ARTICLE VII SECTION 4 CASE 4 OF 6 c.

Previous jurisprudence also supplies that the Court recognizes

FPJ v. GMA [P.E.T. Case No. 002 (2005)] substitution upon the death of the protestee but denied substitution
DOCTRINE: by the widow or heirs since they are not the real parties in interest.
Rule 14 of the PET provides that only two persons, mainly the 2nd and 3rd places, may contest the d. However, the death of the protestant does not necessarily abate the
election. pending action.
i. While the right to a public office is personal and exclusive
IMPORTANT RULING RELATED TO THE PROVISION/DOCTRINE:
to the public officer, an election protest is not purely
While the right to a public office is personal and exclusive to the public officer, an election protest
is not purely personal and exclusive to the protestant or to the protestee such that the death of
personal and exclusive to the protestant or to the protestee
either would oust the court of all authority to continue the protest proceedings. such that the death of either would oust the court of all
authority to continue the protest proceedings.
1. Congress, acting as the National Board of Canvassers, proclaimed Mrs. Gloria e. In this case, however, nobility of intention cannot be used to
Macapagal-Arroyo (GMA) as the duly elected President of the Philippines. determine whether a person may intervene in an election protest. It
a. She obtained 12,905,808 votes, compared to the votes of Fernando is a matter of litigation and of such direct and immediate character
Poe, Jr. which amounted to 11,782,232. that the intervenor will either gain or lose by the effect of the
2. She took her Oath of Office before the CJ of the Supreme Court on June 30, judgment.
2004. f. Thus, the Tribunal finds no justifiable reason to grant the petition of
3. FPJ filed an election protest before the Presidential Electoral Tribunal (PET) Susan Roces, widow of FPJ.
on July 23, 2004.
4. However, on December 14, 2004, FPJ died in the course of his medical
treatment at St. Luke’s Hospital.
5. His widow, Mrs. Jesusa Sonora Poe (Susan Roces), submitted to the Tribunal
for her to intervene as a substitute to her deceased husband.
6. Roces claims that not only because of the untimely demise of her husband,
but more so because of the paramount interest of the Filipino people, that
there is a need for her to continue and substitute for her late husband in the
election protest initiated by him.
ISSUES:
1. W/N Susan Roces may intervene as a substitute for her deceased husband in
the election protest.
RULING:
1. No, because the Constitution provides that only the 2nd and 3rd placers may
contest the elections, and not the widows.
a. Rule 14 of the PET Rules provides the following:
i. 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.
b. From the express enumeration, the rule makers have determined the
real parties in interest concerning an on-going election contest.