Señeres v. Commission on Elections
REITERATIONFacts
The Antecedents: Melquiades A. Robles was elected president of Buhay Hayaan Yumabong (Buhay), a party-list group, in 1999 for a three-year term without re-election. Robles served as president in the 2001 and 2004 elections, signing the necessary documents. For the May 2007 elections, Robles again signed the Manifestation of Desire to Participate and the Certificate of Nomination for Buhay's nominees. However, petitioner Hans Christian M. Señeres, claiming to be acting president and secretary-general, also filed a Certificate of Nomination, nominating himself and others. Señeres alleged that Robles' term had expired and that Robles, as Acting Administrator of the Light Railway Transport Authority (LRTA), was disqualified from engaging in partisan political activity. Procedural History: Señeres filed a Petition to Deny Due Course to Certificates of Nomination with the COMELEC. Subsequently, the National Council of Buhay adopted a resolution expelling Señeres for unauthorized filing of a certificate of nomination and for nominating non-members, authorizing Melquiades A. Robles to remove Señeres' name from the roll of members in the House of Representatives. Robles also filed a petition to declare null and void Señeres' nominations and an urgent motion to remove Señeres. The COMELEC proclaimed Buhay as a winning party-list organization entitled to three seats. On July 19, 2007, the COMELEC issued a resolution declaring Robles as the duly authorized representative of Buhay, holding that he was in a hold-over capacity as party president since no successor was elected. The COMELEC dismissed Señeres' arguments regarding partisan political activity. The first three nominees of Robles took their oaths of office on July 20, 2007. The Petition: Señeres filed a Petition for Certiorari with the Supreme Court seeking to nullify the COMELEC Resolution dated July 19, 2007.
Issue(s)
Whether the COMELEC acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction in issuing its challenged Resolution dated July 19, 2007. Whether the act of nominating candidates by Melquiades A. Robles, who is also the Acting Administrator of the Light Railway Transport Authority (LRTA), constitutes partisan political activity prohibited for civil service employees. Whether Melquiades A. Robles' term as President of Buhay Hayaan Yumabong (Buhay) had expired, thereby nullifying his authority to sign the Certificate of Nomination.
Ruling
The petition is dismissed for lack of merit. The COMELEC Resolution E.M. No. 07-043 dated July 19, 2007 is affirmed.
Ratio Decidendi
On the propriety of the remedy: The Court held that a petition for certiorari under Rule 65 was an improper remedy. The COMELEC's resolution, which declared Melquiades Robles as the duly authorized representative of Buhay and consequently led to the proclamation and assumption of office by Robles' nominees, vested them with the right to represent Buhay as party-list representatives. Once a candidate has been proclaimed, taken their oath, and assumed office as a Member of the House of Representatives, the jurisdiction over election contests relating to their election, returns, and qualifications shifts to the House Electoral Tribunal (HRET). Therefore, Señeres should have filed a petition for quo warranto before the HRET within ten (10) days from receipt of the COMELEC's July 19, 2007 Resolution, which had become final and executory. Consequently, the petition before the Supreme Court had become moot. On partisan political activity: The Court found Señeres' contention that Robles' act of nominating candidates constituted partisan political activity to be without basis. The Omnibus Election Code defines "election campaign" or "partisan political activity" as acts designed to promote the election or defeat of a particular candidate. However, the same provision explicitly states that such acts, if performed solely for the purpose of enhancing the chances of aspirants for nominations by a political party, are not considered prohibited electioneering or partisan political activity. The act of signing and filing a Certificate of Nomination is considered a purely internal process of the party or organization, not an act designed to ensure a candidate's victory in the elections. Furthermore, Señeres failed to aver or adduce proof that Robles committed any of the specific acts enumerated in Section 79(b) of the Omnibus Election Code. The Court also noted that no legal provision prohibits Robles from concurrently holding the positions of LRTA Administrator and acting president of a party-list organization or from nominating candidates. On the hold-over principle and expiration of term: The Court ruled that Señeres' contention that Robles' term as President of Buhay had expired, thus nullifying the Certificate of Nomination, was untenable. As a general rule, officers of a corporation hold over after their term expires until their successors are elected and qualified, as provided in Section 23 of the Corporation Code. In this case, Robles was elected president in 1999, and although his three-year term expired in 2002, no election was held to replace him. The constitution and by-laws of Buhay did not prohibit a hold-over situation. Therefore, Robles remained the President of Buhay in a "hold-over" capacity, and his acts, including the submission of the nomination certificate, were considered valid and effective. The Court also invoked the principle of estoppel, noting that Señeres had previously benefited from Robles' continued service as president, having been nominated by the party in the 2004 elections and securing a seat in the House of Representatives, and thus could not now question Robles' authority.
Main Doctrine
A petition for certiorari under Rule 65 is not the proper remedy to question a COMELEC resolution declaring a party-list nominee as the duly authorized representative, especially when the nominees have already taken their oath and assumed office, as the proper recourse is a petition for quo warranto before the House Electoral Tribunal within the reglementary period. The act of nominating candidates by a party-list organization is not considered partisan political activity for civil service employees.