Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No.

189466 February 11, 2010

DAR ! GRACE ". A#A ON, Petitioner, vs. T$E $ONORA#!E $OUSE OF REPRESENTAT%&ES E!ECTORA! TR%#UNA!, PERFECTO C. !UCA#AN, "R., RON ! S. DE !A CRU' a() AGUST%N C. DOROGA, Respondents. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 189*06 CONGRESSMAN "O&%TO S. PA!PARAN, "R., Petitioner, vs. $OUSE OF REPRESENTAT%&ES E!ECTORA! TR%#UNA! +$RET,, DR. RE NA!DO !ESACA, "R., CR%ST%NA PA!A#A , RENATO M. RE ES, "R., ER!%NDA CADAPAN, ANTON%O F!ORES a() "OSE!%TO USTARE',Respondents. DEC ! "N A#AD, J.: #hese t$o cases are about the authorit% of the &ouse of Representatives Electoral #ribunal '&RE#( to pass upon the eli)ibilities of the no*inees of the part%-list )roups that $on seats in the lo$er house of Con)ress. #he +acts and the Case n G.R. 189466, petitioner Dar%l ,race -. Aba%on is the first no*inee of the Aan)at #a%o part%-list or)ani.ation that $on a seat in the &ouse of Representatives durin) the /001 elections. Respondents Perfecto C. 2ucaban, -r., Ron%l !. Dela Cru., and A)ustin C. Doro)a, all re)istered voters, filed a petition for quo warranto $ith respondent &RE# a)ainst Aan)at #a%o and its no*inee, petitioner Aba%on, in &RE# Case 01-034. #he% clai*ed that Aan)at #a%o $as not eli)ible for a part%-list seat in the &ouse of Representatives, since it did not represent the *ar)inali.ed and underrepresented sectors. Respondent 2ucaban and the others $ith hi* further pointed out that petitioner Aba%on herself $as not 5ualified to sit in the &ouse as a part%-list no*inee since she did not belon) to the *ar)inali.ed and underrepresented sectors, she bein) the $ife of an incu*bent con)ressional district representative. !he *oreover lost her bid as part%-list representative of the part%-list or)ani.ation called An 6ara% in the i**ediatel% precedin) elections of Ma% 40, /003. Petitioner Aba%on countered that the Co**ission on Elections 'C"ME2EC( had alread% confir*ed the status of Aan)at #a%o as a national *ulti-sectoral part%-list or)ani.ation representin) the $or7ers, $o*en, %outh, urban poor, and elderl% and that she belon)ed to the $o*en sector. Aba%on

