Republic of the Philippines On October 10, 2012, Wigberto filed before the COMELEC two

SUPREME COURT separate petitions: first, to cancel Alvin John’s CoC;5and,

Manila second, to declare him as a nuisance candidate.6 The said
petitions were docketed as SPA Nos. 13-056 (DC) and 13-057
EN BANC (DC), respectively.

G.R. Nos. 207199-200 October 22, 2013 In a Resolution7 dated January 29, 2013, the COMELEC First
Division dismissed both petitions for lack of merit. On Wigberto’s
WIGBERTO R. TAÑADA, JR. Petitioner, motion for reconsideration,8 the COMELEC En Banc, in a
vs. Resolution9 dated April 25, 2013, upheld the COMELEC First
COMMISSION ON ELECTIONS ANGELINA D. TAN, AND Division’s ruling in SPA No. 13-057 (DC) that Alvin John was not
ALVIN JOHN S. TAÑADA, Respondents. a nuisance candidate as defined under Section 6910 of Batas
Pambansa Bilang 881, as amended, otherwise known as the
"Omnibus Election Code of the Philippines" (OEC).11 However,
RESOLUTION
in SPA No. 13-056 (DC), it granted the motion for
reconsideration and cancelled Alvin John’s CoC for having
PERLAS-BERNABE, J.: committed false material representations concerning his
residency in accordance with Section 7812 of the OEC.13
Assailed in this petition for certiorari1 under Rule 65 in relation to
Rule 64 of the Rules of Court is the Resolution2dated April 25, On May 15, 2013, Wigberto filed a 2nd Motion for Partial
2013 of the Commission on Elections (COMELEC) En Banc Reconsideration14 of the COMELEC En Banc ’s ruling in SPA
declaring respondent Alvin John S. Tañada not a nuisance No. 13-057 (DC) on the ground of newly discovered evidence.
candidate. He alleged that Alvin John’s candidacy was not bona fide
because: (a) Alvin John was merely forced by his father to file
The Facts his CoC; (b) he had no election paraphernalia posted in official
COMELEC posting areas in several barangays of Gumaca,
Petitioner Wigberto R. Tañada, Jr., (Wigberto) and respondents Quezon Province; (c) he did not even vote during the May 13,
Angelina D. Tan (Angelina) and Alvin John S. Tañada (Alvin 2013 National Elections; and (d) his legal representation
John) were contenders for the position of Member of the House appeared to have been in collusion with the lawyers of
of Representatives for the 4th District of Quezon Province in the Angelina.15
just concluded May 13, 2013 National Elections.3 Wigberto ran
under the banner of the Liberal Party; Alvin John was the official On May 15 and 16, 2013, Wigberto filed with the COMELEC En
congressional candidate of Lapiang Manggagawa; while Banc an Extremely Urgent Motion to Admit Additional and
Angelina was fielded by the National People’s Coalition.4 Newly Discovered Evidence and to Urgently Resolve Motion for
Reconsideration16 and an Urgent Manifestation and
Supplemental17 thereto. These motions, however, remained un- against the COMELEC En Banc Resolution dated April 25, 2013
acted upon until the filing of the present petition before the declaring Alvin John not a nuisance candidate. 1âw phi 1

