Jalosjos v. Commission on Elections
REITERATIONFacts
The Antecedents: Romeo M. Jalosjos, Jr. (Jalosjos), then Mayor of Tampilisan, Zamboanga del Norte, purchased and renovated a house in Ipil, Zamboanga Sibugay, and began occupying it in September 2008. On May 6, 2009, he applied for a transfer of his voter's registration to Ipil, which was opposed by Dan Erasmo, Sr. (Erasmo). The Election Registration Board (ERB) approved Jalosjos' application. Procedural History: Erasmo filed a petition to exclude Jalosjos from the voters list before the Municipal Circuit Trial Court (MCTC), which ruled against Jalosjos, finding he did not abandon his domicile in Tampilisan. The Regional Trial Court (RTC) affirmed the MCTC decision. The Court of Appeals (CA) granted Jalosjos' petition for certiorari and enjoined the enforcement of the lower courts' decisions, reinstating him in the voters list pending resolution. The Petition: Jalosjos filed a Certificate of Candidacy (COC) for Representative of the Second District of Zamboanga Sibugay. Erasmo filed a petition to deny due course or cancel the COC before the COMELEC, alleging material misrepresentation regarding residency. The COMELEC's Second Division dismissed Erasmo's petition. However, while Erasmo's motion for reconsideration was pending before the COMELEC En Banc, Jalosjos won the elections and was proclaimed on May 13, 2010. On June 3, 2010, the COMELEC En Banc granted Erasmo's motion, declared Jalosjos ineligible due to insufficient residency, and annulled his proclamation. The CA, in a separate decision, ruled that Jalosjos was qualified to vote in Ipil. Both Jalosjos and Erasmo filed petitions for certiorari before the Supreme Court.
Issue(s)
Whether the Supreme Court has jurisdiction to pass upon the question of Jalosjos' residency qualification for running for Representative after his proclamation and assumption of office, considering the jurisdiction of the COMELEC and the HRET. Whether the COMELEC En Banc acted with jurisdiction in declaring Jalosjos ineligible for the position of Representative after his proclamation.
Ruling
The Supreme Court granted the petition in G.R. 192474, reversed and set aside the COMELEC En Banc's order dated June 3, 2010, and reinstated the COMELEC's Second Division resolution dated February 23, 2010. The Court dismissed the petitions in G.R. 192704 and G.R. 193566 for lack of jurisdiction.
Ratio Decidendi
On the jurisdiction of the Supreme Court and the COMELEC regarding Jalosjos' residency qualification: The Court reiterated that while the COMELEC has the power to decide all questions affecting elections, this power is limited and does not extend to contests relating to the election, returns, and qualifications of members of the House of Representatives. Such contests are solely vested in the House of Representatives Electoral Tribunal (HRET). The Court has settled that upon the proclamation of a congressional candidate, the COMELEC is divested of jurisdiction over disputes concerning the proclaimed Representative's election, returns, and qualifications, with jurisdiction transferring to the HRET. In this case, Jalosjos had already been proclaimed winner on May 13, 2010. The Supreme Court cannot usurp the power vested by the Constitution solely on the HRET. On the COMELEC En Banc's jurisdiction after Jalosjos' proclamation: The COMELEC En Banc acted without jurisdiction when it passed upon the issue of his qualification after his proclamation. The argument that the proclamation was void because the COMELEC declared him ineligible was unavailing, as the COMELEC's power to disqualify must be exercised before proclamation, or at least, a final judgment of disqualification must exist prior to the election. The COMELEC En Banc did not issue any order suspending his proclamation pending its final resolution. With the fact of his proclamation and assumption of office, any issue regarding his qualification was solely for the HRET to consider and decide.
Main Doctrine
Once a congressional candidate is proclaimed winner and assumes office, the Commission on Elections (COMELEC) is divested of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed Representative, with jurisdiction vesting solely upon the House of Representatives Electoral Tribunal (HRET).