WIGBERTO R. TAADA, JR.

Petitioner,
vs.
COMMISSION ON ELECTIONS ANGELINA D. TAN, AND ALVIN JOHN S. TAADA, Respondents.
R E S O L U T I O N
PERLAS-BERNABE, J.:
Assailed in this petition for certiorari
1
under Rule ! in relation to Rule " of the Rules of #ourt is the
Resolution
$
dated April $!, $%1& of the #o''ission on Elections (#O)ELE#* En +anc declarin,
respondent Alvin -ohn S. Ta.ada not a nuisance candidate.
The /acts
Petitioner 0i,1erto R. Ta.ada, -r., (0i,1erto* and respondents An,elina 2. Tan (An,elina* and Alvin
-ohn S. Ta.ada (Alvin -ohn* 3ere contenders for the position of )e'1er of the 4ouse of
Representatives for the "th 2istrict of 5ue6on Province in the 7ust concluded )a8 1&, $%1& National
Elections.
&
0i,1erto ran under the 1anner of the Li1eral Part89 Alvin -ohn 3as the o:cial con,ressional
candidate of Lapian, )an,,a,a3a9 3hile An,elina 3as ;elded 18 the National People<s #oalition.
"
On Octo1er 1%, $%1$, 0i,1erto ;led 1efore the #O)ELE# t3o separate petitions= ;rst, to cancel Alvin
-ohn<s #o#9
!
and, second, to declare hi' as a nuisance candidate.

The said petitions 3ere doc>eted as

SPA Nos. 1&?%! (2#* and 1&?%!@ (2#*, respectivel8.
In a Resolution
@
dated -anuar8 $A, $%1&, the #O)ELE# /irst 2ivision dis'issed 1oth petitions for lac> of
'erit. On 0i,1erto<s 'otion for reconsideration,
B
the #O)ELE# En +anc, in a Resolution
A
dated April
$!, $%1&, upheld the #O)ELE# /irst 2ivision<s rulin, in SPA No. 1&?%!@ (2#* that Alvin -ohn 3as not a
nuisance candidate as de;ned under Section A
1%
of +atas Pa'1ansa +ilan, BB1, as a'ended,
other3ise >no3n as the CO'ni1us Election #ode of the PhilippinesC (OE#*.
11
4o3ever, in SPA No. 1&?
%! (2#*, it ,ranted the 'otion for reconsideration and cancelled Alvin -ohn<s #o# for havin,
co''itted false 'aterial representations concernin, his residenc8 in accordance 3ith Section @B
1$
of
the OE#.
1&
On )a8 1!, $%1&, 0i,1erto ;led a $nd )otion for Partial Reconsideration
1"
of the #O)ELE# En +anc <s
rulin, in SPA No. 1&?%!@ (2#* on the ,round of ne3l8 discovered evidence. 4e alle,ed that Alvin -ohn<s
candidac8 3as not 1ona ;de 1ecause= (a* Alvin -ohn 3as 'erel8 forced 18 his father to ;le his #o#9 (1*
he had no election paraphernalia posted in o:cial #O)ELE# postin, areas in several 1aran,a8s of
Du'aca, 5ue6on Province9 (c* he did not even vote durin, the )a8 1&, $%1& National Elections9 and
(d* his le,al representation appeared to have 1een in collusion 3ith the la38ers of An,elina.
1!
On )a8 1! and 1, $%1&, 0i,1erto ;led 3ith the #O)ELE# En +anc an EEtre'el8 Ur,ent )otion to
Ad'it Additional and Ne3l8 2iscovered Evidence and to Ur,entl8 Resolve )otion for Reconsideration
1

and an Ur,ent )anifestation and Supple'ental
1@
thereto. These 'otions, ho3ever, re'ained un?acted
upon until the ;lin, of the present petition 1efore the #ourt on )a8 $@, $%1&. Thus, in order to avoid
char,es of foru'?shoppin,, said 'otions 3ere 3ithdra3n 18 0i,1erto.
In a related develop'ent, despite the cancellation of Alvin -ohn<s #o# due to his 'aterial
'isrepresentations therein, his na'e 3as not deleted fro' F and thus, re'ained printed on F the
1allot, pro'ptin, 0i,1erto to ;le a 'otion
1B
3ith the Provincial +oard of #anvassers of 5ue6on
Province (P+O#* as>in, that the votes cast in the na'e of Alvin -ohn 1e credited to hi' instead in
accordance 3ith the #ourt<s rulin, in 2ela #ru6 v. #O)ELE#
1A
and #O)ELE# Resolution No. A!AA.
