Tañada vs. COMELEC

Upon proclamation of a winning congressional candidate who has taken oath and assumed office, jurisdiction over all contests relating to the election, returns, and qualifications of that member vests exclusively in the House of Representatives Electoral Tribunal (HRET), divesting the COMELEC and the courts of jurisdiction over such disputes.

Wigberto R. Tañada, Jr., Angelina D. Tan, and Alvin John S. Tañada were rival candidates for the position of Member of the House of Representatives for the 4th District of Quezon Province in the May 13, 2013 National Elections. Wigberto ran under the Liberal Party, Alvin John under Lapiang Manggagawa, and Angelina under the National People's Coalition. The dispute centers on whether Alvin John was a nuisance candidate under Section 69 of the Omnibus Election Code (OEC) and whether votes cast in his name should be credited to Wigberto — an issue governed by the jurisdictional boundaries between the COMELEC and the HRET under the 1987 Constitution.

On October 10, 2012, Wigberto R. Tañada, Jr. filed two separate petitions before the COMELEC against Alvin John S. Tañada: one to cancel Alvin John's Certificate of Candidacy (CoC) under Section 78 of the Omnibus Election Code (OEC), and another to declare him a nuisance candidate under Section 69 of the same law. These petitions were docketed as SPA Nos. 13-056 (DC) and 13-057 (DC), respectively. The COMELEC First Division dismissed both petitions for lack of merit in a Resolution dated January 29, 2013. On Wigberto's motion for reconsideration, the COMELEC En Banc, in a Resolution dated April 25, 2013, upheld the dismissal of the nuisance candidate petition but granted reconsideration in the CoC cancellation petition, cancelling Alvin John's CoC for false material representations concerning his residency under Section 78 of the OEC.

Despite the cancellation of Alvin John's CoC, his name remained printed on the ballot. Wigberto filed a motion with the Provincial Board of Canvassers (PBOC) of Quezon Province asking that votes cast for Alvin John be credited to him, relying on the Court's ruling in Dela Cruz vs. COMELEC and COMELEC Resolution No. 9599. The PBOC denied the motion in a Resolution dated May 16, 2013, holding that because the cancellation was based on material misrepresentation under Section 78 rather than on nuisance candidacy under Section 69, the votes could not be transferred. The PBOC canvassed all three candidates' votes separately and proclaimed Angelina D. Tan as the winning candidate for the 4th District of Quezon Province on May 16, 2013.

Wigberto impleaded Angelina as a party-respondent in the instant petition. He had also filed a Petition to Annul the Proclamation of Angelina before the COMELEC (SPC No. 13-013), asserting that had the PBOC followed pertinent rulings, the votes cast for Alvin John would have been counted in his favor, potentially resulting in his victory. While that petition remained pending, Wigberto initiated the present certiorari case before the Supreme Court. On July 3, 2013, Wigberto filed a Manifestation informing the Court that he had filed an Election Protest Ad Cautelam before the HRET, docketed as Electoral Protest Case No. 13-018. The Office of the Solicitor General confirmed that Angelina had taken her oath and assumed office past noon on June 30, 2013, and that the COMELEC Second Division had annulled her proclamation on June 28, 2013, with that ruling pending before the COMELEC En Banc.

• Nuisance Candidacy: Wigberto assailed the COMELEC En Banc Resolution dated April 25, 2013 declaring Alvin John not a nuisance candidate under Section 69 of the OEC, arguing that Alvin John's candidacy was not bona fide.
• Newly Discovered Evidence: Wigberto alleged that Alvin John was merely forced by his father to file his CoC, had no election paraphernalia posted in official COMELEC posting areas in several barangays, did not vote during the May 13, 2013 elections, and that his legal representation appeared to be in collusion with Angelina's lawyers.
• Credit of Votes: Wigberto sought that the votes cast in favor of Alvin John be credited to him and that he be declared the winning candidate for the congressional post.

• Jurisdiction: Whether the Supreme Court retains jurisdiction to resolve the petition assailing the COMELEC's declaration that Alvin John was not a nuisance candidate, given that Angelina had already been proclaimed, taken her oath, and assumed office as Member of the House of Representatives.

• Jurisdiction: No. The Court was without jurisdiction to resolve the petition. Upon proclamation of a congressional candidate who has taken oath and assumed office, jurisdiction over contests relating to election, returns, and qualifications vests exclusively in the HRET pursuant to Section 17, Article VI of the 1987 Constitution.

