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Amores V HRET

The Supreme Court ruled that Emmanuel Joel Villanueva was ineligible to hold office as the representative of CIBAC in the House of Representatives. The petition argued that Villanueva was over 30 years old at the time of filing for nomination, exceeding the 25-30 age limit for representatives of the youth sector as defined in RA 7941. It also argued that Villanueva's change in affiliation from the youth sector to OFWs was not made six months before the election as required. The Supreme Court upheld both arguments and found Villanueva ineligible for the position.

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3K views1 page

Amores V HRET

The Supreme Court ruled that Emmanuel Joel Villanueva was ineligible to hold office as the representative of CIBAC in the House of Representatives. The petition argued that Villanueva was over 30 years old at the time of filing for nomination, exceeding the 25-30 age limit for representatives of the youth sector as defined in RA 7941. It also argued that Villanueva's change in affiliation from the youth sector to OFWs was not made six months before the election as required. The Supreme Court upheld both arguments and found Villanueva ineligible for the position.

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red_pirate01
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© Attribution Non-Commercial (BY-NC)
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Party-list Representatives: AMORES v HRET GR 189600, 6/29/2010 SUMMARY: Petition to declare Villanueva as ineligible to hold office as representative of CIBAC

for being overage to represent youth. Change of affiliation must be made six months before elections. Youth sector is represented by 25 30. FACTS: 5/14/2009: Petition for certiorari challenging the assumption of office of one Emmanuel Joel Villanueva as representative of CIBAC in the HoR. Petitioner argues: o Villanueva was 31 at the time of filing of nomination, beyond the age limit of 30 which was the limit imposed by RA 7941 for "youth sector". o Villanueva's change of affiliation from Youth Sector to OFW and families not affected six months prior to elections. Respondent argues: o RA 7941 requirement for "age" for youth sector representative only applicable to first three elections after the party list act. o There was no resultant change in affiliation.

ISSUE: Whether the requirement for youth sector representatives apply to respondent Villanueva RULING: Villauneva ineligible to hold office as a member of HoR representing CIBAC HELD: Villanueva's arguments are invalid. The law is clear. If representative of youth sector, should be between 25 to 30. Villanueva is ineligible to also represent OFW. Sectoral representation should be changed SIX MONTHS prior to elections.

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