$%
The
P+O#, ho3ever, denied 0i,1erto<s 'otion in a Resolution
$1
dated )a8 1, $%1&, holdin, that the votes
of Alvin -ohn could not 1e counted in favor of 0i,1erto 1ecause the cancellation of the for'er<s #o#
3as on the 1asis of his 'aterial 'isrepresentations under Section @B of the OE# and not on 1ein, a
nuisance candidate under Section A of the sa'e la3. #onseGuentl8, the P+O# canvassed the votes of
all three contenders separatel8, and thereafter, on )a8 1, $%1&, proclai'ed An,elina as the 3innin,
candidate for the position of )e'1er of the 4ouse of Representatives for the "th 2istrict of 5ue6on
Province.
$$
Accordin, to 0i,1erto, it 3as for the fore,oin, reason that he i'pleaded An,elina as a
part8?respondent in the instant petition for certiorari.
$&
It appears, ho3ever, that 0i,1erto had alread8 ;led 3ith the #O)ELE# a Petition to Annul the
Procla'ation of An,elina (Petition to Annul* under SP# No. 1&?%1&, assertin, that had the P+O#
follo3ed pertinent rulin,s,
$"
the votes cast for Alvin -ohn 3ould have 1een counted in his favor 3hich
could have resulted in his victor8.
$!
0hile the Petition to Annul 3as still pendin, resolution, 0i,1erto
initiated the instant certiorari case a,ainst the #O)ELE# En +anc Resolution dated April $!, $%1&
declarin, Alvin -ohn not a nuisance candidate.1wphi1
On -ul8 &, $%1&, 0i,1erto ;led a )anifestation
$
infor'in, the #ourt that he had caused the ;lin, of an
Election Protest Ad #autela' entitled C 0i,1erto R. Ta.ada, -r. v. An,elina H4elen< 2. Tan, C 1efore the
4ouse of Representatives Electoral Tri1unal (4RET*, 3hich 3as doc>eted as Electoral Protest #ase No.
1&?%1B.
The O:ce of the Solicitor Deneral (OSD*, on 1ehalf of pu1lic respondent #O)ELE#, a:r'ed in its
#o''ent dated Au,ust 1B, $%1&,
$@
that an Election Protest Ad #autela' had, indeed, 1een ;led 18
0i,1erto a,ainst An,elina 1efore the 4RET, pra8in, that he 1e declared the 3inner in the $%1&
con,ressional race in the "th 2istrict of 5ue6on Province. It also alle,ed that on -une $B, $%1&, the
#O)ELE# Second 2ivision issued a Resolution annullin, the procla'ation of An,elina as )e'1er of
the 4ouse of Representatives for the "th 2istrict of 5ue6on Province. The propriet8 of this rulin, is no3
pendin, resolution 1efore the #O)ELE# En +anc.
$B
The Issues +efore the #ourt
0i,1erto assails the #O)ELE# En +anc Resolution dated April $!, $%1& declarin, that Alvin -ohn 3as
not a nuisance candidate as de;ned under Section A of the OE#. In conseGuence, he see>s that the
votes cast in favor of Alvin -ohn 1e credited to hi' and, thereafter, to 1e declared the 3innin,
candidate for the con,ressional post.
The #ourt<s Rulin,
The petition 'ust fail.
Section 1@, Article II of the 1AB@ Philippine #onstitution provides that the 4RET is the sole 7ud,e of all
contests relatin, to the election, returns, and Guali;cations of its respective 'e'1ers=
Sec. 1@. The Senate and the 4ouse of Representatives shall each have an Electoral Tri1unal 3hich shall
1e the sole 7ud,e of all contests relatin, to the election, returns, and Guali;cations of their respective
)e'1ers. Each Electoral Tri1unal, shall 1e co'posed of nine )e'1ers, three of 3ho' shall 1e -ustices
of the Supre'e #ourt to 1e desi,nated 18 the #hief -ustice, and the re'ainin, siE shall 1e )e'1ers of
the Senate or the 4ouse of Representatives, as the case 'a8 1e, 3ho shall 1e chosen on the 1asis of
proportional representation fro' the political parties and the parties or or,ani6ations re,istered under
the part8?list s8ste' represented therein. The senior -ustice in the Electoral Tri1unal shall 1e its
#hair'an. (E'phasis and underscorin, supplied*
#ase la3 states that the procla'ation of a con,ressional candidate follo3in, the election divests the
#O)ELE# of 7urisdiction over disputes relatin, to the election, returns, and Guali;cations of the
proclai'ed representative in favor of the 4RET.
