GONZALES VS COMELEC

G.R. No. 192856, March 8, 2011

Facts:
Petitioner Fernando Gonzales and Reno Lim both filed certificates of candidacy for the
position of Representative of the 3rd district of Albay in the May 10, 2010 election. Lim was the
incumbent Congressman while Gonzales was the former Governor of Albay. On March 30, 2010
a petiton for disqualification and cancellation of certificate of candidacy was filed by Stephen
Bichara on the ground that Gonzales is a Spanish national, being the legitimate child of a spanish
father and a filipino mother, and that failed to elect Philippines citizenship upon reaching the age
of majority in accordance with the provisions of Commonwealth Act no. 625. And that his
certificate of candidacy contains misleading information. The Comelec second division division
disqualified Gonzales in the forthcoming National and Local elections. Gonzales thru counsel,
received a copy of the aforesaid resolution on May 11, 2010. Lim petitioned the Provincial Board
of Canvassers to consider the votes cast for Gonzales as stray or not counted and/or suspend his
proclamation, citing the second division’s May 8, 2010 resolution disqualifying Gonzales as a
candidate. PBOC dismissed the petition stating that the period for filing the of a motion for
reconsideration of the comelec resolution has not yet elapsed, and hence, the same is not yet final
and executory. Based on the results of the counting, Gonzales emerged as the winner having
garnered a total vote of 96000 while Lim ranked second with a vote of 68701 votes. On May 12,
2010, PBOC officially proclaimed Gonzales as the duly elected Representative of the 3rd district
of Albay.

Issue:
WON the COMELEC has jurisdiction over a Representative which was officially
proclaimed as a winner.

Ruling:
We have constantly held that once a winning candidate has been proclaimed, taken his
oath, and assumed office as a member of the house of rep. the COMELEC’s jurisdiction over
election, returns, and qualifications ends and the HRET’s own jurisdiction begins. We declared
that the court does not have jurisdiction to pass upon the eligibility of the private respondent who
was already a member of the house at the time of the filing of the petition for certiorari. We have
declared that not even this Court has authority under any law to impose upon and compel the
people to accept a loser, as their representative or political leader. The wreath of victory cannot be
transferred from the disqualified winner to the repudiated loser. The COMELEC clearly acted with
grave abuse of discretion in ordering the proclamation of private respondent Lim who lost by a
wide margin of 29,292 votes, after declaring Gonzalez, the winning candidate, disqualified to run
as Member of the House of Representatives.