Court on May 27, 2013. Thus, in order to avoid charges of

forum-shopping, said motions were withdrawn by Wigberto. On July 3, 2013, Wigberto filed a Manifestation26 informing the
Court that he had caused the filing of an Election Protest Ad
In a related development, despite the cancellation of Alvin Cautelam entitled " Wigberto R. Tañada, Jr. v. Angelina ‘Helen’
John’s CoC due to his material misrepresentations therein, his D. Tan, " before the House of Representatives Electoral
name was not deleted from – and thus, remained printed on – Tribunal (HRET), which was docketed as Electoral Protest Case
the ballot, prompting Wigberto to file a motion18 with the No. 13-018.
Provincial Board of Canvassers of Quezon Province (PBOC)
asking that the votes cast in the name of Alvin John be credited The Office of the Solicitor General (OSG), on behalf of public
to him instead in accordance with the Court’s ruling in Dela Cruz respondent COMELEC, affirmed in its Comment dated August
v. COMELEC19and COMELEC Resolution No. 9599.20 The 18, 2013,27 that an Election Protest Ad Cautelam had, indeed,
PBOC, however, denied Wigberto’s motion in a been filed by Wigberto against Angelina before the HRET,
Resolution21 dated May 16, 2013, holding that the votes of Alvin praying that he be declared the winner in the 2013
John could not be counted in favor of Wigberto because the congressional race in the 4th District of Quezon Province. It also
cancellation of the former’s CoC was on the basis of his alleged that on June 28, 2013, the COMELEC Second Division
material misrepresentations under Section 78 of the OEC and issued a Resolution annulling the proclamation of Angelina as
not on being a nuisance candidate under Section 69 of the Member of the House of Representatives for the 4th District of
same law. Consequently, the PBOC canvassed the votes of all Quezon Province. The propriety of this ruling is now pending
three contenders separately, and thereafter, on May 16, 2013, resolution before the COMELEC En Banc.28
proclaimed Angelina as the winning candidate for the position of
Member of the House of Representatives for the 4th District of The Issues Before the Court
Quezon Province.22According to Wigberto, it was for the
foregoing reason that he impleaded Angelina as a party-
Wigberto assails the COMELEC En Banc Resolution dated April
respondent in the instant petition for certiorari.23
25, 2013 declaring that Alvin John was not a nuisance
candidate as defined under Section 69 of the OEC. In
It appears, however, that Wigberto had already filed with the consequence, he seeks that the votes cast in favor of Alvin
COMELEC a Petition to Annul the Proclamation of Angelina John be credited to him and, thereafter, to be declared the
(Petition to Annul) under SPC No. 13-013, asserting that had winning candidate for the congressional post.
the PBOC followed pertinent rulings,24 the votes cast for Alvin
John would have been counted in his favor which could have
The Court’s Ruling
resulted in his victory.25 While the Petition to Annul was still
pending resolution, Wigberto initiated the instant certiorari case
The petition must fail.
Section 17, Article VI of the 1987 Philippine Constitution In the foregoing light, considering that Angelina had already
provides that the HRET is the sole judge of all contests relating been proclaimed as Member of the House of Representatives
to the election, returns, and qualifications of its respective for the 4th District of Quezon Province on May 16, 2013, as she
members: has in fact taken her oath and assumed office past noon time of
June 30, 2013,32 the Court is now without jurisdiction to resolve
Sec. 17. The Senate and the House of Representatives shall the case at bar. As they stand, the issues concerning the
each have an Electoral Tribunal which shall be the sole judge of conduct of the canvass and the resulting proclamation of
all contests relating to the election, returns, and qualifications of Angelina as herein discussed are matters which fall under the
their respective Members. Each Electoral Tribunal, shall be scope of the terms "election" and "returns" as above-stated and
composed of nine Members, three of whom shall be Justices of hence, properly fall under the HRET’s sole jurisdiction.
the Supreme Court to be designated by the Chief Justice, and
the remaining six shall be Members of the Senate or the House WHEREFORE, the petition is DISMISSED.
of Representatives, as the case may be, who shall be chosen
on the basis of proportional representation from the political SO ORDERED.
parties and the parties or organizations registered under the
party-list system represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman. (Emphasis and
underscoring supplied)

Case law states that the proclamation of a congressional

candidate following the election divests the COMELEC of
jurisdiction over disputes relating to the election, returns, and
qualifications of the proclaimed representative in favor of the
HRET.29 The phrase "election, returns and qualifications" refers
to all matters affecting the validity of the contestee’s title.30 In
particular, the term "election" refers to the conduct of the polls,
including the listing of voters, the holding of the electoral
campaign, and the casting and counting of the votes; "returns"
refers to the canvass of the returns and the proclamation of the
winners, including questions concerning the composition of the
board of canvassers and the authenticity of the election returns;
and "qualifications" refers to matters that could be raised in a
quo warranto proceeding against the proclaimed winner, such
as his disloyalty or ineligibility or the inadequacy of his CoC.31
 Republic of the Philippines On October 10, 2012, Wigberto filed before the COMELEC two
SUPREME COURT separate petitions: first, to cancel Alvin John’s CoC;5and,
Manila second, to declare him as a nuisance candidate.6 The said
petitions were docketed as SPA Nos. 13-056 (DC) and 13-057
EN BANC (DC), respectively.