$A
The phrase Celection, returns and Guali;cationsC
refers to all 'atters aJectin, the validit8 of the contestee<s title.
&%
In particular, the ter' CelectionC
refers to the conduct of the polls, includin, the listin, of voters, the holdin, of the electoral ca'pai,n,
and the castin, and countin, of the votes9 CreturnsC refers to the canvass of the returns and the
procla'ation of the 3inners, includin, Guestions concernin, the co'position of the 1oard of
canvassers and the authenticit8 of the election returns9 and CGuali;cationsC refers to 'atters that
could 1e raised in a Guo 3arranto proceedin, a,ainst the proclai'ed 3inner, such as his dislo8alt8 or
ineli,i1ilit8 or the inadeGuac8 of his #o#.
&1
In the fore,oin, li,ht, considerin, that An,elina had alread8 1een proclai'ed as )e'1er of the 4ouse
of Representatives for the "th 2istrict of 5ue6on Province on )a8 1, $%1&, as she has in fact ta>en
her oath and assu'ed o:ce past noon ti'e of -une &%, $%1&,
&$
the #ourt is no3 3ithout 7urisdiction to
resolve the case at 1ar. As the8 stand, the issues concernin, the conduct of the canvass and the
resultin, procla'ation of An,elina as herein discussed are 'atters 3hich fall under the scope of the
ter's CelectionC and CreturnsC as a1ove?stated and hence, properl8 fall under the 4RET<s sole
7urisdiction.
G.R. No. 192249 Apr! 2, 2"1#
SALIC D$MARPA, Petitioner,
vs.
COMMISSION ON ELECTIONS, Respondent.
2 E # I S I O N
PERE%, J.:
#hallen,ed in this petition for prohi1ition and 'anda'us 3ith pra8er for issuance of te'porar8
restrainin, order andKor 3rit of preli'inar8 in7unction under Rule ", in relation to Rule !, of the Rules
of #ourt is Resolution No. BA!
1
issued 18 respondent #o''ission on Elections (#O)ELE#* en 1ane
and entitled Duidelines and Procedures in the #onduct of Special Elections in So'e Areas 0here There
are /ailure of Elections durin, the #onduct of the 1% )a8 $%1% National Elections. Petitioner Salic
2u'arpa (2u'arpa* see>s to annul or declare ille,al Sections "
$
and 1$
&
of #O)ELE# Resolution No.
BA! for havin, 1een issued 3ith ,rave a1use of discretion.
2u'arpa 3as a con,ressional candidate for the 1st 2istrict of Lanao del Sur at the 1% )a8 $%1%
elections. The #O)ELE# declared a total failure of elections in seven (@* 'unicipalities, includin, the
three (&* )unicipalities of )asiu, Lu'1a +a8a1ao and Lapai, 3hich are situated in the 1st
#on,ressional 2istrict of Province of Lanao del Sur. The conduct of special elections in the seven (@*
Lanao del Sur 'unicipalities 3as ori,inall8 scheduled for $A )a8 $%1%.
On $! )a8 $%1%, #O)ELE# issued Resolution No. BA",
"
resettin, the special elections to & -une $%1%
for the follo3in, reasons=
E E E E
1. Aside fro' the reported seven (@* 'unicipalities 3here there are total failure of elections,
there are precincts in ei,ht (B* other 'unicipalities 3here there 3ere failure of elections,
na'el8=
E E E E
$. The results of elections in the said 'unicipalities 3ill aJect the elections not onl8 in the
provincial level (#on,ress'an, Iice?Dovernor and San,,unian, Panlala3i,an* 1ut also in the
'unicipal level.
&. There are 'issin, 1allots in the follo3in, precincts 'ore particularl8 in=
a. +r,8. Picotaan, Lu'1atan 3ith B$ re,istered voters.