Planas v. Commission on Elections
REITERATIONFacts
The Antecedents: On January 5, 2004, Anna Liza C. Cabochan filed a certificate of candidacy for Representative of the Third Congressional District of Quezon City. Her certificate of candidacy was notarized by Atty. Merito L. R. Fernandez, whose commission as a Notary Public had expired on December 31, 2003. This defect was subsequently raised as a ground for disqualification. Procedural History: A petition to deny due course and/or cancel Cabochan's certificate of candidacy was filed on January 12, 2004, by Ramil T. Cortiguerra, alleging the invalid notarization. On January 15, 2004, Cabochan withdrew her candidacy, and Matias V. Defensor, Jr. filed a substitution. The COMELEC First Division, on May 14, 2004, granted Cortiguerra's petition, denying due course to Cabochan's certificate and invalidating Defensor's substitution. However, on March 11, 2005, the COMELEC En Banc reversed this resolution, finding the substitution valid. The Petition: Petitioner Michael F. Planas assails the COMELEC En Banc's March 11, 2005 Resolution. He argues that the COMELEC En Banc gravely abused its discretion by ruling that the COMELEC was divested of jurisdiction upon Defensor's proclamation and that Cabochan's certificate of candidacy was valid, rendering Defensor's substitution legal. Planas invokes Rule 45 of the Rules of Court, contending that the COMELEC First Division's resolution did not attain finality before the election, thus the COMELEC retained jurisdiction, and that the House of Representatives Electoral Tribunal (HRET) lacks jurisdiction to review COMELEC decisions.
Issue(s)
Whether the COMELEC was divested of its jurisdiction by virtue of Defensor's proclamation and assumption of office as member of the House of Representatives. Whether Cabochan was disqualified as a candidate and, therefore, Defensor's substitution for her was invalid.
Ruling
The petition is DISMISSED. The COMELEC was effectively divested of jurisdiction over the case upon the proclamation of Defensor as the winning candidate, as the resolution denying due course to his certificate of candidacy had not yet attained finality at the time of his proclamation.
Ratio Decidendi
On the issue of COMELEC's divestment of jurisdiction: The Court reiterated the general rule that the proclamation of a congressional candidate divests the COMELEC of jurisdiction in favor of the House of Representatives Electoral Tribunal (HRET). However, this rule is subject to exceptions, particularly when the proclamation itself is illegal or when the disqualification case has not yet reached final judgment. Citing Mutuc, et al. v. COMELEC, et al., the Court emphasized that if the proclamation is illegal, the assumption of office cannot affect the basic issues. In the present case, at the time of Defensor's proclamation, the resolution invalidating his certificate of candidacy was not yet final because a motion for reconsideration was pending before the COMELEC En Banc. Therefore, Defensor remained qualified at that point, rendering his proclamation valid and legal. Consequently, the COMELEC was divested of jurisdiction over the case, and the matter of his qualification should be addressed by the HRET. On the validity of Cabochan's certificate and Defensor's substitution: The Court found that the COMELEC En Banc, in its March 11, 2005 Resolution, reversed the COMELEC First Division's ruling. This reversal meant that the COMELEC En Banc did not find Cabochan's certificate of candidacy to be invalid due to the expired commission of the notary public, nor did it find Defensor's substitution to be illegal. The Court's dismissal of the petition implies an affirmation of the COMELEC En Banc's finding that the certificate of candidacy was valid and the substitution was legal, or at least that the issue of validity was to be determined by the HRET given the divestment of COMELEC jurisdiction.
Main Doctrine
The proclamation of a congressional candidate, if made while a disqualification case against them is still pending and has not reached final judgment, renders the proclamation valid and effectively divests the COMELEC of jurisdiction over the case in favor of the House of Representatives Electoral Tribunal (HRET).