also clai*ed that althou)h she $as the second no*inee of An 6ara% part%-list or)ani.ation durin) the /003 elections, she could not be re)arded as havin) lost a bid for an elective office. +inall%, petitioner Aba%on pointed out that respondent &RE# had no 8urisdiction over the petition for 5uo $arranto since respondent 2ucaban and the others $ith hi* collaterall% attac7ed the re)istration of Aan)at #a%o as a part%-list or)ani.ation, a *atter that fell $ithin the 8urisdiction of the C"ME2EC. t $as Aan)at #a%o that $as ta7in) a seat in the &ouse of Representatives, and not Aba%on $ho $as 8ust its no*inee. All 5uestions involvin) her eli)ibilit% as first no*inee, said Aba%on, $ere internal concerns of Aan)at #a%o. "n -ul% 49, /00: respondent &RE# issued an order, dis*issin) the petition as a)ainst Aan)at #a%o but upholdin) its 8urisdiction over the 5ualifications of petitioner Aba%on. 4 #he latter *oved for reconsideration but the &RE# denied the sa*e on !epte*ber 41, /00:, / pro*ptin) Aba%on to file the present petition for special civil action of certiorari. n ,.R. 4;:<09, petitioner -ovito !. Palparan, -r. is the first no*inee of the Banta% part%-list )roup that $on a seat in the /001 elections for the *e*bers of the &ouse of Representatives. Respondents Re%naldo 2esaca, -r., Cristina Palaba%, Renato M. Re%es, -r., Erlinda Cadapan, Antonio +lores, and -oselito =stare. are *e*bers of so*e other part%-list )roups. !hortl% after the elections, respondent 2esaca and the others $ith hi* filed $ith respondent &RE# a petition forquo warranto a)ainst Banta% and its no*inee, petitioner Palparan, in &RE# Case 01-030. 2esaca and the others alle)ed that Palparan $as ineli)ible to sit in the &ouse of Representatives as part%-list no*inee because he did not belon) to the *ar)inali.ed and underrepresented sectors that Banta% represented, na*el%, the victi*s of co**unist rebels, Civilian Ar*ed +orces ,eo)raphical =nits 'CA+,=s(, for*er rebels, and securit% )uards. 2esaca and the others said that Palparan co**itted )ross hu*an ri)hts violations a)ainst *ar)inali.ed and underrepresented sectors and or)ani.ations. Petitioner Palparan countered that the &RE# had no 8urisdiction over his person since it $as actuall% the part%-list Banta%, not he, that $as elected to and assu*ed *e*bership in the &ouse of Representatives. Palparan clai*ed that he $as 8ust Banta%>s no*inee. Conse5uentl%, an% 5uestion involvin) his eli)ibilit% as first no*inee $as an internal concern of Banta%. !uch 5uestion *ust be brou)ht, he said, before that part%-list )roup, not before the &RE#. "n -ul% /?, /00: respondent &RE# issued an order dis*issin) the petition a)ainst Banta% for the reason that the issue of the ineli)ibilit% or 5ualification of the part%-list )roup fell $ithin the 8urisdiction of the C"ME2EC pursuant to the Part%-2ist !%ste* Act. &RE#, ho$ever, defended its 8urisdiction over the 5uestion of petitioner Palparan>s 5ualifications. ? Palparan *oved for reconsideration but the &RE# denied it b% a resolution dated !epte*ber 40, /00:, 3 hence, the recourse to this Court throu)h this petition for special civil action of certiorari and prohibition. !ince the t$o cases raise a co**on issue, the Court has caused their consolidation. #he ssue Presented #he co**on issue presented in these t$o cases is@ 6hether or not respondent &RE# has 8urisdiction over the 5uestion of 5ualifications of petitioners Aba%on and Palparan as no*inees of Aan)at #a%o and Banta% part%-list or)ani.ations, respectivel%,