G.R. Nos. 207199-200 October 22, 2013 In a Resolution7 dated January 29, 2013, the COMELEC First
Division dismissed both petitions for lack of merit. On Wigberto’s
WIGBERTO R. TAÑADA, JR. Petitioner, motion for reconsideration,8 the COMELEC En Banc, in a
vs. Resolution9 dated April 25, 2013, upheld the COMELEC First
COMMISSION ON ELECTIONS ANGELINA D. TAN, AND Division’s ruling in SPA No. 13-057 (DC) that Alvin John was not
ALVIN JOHN S. TAÑADA, Respondents. a nuisance candidate as defined under Section 6910 of Batas
Pambansa Bilang 881, as amended, otherwise known as the
"Omnibus Election Code of the Philippines" (OEC).11 However,
RESOLUTION
in SPA No. 13-056 (DC), it granted the motion for
reconsideration and cancelled Alvin John’s CoC for having
PERLAS-BERNABE, J.: committed false material representations concerning his
residency in accordance with Section 7812 of the OEC.13
Assailed in this petition for certiorari1 under Rule 65 in relation to
Rule 64 of the Rules of Court is the Resolution2dated April 25, On May 15, 2013, Wigberto filed a 2nd Motion for Partial
2013 of the Commission on Elections (COMELEC) En Banc Reconsideration14 of the COMELEC En Banc ’s ruling in SPA
declaring respondent Alvin John S. Tañada not a nuisance No. 13-057 (DC) on the ground of newly discovered evidence.
candidate. He alleged that Alvin John’s candidacy was not bona fide
because: (a) Alvin John was merely forced by his father to file
The Facts his CoC; (b) he had no election paraphernalia posted in official
COMELEC posting areas in several barangays of Gumaca,
Petitioner Wigberto R. Tañada, Jr., (Wigberto) and respondents Quezon Province; (c) he did not even vote during the May 13,
Angelina D. Tan (Angelina) and Alvin John S. Tañada (Alvin 2013 National Elections; and (d) his legal representation
John) were contenders for the position of Member of the House appeared to have been in collusion with the lawyers of
of Representatives for the 4th District of Quezon Province in the Angelina.15
just concluded May 13, 2013 National Elections.3 Wigberto ran
under the banner of the Liberal Party; Alvin John was the official On May 15 and 16, 2013, Wigberto filed with the COMELEC En
congressional candidate of Lapiang Manggagawa; while Banc an Extremely Urgent Motion to Admit Additional and
Angelina was fielded by the National People’s Coalition.4 Newly Discovered Evidence and to Urgently Resolve Motion for
Reconsideration16 and an Urgent Manifestation and
Supplemental17 thereto. These motions, however, remained un- against the COMELEC En Banc Resolution dated April 25, 2013
acted upon until the filing of the present petition before the declaring Alvin John not a nuisance candidate. 1âw phi 1