• Jurisdiction: Section 17, Article VI of the 1987 Constitution designates the HRET as the sole judge of all contests relating to the election, returns, and qualifications of members of the House of Representatives. Case law establishes that the proclamation of a congressional candidate following an election divests the COMELEC of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed representative in favor of the HRET. The terms "election," "returns," and "qualifications" encompass, respectively, the conduct of the polls including the casting and counting of votes, the canvass of returns and proclamation of winners, and matters that could be raised in a quo warranto proceeding against the proclaimed winner. Because Angelina had been proclaimed on May 16, 2013, and had taken her oath and assumed office past noon on June 30, 2013, the issues concerning the conduct of the canvass and the resulting proclamation fell within the scope of "election" and "returns" and were properly matters for the HRET's sole jurisdiction. The Court accordingly dismissed the petition.

• HRET Exclusive Jurisdiction Doctrine — Under Section 17, Article VI of the 1987 Constitution, the HRET is the sole judge of all contests relating to the election, returns, and qualifications of members of the House of Representatives. The phrase "election, returns and qualifications" refers to all matters affecting the validity of the contestee's title: "election" refers to the conduct of the polls, including the listing of voters, the holding of the electoral campaign, and the casting and counting of votes; "returns" refers to the canvass of the returns and the proclamation of the winners, including questions concerning the composition of the board of canvassers and the authenticity of the election returns; and "qualifications" refers to matters that could be raised in a quo warranto proceeding against the proclaimed winner, such as disloyalty, ineligibility, or the inadequacy of the CoC. The Court applied this doctrine by holding that once a congressional candidate is proclaimed and assumes office, jurisdiction over disputes relating to election, returns, and qualifications passes exclusively to the HRET, divesting both the COMELEC and the courts.

• "Case law states that the proclamation of a congressional candidate following the election divests the COMELEC of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed representative in favor of the HRET." — This passage articulates the controlling jurisdictional rule: the transfer of jurisdiction from the COMELEC to the HRET upon proclamation of a winning congressional candidate.
• "The phrase 'election, returns and qualifications' refers to all matters affecting the validity of the contestee's title." — This passage defines the scope of the HRET's jurisdiction, providing the canonical breakdown of each term as applied in Philippine election law.
• "Considering that Angelina had already been proclaimed as Member of the House of Representatives for the 4th District of Quezon Province on May 16, 2013, as she has in fact taken her oath and assumed office past noon time of June 30, 2013, the Court is now without jurisdiction to resolve the case at bar." — This passage applies the jurisdictional doctrine to the facts, establishing the ratio decidendi for the dismissal.

• Jalosjos, Jr. vs. COMELEC, G.R. Nos. 192474, 192704, and 193566, June 26, 2012, 674 SCRA 530 — Controlling precedent followed for the proposition that proclamation of a congressional candidate divests the COMELEC of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed representative in favor of the HRET.
• Vinzons-Chato vs. COMELEC, G.R. No. 172131, April 2, 2007, 520 SCRA 167 — Cited for the definition of the phrase "election, returns and qualifications" as referring to all matters affecting the validity of the contestee's title, and for the breakdown of each term's scope.
• Dela Cruz vs. COMELEC, G.R. No. 192221, November 13, 2012, 685 SCRA 347 — Cited by Wigberto in support of his motion before the PBOC to have votes cast for Alvin John credited to him; the PBOC declined to apply it, distinguishing the case on the ground that the CoC cancellation was based on Section 78 (material misrepresentation) rather than Section 69 (nuisance candidate).

• Section 17, Article VI, 1987 Philippine Constitution — Establishes the HRET as the sole judge of all contests relating to the election, returns, and qualifications of members of the House of Representatives. The Court applied this provision to hold that upon proclamation and assumption of office by Angelina, jurisdiction over the disputed issues passed exclusively to the HRET, rendering the Court without jurisdiction to resolve the petition.
• Section 69, Batas Pambansa Bilang 881 (Omnibus Election Code of the Philippines) — Defines nuisance candidates and authorizes the COMELEC to refuse to give due course to or cancel a CoC if it is shown that the certificate was filed to put the election process in mockery or disrepute or to cause confusion among voters, or by other circumstances demonstrating that the candidate has no bona fide intention to run. The COMELEC En Banc upheld the dismissal of Wigberto's petition under this provision.
• Section 78, Batas Pambansa Bilang 881 (Omnibus Election Code of the Philippines) — Governs petitions to deny due course to or cancel a CoC on the ground of false material representation therein. The COMELEC En Banc granted Wigberto's motion for reconsideration under this provision and cancelled Alvin John's CoC for false material representations concerning his residency, though this did not result in the transfer of votes to Wigberto.

Chief Justice Maria Lourdes P. A. Sereno, and Associate Justices Antonio T. Carpio, Teresita J. Leonardo-De Castro, Arturo D. Brion, Diosdado M. Peralta, Lucas P. Bersamin, Mariano C. Del Castillo, Roberto A. Abad, Martin S. Villarama, Jr., Jose Portugal Perez, Jose Catral Mendoza, Bienvenido L. Reyes, and Marvic Mario Victor F. Leonen. Associate Justice Presbitero J. Velasco, Jr. took no part.