$ho too7 the seats at the &ouse of Representatives that such or)ani.ations $on in the /001 elections. #he Court>s Rulin) Petitioners Aba%on and Palparan have a co**on theor%@ Republic Act 'R.A.( 1:34, the Part%-2ist !%ste* Act, vests in the C"ME2EC the authorit% to deter*ine $hich parties or or)ani.ations have the 5ualifications to see7 part%-list seats in the &ouse of Representatives durin) the elections. ndeed, the &RE# dis*issed the petitions for 5uo $arranto filed $ith it insofar as the% sou)ht the dis5ualifications of Aan)at #a%o and Banta%. !ince petitioners Aba%on and Palparan $ere not elected into office but $ere chosen b% their respective or)ani.ations under their internal rules, the &RE# has no 8urisdiction to in5uire into and ad8udicate their 5ualifications as no*inees. f at all, sa%s petitioner Aba%on, such authorit% belon)s to the C"ME2EC $hich alread% upheld her 5ualification as no*inee of Aan)at #a%o for the $o*en sector. +or Palparan, Banta%>s personalit% is so inseparable and intert$ined $ith his o$n person as its no*inee so that the &RE# cannot dis*iss the quo warranto action a)ainst Banta% $ithout dis*issin) the action a)ainst hi*. But, althou)h it is the part%-list or)ani.ation that is voted for in the elections, it is not the or)ani.ation that sits as and beco*es a *e*ber of the &ouse of Representatives. !ection <, Article A of the Constitution,< identifies $ho the B*e*bersB of that &ouse are@ !ec. <. '4(. #he &ouse of Representatives shall be co*posed of not *ore than t$o hundred and fift% *e*bers, unless other$ise fixed b% la$, $ho shall be elected fro* le)islative districts apportioned a*on) the provinces, cities, and the Metropolitan Manila area in accordance $ith the nu*ber of their respective inhabitants, and on the basis of a unifor* and pro)ressive ratio, and those $ho, as provided b% la$, shall be elected throu)h a part%-list s%ste* of re)istered national, re)ional, and sectoral parties or or)ani.ations. '=nderscorin) supplied( Clearl%, the *e*bers of the &ouse of Representatives are of t$o 7inds@ B*e*bers x x x $ho shall be elected fro* le)islative districtsB and B-.o/e 0.o 1 1 1 /.a22 be e2e3-e) -.rou4. a 5ar-y627//y/-e8 o9 re47/-ere) (a-7o(a2, re47o(a2, a() /e3-ora2 5ar-7e/ or or4a(7:a-7o(/. B #his *eans that, fro* the Constitution>s point of vie$, it is the part%-list representatives $ho are BelectedB into office, not their parties or or)ani.ations. #hese representatives are elected, ho$ever, throu)h that peculiar part%-list s%ste* that the Constitution authori.ed and that Con)ress b% la$ established $here the voters cast their votes for the or)ani.ations or parties to $hich such part%-list representatives belon). "nce elected, both the district representatives and the part%-list representatives are treated in li7e *anner. #he% have the sa*e deliberative ri)hts, salaries, and e*olu*ents. #he% can participate in the *a7in) of la$s that $ill directl% benefit their le)islative districts or sectors. #he% are also sub8ect to the sa*e ter* li*itation of three %ears for a *axi*u* of three consecutive ter*s. t *a% not be a*iss to point out that the Part%-2ist !%ste* Act itself reco)ni.es part%-list no*inees as B*e*bers of the &ouse of Representatives,B thus@ !ec. /. Declaration of Polic%. - #he !tate shall pro*ote proportional representation in the election of representatives to the &ouse of Representatives throu)h a part%-list s%ste* of re)istered national, re)ional and sectoral parties or or)ani.ations or coalitions thereof, $hich $ill enable +ilipino citi.ens belon)in) to the *ar)inali.ed and underrepresented sectors, or)ani.ations and parties, and $ho lac7 $ell-defined political constituencies but $ho could contribute to the for*ulation and enact*ent of appropriate le)islation that $ill benefit the nation as a $hole, to beco*e *e*bers of the &ouse of

Representatives. #o$ards this end, the !tate shall develop and )uarantee a full, free and open part% s%ste* in order to attain the broadest possible representation of part%, sectoral or )roup interests in the &ouse of Representatives b% enhancin) their chances to co*pete for and $in seats in the le)islature, and shall provide the si*plest sche*e possible. '=nderscorin) supplied( As this Court also held in Bantay Republic Act or BA-RA 7941 v. Commission on Elections ,9 a part%list representative is in ever% sense Ban elected *e*ber of the &ouse of Representatives.B Althou)h the vote cast in a part%-list election is a vote for a part%, such vote, in the end, $ould be a vote for its no*inees, $ho, in appropriate cases, $ould eventuall% sit in the &ouse of Representatives. Both the Constitution and the Part%-2ist !%ste* Act set the 5ualifications and )rounds for dis5ualification of part%-list no*inees. !ection : of R.A. 1:34, echoin) the Constitution, states@ Se3. 9. ;ua27973a-7o( o9 Par-y6!7/- No87(ee/. < No 5er/o( /.a22 be (o87(a-e) a/ 5ar-y627/re5re/e(-a-7=e u(2e// .e 7/ a (a-ura26bor( 37-7:e( o9 -.e P.727557(e/, a re47/-ere) =o-er, a re/7)e(- o9 -.e P.727557(e/ 9or a 5er7o) o9 (o- 2e// -.a( o(e +1, year 788e)7a-e2y 5re3e)7(4 -.e )ay o9 -.e e2e3-7o(, ab2e -o rea) a() 0r7-e, bo(a 97)e 8e8ber o9 -.e 5ar-y or or4a(7:a-7o( 0.73. .e /ee>/ -o re5re/e(- 9or a- 2ea/- (7(e-y +90, )ay/ 5re3e)7(4 -.e )ay o9 -.e e2e3-7o(, a() 7/ a- 2ea/- -0e(-y697=e +2*, year/ o9 a4e o( -.e )ay o9 -.e e2e3-7o(.
1avvphi1