Court on May 27, 2013. Thus, in order to avoid charges of

forum-shopping, said motions were withdrawn by Wigberto. On July 3, 2013, Wigberto filed a Manifestation26 informing the
Court that he had caused the filing of an Election Protest Ad
In a related development, despite the cancellation of Alvin Cautelam entitled " Wigberto R. Tañada, Jr. v. Angelina ‘Helen’
John’s CoC due to his material misrepresentations therein, his D. Tan, " before the House of Representatives Electoral
name was not deleted from – and thus, remained printed on – Tribunal (HRET), which was docketed as Electoral Protest Case
the ballot, prompting Wigberto to file a motion18 with the No. 13-018.
Provincial Board of Canvassers of Quezon Province (PBOC)
asking that the votes cast in the name of Alvin John be credited The Office of the Solicitor General (OSG), on behalf of public
to him instead in accordance with the Court’s ruling in Dela Cruz respondent COMELEC, affirmed in its Comment dated August
v. COMELEC19and COMELEC Resolution No. 9599.20 The 18, 2013,27 that an Election Protest Ad Cautelam had, indeed,
PBOC, however, denied Wigberto’s motion in a been filed by Wigberto against Angelina before the HRET,
Resolution21 dated May 16, 2013, holding that the votes of Alvin praying that he be declared the winner in the 2013
John could not be counted in favor of Wigberto because the congressional race in the 4th District of Quezon Province. It also
cancellation of the former’s CoC was on the basis of his alleged that on June 28, 2013, the COMELEC Second Division
material misrepresentations under Section 78 of the OEC and issued a Resolution annulling the proclamation of Angelina as
not on being a nuisance candidate under Section 69 of the Member of the House of Representatives for the 4th District of
same law. Consequently, the PBOC canvassed the votes of all Quezon Province. The propriety of this ruling is now pending
three contenders separately, and thereafter, on May 16, 2013, resolution before the COMELEC En Banc.28
proclaimed Angelina as the winning candidate for the position of
Member of the House of Representatives for the 4th District of The Issues Before the Court
Quezon Province.22According to Wigberto, it was for the
foregoing reason that he impleaded Angelina as a party-
Wigberto assails the COMELEC En Banc Resolution dated April
respondent in the instant petition for certiorari.23
25, 2013 declaring that Alvin John was not a nuisance
candidate as defined under Section 69 of the OEC. In
It appears, however, that Wigberto had already filed with the consequence, he seeks that the votes cast in favor of Alvin
COMELEC a Petition to Annul the Proclamation of Angelina John be credited to him and, thereafter, to be declared the
(Petition to Annul) under SPC No. 13-013, asserting that had winning candidate for the congressional post.
the PBOC followed pertinent rulings,24 the votes cast for Alvin
John would have been counted in his favor which could have
resulted in his victory.25 While the Petition to Annul was still
pending resolution, Wigberto initiated the instant certiorari case
 The Court’s Ruling and "qualifications" refers to matters that could be raised in a
quo warranto proceeding against the proclaimed winner, such
The petition must fail. as his disloyalty or ineligibility or the inadequacy of his CoC.31

Section 17, Article VI of the 1987 Philippine Constitution In the foregoing light, considering that Angelina had already
provides that the HRET is the sole judge of all contests relating been proclaimed as Member of the House of Representatives
to the election, returns, and qualifications of its respective for the 4th District of Quezon Province on May 16, 2013, as she
members: has in fact taken her oath and assumed office past noon time of
June 30, 2013,32 the Court is now without jurisdiction to resolve
Sec. 17. The Senate and the House of Representatives shall the case at bar. As they stand, the issues concerning the
each have an Electoral Tribunal which shall be the sole judge of conduct of the canvass and the resulting proclamation of
all contests relating to the election, returns, and qualifications of Angelina as herein discussed are matters which fall under the
their respective Members. Each Electoral Tribunal, shall be scope of the terms "election" and "returns" as above-stated and
composed of nine Members, three of whom shall be Justices of hence, properly fall under the HRET’s sole jurisdiction.
the Supreme Court to be designated by the Chief Justice, and
the remaining six shall be Members of the Senate or the House WHEREFORE, the petition is DISMISSED.
of Representatives, as the case may be, who shall be chosen
on the basis of proportional representation from the political SO ORDERED.
parties and the parties or organizations registered under the
party-list system represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman. (Emphasis and
underscoring supplied)

Case law states that the proclamation of a congressional

candidate following the election divests the COMELEC of
jurisdiction over disputes relating to the election, returns, and
qualifications of the proclaimed representative in favor of the
HRET.29 The phrase "election, returns and qualifications" refers
to all matters affecting the validity of the contestee’s title.30 In
particular, the term "election" refers to the conduct of the polls,
including the listing of voters, the holding of the electoral
campaign, and the casting and counting of the votes; "returns"
refers to the canvass of the returns and the proclamation of the
winners, including questions concerning the composition of the
board of canvassers and the authenticity of the election returns;