Vous êtes sur la page 1sur 1

Bondoc vs. Pineda et al. GR No. 97710. September 26, 1991 Ponente: Grio-Aquino, J.

Facts: Marciano Pineda of the Laban ng Demokratikong Pilipino (LDP) and Dr. Emigdio Bondoc of the Nacionalista Party (NP) were rival candidates for the position of Representative for the 4th District of the province of Pampanga. Pineda was proclaimed the winner so Bondoc filed a protest in the House of Representatives Electoral Tribunal (HRET) composed of 9 members, 3 are SC Justices and members from the HoR, 5 from LDP and 1 from NP. Congressmen Camasura (LDP) and Cerilles (NP) and the SC Justices, after re-appreciation and recount of the ballots resulting to 107 lead by Bondoc over Pineda, voted to proclaim Bondoc the winner. However, before the promulgation of the resolution, Cong. Camasura was expelled from LDP due to disloyalty and LDP withdrew the nomination and rescinded his election to the HRET, thus, there was a lack of concurrence of 5 members as required by Sec. 24 of the Rules of the Tribunal so the resolution was cancelled as it could not be validly promulgated. Issue: May the Supreme Court review and annul the action of the HoR, at the request of the dominant political party, changing said political partys representation in the HRET to thwart the promulgation of a decision freely reached by the HRET in an election contest proceeding therein? Held: YES. The judicial power of the Court was invoked by Bondoc for the protection of his rights against the HoRs grave abuse of discretion in removing Cong. Camasura from the HRET. He called upon the Court, as guardian of the Constitution, to exercise its judicial power and discharge its duty to protect his rights as the party aggrieved by the action of the House. The Court must perform this duty even when the violator be the highest official of the land or the Government itself. Camasura was reinstated to his position as a member of the HRET. Bondoc was proclaimed winner.

Vous aimerez peut-être aussi