FACTS:
While serving as Mayor of Tampilasan Zamboanga del Norte, Petitioner, Romeo Jalosjos sought the transfer of his voter's registration record to Precint 0051F of Barangay Veterans Village, Zamboanga Sibugay.
Dan Erasmo filed a petition with the MCTC which rendered judgement excluding Jalosjos from the list of voters in question on the ground that he did not abandon his domicile in Tampilasan and is still the incumbent mayor.
Jalosjos appealed the decision to the RTC but the MCTC ruling was affirmed.
Through a petition for certiorari with an application for the issuance of a writ of preliminary injunction, Jalosjos elevated the case to the CA. His application was granted and his name was reinstated in the voter's list pending resolution of the petition.
Jalosjos filed his Certificate of Candidacy for the position of Representative of the Second District of Zamboanga Sibugay for the May 2010 national elections. This prompted Erasmo to file a petition with the COMELEC to deny or cancel said COC. His petition was denied by the COMELEC for insufficiency in form and substance.
Pending Erasmo's motion for reconsideration before the COMELEC en banc, Jalosjos won the elections and was proclaimed representative.
Meanwhile, CA rendered in his favor judgement on the pending petition. Erasmo filed a petition for review of the CA's decision before the Supreme Court.
Thereafter, COMELEC en banc granted Erasmo's motion anf declared Jalosjos ineligible to seek election as representative for not satisfying the residency requirement because of his incumbency as mayor of Tampilisan.
Thus, the instant petition.
ISSUE:
Whether or not the Supreme Court 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 that office.
RULING:
While the Constitution vests in the COMELEC the power to decide all questions affecting elections, such power is not without limitation. It does not extend to contests relating to the election, returns, and qualifications of members of the House of Representatives and the Senate. The Constitution vests the resolution of these contests solely upon the appropriate Electoral Tribunal of the Senate or the House of Representatives.
The proclamation of a congressional candidate following the election divests COMELEC of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed Representative in favor of the HRET.
After Jalosjos' proclamation, the COMELEC acted without jurisdiction when it still passed upon the issue of his qualification and declared him ineligible for the office of Representative of the Second District of Zamboanga Sibugay.
On election day of 2010 the COMELEC En Banc had as yet to resolve Erasmo’s appeal from the Second Division’s dismissal of the disqualification case against Jalosjos. Thus, there then 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 COMELEC’s Second Division that allowed his name to stay on that list. Meantime, the COMELEC En Banc did not issue any order suspending his proclamation pending its final resolution of his case. 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 in G.R. 192474 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. Necessarily, Erasmo’s petitions (G.R. 192704 and G.R. 193566) questioning the validity of the registration of Jalosjos as a voter and the COMELEC’s failure to annul his proclamation also fail. The Court cannot usurp the power vested by the Constitution solely on the HRET.
Court GRANTED the petition, REVERSES and SETS ASIDE the respondent COMELEC En Banc’s order, and REINSTATES the Commission’s Second Division resolution
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