.

192474

June 26, 2012

ROMEO M. JALOSJOS, JR., Petitioner,

vs.
THE COMMISSION ON ELECTIONS and DAN ERASMO, SR., Respondents.
Facts:
In May 2007, petitioner ran for Mayor of Tampilisan, Zamboanga del Norte, and won. In September 2008,
he began living on his house and lot at Barangay Veterans Village, Ipil, Zamboanga Sibugay After eight
months applied for the transfer of his voters registration record to Precinct 0051F of Barangay Veterans
Village. Dan Erasmo, Sr. opposed the application and petition to exclude petitioner but denied. The petition
was elevated to 1st Municipal Circuit Trial Court of Ipil-Tungawan-R.T. Lim (MCTC) which was granted.The
MCTC found that Jalosjos did not abandon his domicile in Tampilisan since he continued even then to
serve as its Mayor. Jalosjos appealed his case to the Regional Trial Court (RTC) of Pagadian City which
affirmed the MCTC decision. Jalosjos elevated the matter to the Court of Appeals (CA) through a petition
for certiorari with an application for the issuance of a writ of preliminary injunction which was granted.
On November 28, 2009 Jalosjos filed his Certificate of Candidacy (COC) for the position of Representative
of the Second District of Zamboanga Sibugay for the May 10, 2010 National Elections. Erasmo filed a
petition to deny due course to or cancel his COC before the COMELEC but it was dismissed for
insufficiency in form and substance. While the motion for reconsideration was pending before the
COMELEC En Banc, the May 10, 2010 elections took place, and petitioner won.
On June 3, 2010 the En Banc granted Erasmos motion for reconsideration and declared Jalosjos ineligible
to seek election as representative because he did not satisfy the residency requirement by continuing to
hold the position of Mayor of Tampilisan, Zamboanga Del Norte, he should be deemed not to have
transferred his residence from that place to Barangay Veterans Village in Ipil, Zamboanga Sibugay. Hence,
this petition.
Issue:
Whether or not the Supreme Court has jurisdiction upon the question of petitioners residency qualification
for running as Representative (Second District of Zamboanga Sibugay), considering that he has been
proclaimed winner in the election and has assumed the discharge of that office?
Ruling:
The court dismisses the petition for lack of jurisdiction over the issues raised. With the fact of his
proclamation and assumption of office, any issue regarding his qualification for the same, like his alleged
lack of the required residence, was solely for the HRET to consider and decide. Consequently, the Court
holds that the COMELEC En Banc exceeded its jurisdiction in declaring Jalosjos ineligible for the position
of representative for the Second District of Zamboanga Sibugay, which he won in the elections, since it had
ceased to have jurisdiction over his case. The Court cannot usurp the power vested by the Constitution
solely on the HRET.

P.E.T. CASE No. 002

March 29, 2005

RONALD ALLAN POE a.k.a. FERNANDO POE, JR., Protestant,

vs.
GLORIA MACAPAGAL-ARROYO, Protestee.
Facts:
In the early hours of June 24, 2004, Mrs. Gloria Macapagal Arroyo (GMA) was proclaimed by the Congress
as the representatives of the sovereign people and acting as the National Board of Canvassers, as the duly
elected President of the Philippines with 12,905,808 votes as against 11,782,232 votes for the secondplacer, the movie actor Fernando Poe, Jr. (FPJ). She took her Oath of Office before the Chief Justice of
the Supreme Court on June 30, 2004. Mr. FPJ filed an an election protest before this Electoral Tribunal on
July 23, 2004. The parties exchanged lively motions, but on December 14, 2004, the Protestant died.
January 10, 2005, a medical certificate, filed by counsel as part of the Notice of Death of the Protestant
died of cardio-pulmonary arrest, together a "MANIFESTATION with URGENT PETITION/MOTION to
INTERVENE AS A SUBSTITUTE FOR DECEASED PROTESTANT FPJ," by the widow, Mrs. Jesusa
Sonora Poe. She avers that the death of the protestant does not constitute a ground for the dismissal of
the contest nor oust the trial court of the jurisdiction to decide the election contest. Even if the instant
protest case succeeds, she is cognizant that as a mere substitute she cannot succeed, assume or be
entitled to said elective office, and her utmost concern is not personal but one that involves the publics
interest.
Issue: Whether or not the widow substitute/intervene for the protestant who died during the pendency of
the latters protest case?
Ruling: No, there was no justifiable reason to grant the petition/motion for intervention and substitution.
There on the ground that no real party in interest has come forward within the period allowed by law, to
intervene in this case or be substituted for the deceased protestant.
Rule 14 of the PET Rules provides: Only the registered candidate for President or for Vice-President of the
Philippines who received the second or third highest number of votes may contest the election of the
President or the Vice-President, as the case may be, by filing a verified petition with the Clerk of the
Presidential Electoral Tribunal within thirty (30) days after the proclamation of the winner.
Rule 3, Section 16 is the rule on substitution in the Rules of Court allows substitution by a legal
representative. It can be gleaned from the citation of this rule that movant/intervenor seeks to appear
before this Tribunal as the legal representative/substitute of the late protestant prescribed by said Section
16. Applying the rule to an election contest, it was every time ruled that a public office is personal to the
public officer and not a property transmissible to the heirs upon death.