%( 3a/e o9 a (o87(ee o9 -.e you-. /e3-or, .e 8u/- a- 2ea/- be -0e(-y697=e +2*, bu- (o- 8ore -.a( -.7r-y +?0, year/ o9 a4e o( -.e )ay o9 -.e e2e3-7o(. A(y you-. /e3-ora2 re5re/e(-a-7=e 0.o a--a7(/ -.e a4e o9 -.7r-y +?0, )ur7(4 .7/ -er8 /.a22 be a22o0e) -o 3o(-7(ue u(-72 -.e e157ra-7o( o9 .7/ -er8. n the cases before the Court, those $ho challen)ed the 5ualifications of petitioners Aba%on and Palparan clai* that the t$o do not belon) to the *ar)inali.ed and underrepresented sectors that the% ou)ht to represent. #he Part%-2ist !%ste* Act provides that a no*inee *ust be a Bbona fide *e*ber of the part% or or)ani.ation $hich he see7s to represent.B 1 t is for the &RE# to interpret the *eanin) of this particular 5ualification of a no*ineeCthe need for hi* or her to be a bona fide *e*ber or a representative of his part%-list or)ani.ationCin the context of the facts that characteri.e petitioners Aba%on and Palparan>s relation to Aan)at #a%o and Banta%, respectivel%, and the *ar)inali.ed and underrepresented interests that the% presu*abl% e*bod%. Petitioners Aba%on and Palparan of course point out that the authorit% to deter*ine the 5ualifications of a part%-list no*inee belon)s to the part% or or)ani.ation that no*inated hi*. #his is true, initiall%. #he ri)ht to exa*ine the fitness of aspirin) no*inees and, eventuall%, to choose five fro* a*on) the* after all belon)s to the part% or or)ani.ation that no*inates the*. ; But $here an alle)ation is *ade that the part% or or)ani.ation had chosen and allo$ed a dis5ualified no*inee to beco*e its part%-list representative in the lo$er &ouse and en8o% the secured tenure that )oes $ith the position, the resolution of the dispute is ta7en out of its hand. Parentheticall%, althou)h the Part%-2ist !%ste* Act does not so state, the C"ME2EC see*s to believe, $hen it resolved the challen)e to petitioner Aba%on, that it has the po$er to do so as an incident of its authorit% to approve the re)istration of part%-list or)ani.ations. But the Court need not resolve this 5uestion since it is not raised here and has not been ar)ued b% the parties. 6hat is inevitable is that !ection 41, Article A of the Constitution : provides that the &RE# shall be the sole 8ud)e of all contests relatin) to, a*on) other thin)s, the 5ualifications of the *e*bers of the &ouse of Representatives. !ince, as pointed out above, part%-list no*inees are B e2e3-e) 8e8ber/B of the &ouse of Representatives no less than the district representatives are, the &RE# has

