Romeo Jalosjos v COMELEC

FACTS:
Petitioner Romeo Jalosjos ran for Mayor of Tampilisan, Zamboanga del Norte, and won.
While serving as Mayor, he bought a house and lot in Brgy. Veterans Village, Ipil,
Zamboanga Sibugay, and renovated the same. After a while, he began occupying the
house.
After eight months, Jalosjos applied with the Election Regulatory Board of Ipil,
Zamboanga to transfer his voters record to Precint 005iF of Brgy. Veterans Village.
Respondent Dan Erasmo opposed the application. ERB approved Jalosjos application
and denied Erasmos opposition. He then filed a petition to exclude Jalosjos from the list
of registered voters of Precint 0051F before MCTC. MCTC rendered its decision in favor
of Erasmo, since Jalosjos did not abandon his domicile in Tampilisan since he is still the
Mayor there.
Jalosjos appealed to RTC and the RTC affirmed the MCTC decision.
Jalosjos elevated the issue to the CA through a petition for certiorari, with an application
for the issuance of a Writ of Preliminary injuction . on November 2009, CA granted his
application. On nov. 28, 2009, jalosjos filed his COC for the representative of 2 nd district
of Zamboanga Sibugay for May 10, 2010 National Election because of that Erasmo file
a Petition to deny his COC before comelec due to material representation when he
indicated in it that he residedin Ipil, Zamboanga Sibugay. COMELEC dismissed
Erasmos petition due to insufficiency in form and substance. While Erasmos Motion for
Reconsideration was pending in COMELEC En Banc, election took place and Jalosjos
won as the Repressentative of Second District of Zamboanga Sibugay.
On june 3, 2010, granted Erasmos motion for reconsideration and declared jalosjos
ineligible to seek election as rep of 2nd district of sibugay because jalosjos did not satisfy
the residency requirement since he was still mayor of Tampilisan. Jalosjos and Erasmos
came up to this court on certiorari. Jalosjos challenges Comelecs finding that he didnt
meet the residency requirement. Erasmo assails the comelec en banc, failure to annul
Jalosjos proclamation as elected Representative of 2 nd district. The court ordered the
consolidation of 3 related petitions. OSG sought the dismissal of Erasmos petition and
grant of that Jalosjos since all such petitions deal with the latter qualifications as
proclaimed representative of 2nd district. OSG claims that jurisdiction over this issue lies
with HRET.

Issue: w/N SC has jurisdiction to pass upon the question of jalosjos residency
qualification considering that he has been proclaimed winner in the election and has
assumed the discharge of office.
Held: Comelecs power includes power to decide all questions affecting powers but with
limitations. It does not extend to contest relating to election, returns and qualifications.
The constitution vests the resolution of these contests solely upon the HRET. Comelec
acted without jurisdiction when it still passed the issue of Jalosjos qualification when he
was already declared winner.
On election day of 2010, the Comelec en banc had as yet to resolve Erasmos appeal
from the 2nd division dismissal of the disqualification case against Jalosjos. Thus, there
existed no final judgment deleting jalosjos name from the list of candidates for the
congressional seat he sought. The last standing official action in his case before
election day was the ruling of the comelecs 2nd division that allowed his name to stay on
the list. Any issue regarding his qualification is for HRET to decide.
GR # 192474- Comelec EN BANC exceeded in jurisdiction in declaring Jalosjos
ineligible since Comelec ceased to have jurisdiction over his case.
Petition by Erasmos: GR # 192704 and 193566- questions the validity of Jalosjos
registration is void. The court cannot usurp the power vested by constitution solely to
HRET.
GR # 192474 was granted
GR # 192704 and GR # 193566 was dismissed.