G.R. No. 90336 August 12, 1991

RUPERTO TAULE, petitioner,
vs.
SECRETARY LUIS T. SANTOS and GOVERNOR LEANDRO VERCELES, respondents.
Facts:
On June 18,1989, six of the the eleven (11) members of Federation of Associations of Barangay Councils
(FABC) of Catanduanes convened in Virac, Catanduanes to hold the election of its officers. Present were
petitioner Ruperto Taule and five others. Because the group decided to hold the election despite the
absence of five (5) of its members, the Provincial Treasurer and the Provincial Election Supervisor walked
out. The election nevertheless proceeded with PGOO Alberto P. Molina, Jr. as presiding officer. Chosen as
members of the Board of Directors were Taule, Aquino, Avila, Jacob and Sales. However, the Governor
protested said election in a letter to Secretary of Local Government, the respondent, seeking its nullification
in view of several flagrant irregularities in the manner it was conducted. The respondent issued a
resolution nullifying the election of the officers of the FABC in Catanduanes held on June 18, 1989 and
ordering a new one to be conducted as early as possible to be presided by the Regional Director of Region
V of the Department of Local Government. Petitioner filed a motion for reconsideration to nullify the
resolution but was denied. Hence, this sought a petition for certiorari.
Issue:
Whether or not the respondent Secretary has jurisdiction to hear the protest and nullify the elections?
Ruling:
No, the respondent Secretary has no authority to pass upon the validity or regularity of the election of the
officers of the katipunan. His order that the new elections to be conducted be presided by the Regional
Director is a clear and direct interference by the Department with the political affairs of the barangays which
is not permitted by the limitation of presidential power to general supervision over local governments. The
respondent Secretary acted in excess of his jurisdiction. The respondent Secretary not having the
jurisdiction to hear an election protest involving officers of the FABC, the recourse of the parties is to the
ordinary courts. The Regional Trial Courts have the exclusive original jurisdiction to hear the protest.

G.R. No. 169393

April 7, 2006

TONY L. BENWAREN, Petitioner,

vs.
COMMISSION ON ELECTIONS and EDWIN CRISOLOGO, Respondents.
Facts:
The Petitioner and private respondent Edwin Crisologo were candidates for Municipal Mayor of Tineg, Abra
in the May 2004 elections. After the elections, the Municipal Board of Canvassers (MBC canvassed 14 out
of 16 election returns from the 16 precincts that functioned on the day of the elections. The election returns
from Precincts Nos. 8A and 16A were contested and became the subject of pre-proclamation controversies
before the COMELEC. The petitioner objected to the inclusion of election returns of Precinct No. 16A and
was granted by the MBC that preparation and submission of election returns were attended by
irregularities. No names of BEI appeared, no signature and thumbmark, the copy for the ER for national
positions is missing, and the BEIs cannot be located. Hence, MBC deferred proclamation of winner for
Mayor. Petitioner then filed a petition praying for the issuance of an order granting authority to re-open the
ballot box from Precinct No. 16A and to recount its ballots but was dismissed. Private respondent
petitioned for the exclusion of election return from Precinct No. 8A and is pending.
On August 3, 2004, the New MBC convened to canvass the contested election return from the ballot box of
Precinct No. 16A. The counsels for both parties were present. The MBC found violation in the integrity of
the ballot box considering the facts and as borne out by the Minutes of the previous Board, proclaiming
respondent Crisologo as the duly elected mayor based on the results of the remaining uncontested election
returns. Hence, this is a petition for certiorari in the issuance of COMELEC Resolution of August 3, 2005.
Issue: Whether or not the resolution of COMELEC en banc was valid since two former commissioners
were no longer members at the time of promulgation?
Ruling:
Yes, the Resolution remains valid because it is still supported by a majority of the COMELEC en banc. A
decision becomes binding only after it is validly promulgated. If at the time of the promulgation of a decision
or resolution, a member of the collegiate court who had earlier signed or registered his vote has vacated his
office, his vote is automatically withdrawn or cancelled. Petition is dismissed.