8urisdiction to hear and pass upon their 5ualifications. B% analo)% $ith the cases of district representatives, once the part% or or)ani.ation of the part%-list no*inee has been proclai*ed and the no*inee has ta7en his oath and assu*ed office as *e*ber of the &ouse of Representatives, the C"ME2EC>s 8urisdiction over election contests relatin) to his 5ualifications ends and the &RE#>s o$n 8urisdiction be)ins.40 #he Court holds that respondent &RE# did not )ravel% abuse its discretion $hen it dis*issed the petitions for quo warranto a)ainst Aan)at #a%o part%-list and Banta% part%-list but upheld its 8urisdiction over the 5uestion of the 5ualifications of petitioners Aba%on and Palparan. 6&ERE+"RE, the Court D%SM%SSES the consolidated petitions and A++ RM! the "rder dated -ul% 49, /00: and Resolution 0:-4;? dated !epte*ber 41, /00: in &RE# Case 01-034 of the &ouse of Representatives Electoral #ribunal as $ell as its "rder dated -ul% /?, /00: and Resolution 0:-41; dated !epte*ber 40, /00: in &RE# Case 01-030. SO ORDERED. RO#ERTO A. A#AD Associate -ustice @E CONCURA RE NATO S. PUNO Chief -ustice ANTON%O T. CARP%O Associate -ustice CONC$%TA CARP%O MORA!ES Associate -ustice ANTON%O EDUARDO #. NAC$URA Associate -ustice ARTURO D. #R%ON Associate -ustice !UCAS P. #ERSAM%N Associate -ustice MART%N S. &%!!ARAMA, "R. Associate -ustice "OSE C. MENDO'A Associate -ustice CER# + CA# "N RENATO C. CORONA Associate -ustice PRES#%TERO ". &E!ASCO, "R. Associate -ustice TERES%TA ". !EONARDO6DE CASTRO Associate -ustice D%OSDADO M. PERA!TA Associate -ustice MAR%ANO C. DE! CAST%!!O Associate -ustice "OSE P. PERE' Associate -ustice

Pursuant to !ection 4?, Article A of the Constitution, it is hereb% certified that the conclusions in the above Decision had been reached in consultation before the case $as assi)ned to the $riter of the opinion of the Court. RE NATO S. PUNO Chief -ustice

Foo-(o-e/
4

Rollo ',.R. No. 4;:399(, pp. 431-43;. d. at /<-/9, Resolution 0:-4;?. Rollo ',.R. No. 4;:<09(, pp. <?-<3. d. at ;?-;3.

!ection 41. #he !enate and the &ouse of Representatives shall each have an Electoral #ribunal $hich shall be the sole 8ud)e of all contests relatin) to the election, returns, and 5ualifications of their respective Me*bers. Each Electoral #ribunal shall be co*posed of nine Me*bers, three of $ho* shall be -ustices of the !upre*e Court to be desi)nated b% the Chief -ustice, and the re*ainin) six shall be Me*bers of the !enate or the &ouse of Representatives, as the case *a% be, $ho shall be chosen on the basis of proportional representation fro* the political parties and the parties or or)ani.ations re)istered under the part%-list s%ste* represented therein. #he senior -ustice in the Electoral #ribunal shall be its Chair*an.
< 9

,.R. No. 411/14, Ma% 3, /001, </? !CRA 4, 49-41. Republic Act 1:34, !ection :. Republic Act 1:34, !ection 4?.

!ection 41. #he !enate and the &ouse of Representatives shall each have an Electoral #ribunal $hich shall be the sole 8ud)e of all contests relatin) to the election, returns, and 5ualifications of their respective Me*bers. Each Electoral #ribunal shall be co*posed of nine Me*bers, three of $ho* shall be -ustices of the !upre*e Court to be desi)nated b% the Chief -ustice, and the re*ainin) six shall be Me*bers of the !enate or the &ouse of Representatives, as the case *a% be, $ho shall be chosen on the basis of proportional representation fro* the political parties and the parties or or)ani.ations re)istered under the part%-list s%ste* represented therein. #he senior -ustice in the Electoral #ribunal shall be its Chair*an.
: 40

Se eres v. Commission on Elections, ,.R. No. 41;91;, April 49, /00:.