Codilla, Sr. v. De Venecia
REITERATIONFacts
The Antecedents: Petitioner Eufrocino M. Codilla, Sr. and respondent Ma. Victoria L. Locsin were candidates for Representative of the 4th legislative district of Leyte in the May 14, 2001 elections. A petition for disqualification was filed against Codilla for allegedly using Ormoc City government equipment to distribute gravel and sand to influence voters. The COMELEC Second Division delegated the hearing to the Regional Election Director. At the time of the elections, the disqualification case had not yet been heard. Codilla won the election by 17,903 votes. Procedural History: Respondent Locsin filed motions to suspend Codilla's proclamation, which the COMELEC Second Division granted ex-parte on May 18, 2001, despite Codilla not yet being summoned or the case being set for hearing. Codilla filed an Answer and a Motion to Lift Order of Suspension. On June 14, 2001, the COMELEC Second Division issued a Resolution disqualifying Codilla and ordering the immediate proclamation of the candidate with the highest number of votes. Consequently, Locsin was proclaimed on June 15, 2001, and took her oath on June 18, 2001. Codilla filed a Motion for Reconsideration with the COMELEC en banc and a Petition for Declaration of Nullity of Proclamation. On August 29, 2001, the COMELEC en banc, in a majority decision, reversed the Second Division's resolution, declared Locsin's proclamation null and void, and ordered Codilla's proclamation. Locsin did not appeal this decision. The COMELEC en banc issued an order for the Provincial Board of Canvassers to implement its decision. Codilla was proclaimed on September 12, 2001, and took his oath. Despite this, the House of Representatives, through Speaker De Venecia, did not act on Codilla's assumption of office, citing Locsin's defiance and the need for Supreme Court adjudication. This led to the filing of the present petition for mandamus and quo warranto. The Petition: Petitioner Codilla filed a Petition for Mandamus and Quo Warranto against respondents Speaker Jose De Venecia, Secretary-General Roberto P. Nazareno, and Ma. Victoria L. Locsin. He sought to compel the Speaker and Secretary-General to implement the COMELEC en banc decision by administering his oath and registering him as a Member of the House, and to oust Locsin for unlawfully holding the office.
Issue(s)
Whether the proclamation of respondent Locsin is valid, including the exclusion of votes cast for petitioner Codilla. Whether the COMELEC en banc was divested of jurisdiction to review the validity of Locsin's proclamation, and whether the HRET had jurisdiction in this case. Whether it is the ministerial duty of the public respondents to recognize petitioner Codilla, Sr. as the legally elected Representative of the 4th legislative district of Leyte vice respondent Locsin.
Ruling
The Supreme Court granted the Petition for Mandamus. It ordered the Speaker of the House of Representatives to administer the oath of office to petitioner Eufrocino M. Codilla, Sr., as the duly-elected Representative of the 4th legislative district of Leyte, and the Secretary-General to register his name in the Roll of Members of the House of Representatives. The Court declared that the decision shall be immediately executory.
Ratio Decidendi
On the validity of respondent Locsin's proclamation and the exclusion of votes: The Court found the proclamation of respondent Locsin to be null and void. Petitioner Codilla was denied due process throughout the proceedings, including lack of proper summons and notification. The COMELEC Second Division suspended his proclamation without a finding that the evidence of his guilt was strong. No hearing was conducted, violating COMELEC rules and RA 6646. The disqualification was not based on substantial evidence. The exclusion of Codilla's votes and the proclamation of Locsin were done with undue haste. The votes cast for petitioner Codilla could not be considered 'stray' because the disqualification order had not yet attained finality. Section 6 of RA 6646 and Section 72 of the Omnibus Election Code require a final judgment before the election for votes to be considered stray. Since Codilla timely filed a Motion for Reconsideration, the COMELEC Second Division's resolution did not become final and executory. The proclamation of respondent Locsin, as a mere second placer, was improper and violated settled jurisprudence. On the COMELEC en banc's jurisdiction and the HRET's jurisdiction: The Court ruled that the COMELEC en banc was not divested of its jurisdiction to review the validity of the proclamation because Petitioner Codilla seasonably filed a Motion for Reconsideration with the COMELEC en banc. The COMELEC en banc has the constitutional mandate under Article IX-C, Section 3 of the Constitution and its own Rules of Procedure to review decisions of its divisions upon motion for reconsideration. The timely filing of the motion suspended the execution of the Second Division's order. The HRET did not have jurisdiction in this case because the issue of the validity of the COMELEC Second Division's resolution was still pending before the COMELEC en banc when Locsin was proclaimed. The HRET has no jurisdiction to review COMELEC pronouncements. Furthermore, the case did not involve the election and qualification of respondent Locsin in the sense required for a quo warranto petition before the HRET. On the ministerial duty of public respondents: The Court held that the administration of oath and registration of petitioner Codilla as Representative was a ministerial duty. The facts were settled: Codilla won the election, and the COMELEC en banc's decision annulling Locsin's proclamation and ordering Codilla's proclamation had become final and executory. The rule of law mandates that such decisions be obeyed by all officials. Mandamus was the proper remedy to compel the performance of this ministerial duty.
Main Doctrine
The Supreme Court granted the petition for mandamus, ordering the Speaker of the House of Representatives to administer the oath of office to petitioner Eufrocino M. Codilla, Sr., as the duly-elected Representative of the 4th legislative district of Leyte, and the Secretary-General to register his name in the Roll of Members, holding that the COMELEC en banc's decision annulling the proclamation of respondent Ma. Victoria L. Locsin had become final and executory and its implementation was a ministerial duty.