Wigberto Tanada vs.

HRET
G.R. No. 217012, 21 March 2016
CARPIO, J
Doctrine:
Under the COMELEC RULES, The EN BANC RULING of COMELEC becomes final
after 5 days from their promulgation. it also prohibits the filing of motion of
reconsideration of an EN BANC RULING of the COMELEC.
The Supreme Court no longer has jurisdiction over questions involving the
elections, returns and qualifications of candidates who have already
assumed their office as members of House of Representatives. Issues
concerning the conduct of the canvass and the resulting proclamation of
candidates are matters which fall under the scope of the terms election
and returns and hence, properly fall under the HRETs sole jurisdiction
Facts:
On October 10, 2012, Wigberto filed before the COMELEC two separate
petitions: first, to cancel Alvin Johns Certificate of candidacy and, second, to
declare him as a nuisance candidate. The said petitions were docketed as
SPA Nos. 13-056 (DC) and 13-057 (DC), respectively. They were both
candidates for the position of Congress Representative. A COMELEC division
denied both his petitions, but on reconsideration, the COMELEC en banc on
April 13, 2013 granted to cancel the COC of Alvin John for false
representations. The petition to declare him as nuisance candidate however
was denied. Wigberto again sought reconsideration of the denial of his
petition on the basis of a newly discovered evidence. Comes election day
and the name of Alvin John remained in the ballots, which after Angelica Tan
was the winning candidate, and Wigberto only second.
Wigberto filed before the Provincial Board of Canvassers of Quezon Province
PBOC a petition to correct manifest mistakes concerning the cancelled
candidacy of Alvin John and a motion to consolidate Alvin Johns votes with
the votes he garnered. The PBOC denied the motion to consolidate the votes
because Alvin John was not a nuisance candidate. PBOC then proclaimed
Angelica as the winner.
On May 21, 2013, Wigberto filed a supplemental petition before the
COMELEC to annul the proclamation of Tan, which was granted and affirmed
by the COMELEC en banc. However, Angelica had by then taken her oath
and assumed office past noon time of June 30, 2013, thereby rendering the
adverse resolution on her proclamation moot.
On May 27, 2013, before the SC, Wigberto filed a certiorari assailing the April
25, 2013 COMELEC en bancs ruling declaring Alvin John not a nuisance
candidate and an election protest claiming that fraud has been perpetrated.

The SC, noting that the proclaimed candidate has already assumed office,
dismissed the election protest and directed Wigberto to file the protest
before the proper tribunal which is the HRET. The certiorari was also
dismissed for being filed beyond the 5-day reglementary period.
Before the HRET, the election protest was dismissed for being insufficient in
form and substance and for lack of jurisdiction over John Alvin who was not a
member of the House of Representatives.
Issues
1: Whether or not the votes for Alvin John should be credited in favor of
Wigberto as a result of the cancellation of Alvin Johns candidacy
2: Whether or not the filing of a motion for reconsideration of the COMELEC
en bancs ruling is proper
3: Whether or not Wigbertos petition for certiorari of the COMELEC en
bancs ruling was timely
4: Whether or not the SC has jurisdiction to resolve issues on the conduct of
canvassing after the proclamation of a winning candidate
5: Whether or not the HRET has jurisdiction over the election protest filed by
Wigberto regarding the cancelled candidacy of John Alvin
Held
1. No, The HRET did not commit any grave abuse of discretion in declaring
that it has no jurisdiction to determine whether Alvin John was a nuisance
candidate. If Wigberto timely filed a petition before this Court within the
period allotted for special actions and questioned Alvin John's nuisance
candidacy, then it is proper for this Court to assume jurisdiction and rule on
the matter. As things stand, the COMELEC En Banc's ruling on Alvin John's
nuisance candidacy had long become final and executory.
To our mind, it appears that Wigberto's petition challenging Alvin John's
nuisance candidacy filed before the HRET, and now before this Court, is a
mere afterthought. It was only after Angelina was proclaimed a winner that
Wigberto renewed his zeal in pursuing Alvin John's alleged nuisance
candidacy. It is not enough for Wigberto to have Alvin John's COC cancelled,
because the effect of such cancellation only leads to stray votes.9 Alvin John
must also be declared a nuisance candidate, because only then will Alvin
John's votes be credited to Wigberto
2. No, the motion for reconsideration is a prohibited pleading. Rule 13 Sec
1(d) of the COMELEC Rules of Procedure specifically prohibits the filing of a
motion for reconsideration of an en banc ruling, resolution, order or decision
except in election offense cases. Consequently, when a COMELEC en banc
ruling become final and executory, it precludes a party from raising again in
any other forum the nuisance candidacy as an issue.

3. No, Wigberto filed his petition beyond the period provided by the
COMELEC Rules of Procedure. The COMELEC En Banc promulgated its
resolution on Alvin John's alleged nuisance candidacy on 25 April 2013.
Wigberto filed his petition in G.R. Nos. 207199-200 before this Court on 27
May 2013. By this date, the COMELEC En Banc's resolution on Alvin John's
alleged nuisance candidacy was already final and executory
4. No. The SC no longer has jurisdiction over questions involving the
elections, returns and qualifications of candidates who have already
assumed their office as members of House of Representatives. Issues
concerning the conduct of the canvass and the resulting proclamation of
candidates are matters which fall under the scope of the terms election
and returns and hence, properly fall under the HRETs sole jurisdiction.
5.No. Article VI, Sec 17 of the 1987 Constitution and Rule 15 of the 2011
HRET Rules declare that HRETs power to judge election contests is limited to
Members of the House of Representatives. Alvin John is not a Member of the
House of Representatives.