Abayon Vs Hret

G.R. No.
189466 February 11, 2010
DARYL GRACE J. ABAYON, Petitioner,

vs.
THE HONORABLE HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL,
PERFECTO C. LUCABAN, JR., RONYL S. DE LA CRUZ and AGUSTIN C.
DOROGA, Respondents.
The Facts:
Petitioner Daryl Grace J. Abayon, representing Aangat Tayo party-list has won a
seat in the House of Representatives during the 2007 elections. Private
Respondents then filed a petition for quo warranto with respondent HRET against
Aangat Tayo and its nominee, petitioner Abayon, claiming that Aangat Tayo was not
eligible for a party-list seat in the House of Representatives, since the party-list did
not represent the marginalized and underrepresented sectors while Abayon herself
did not belong to the marginalized and underrepresented sectors, she being the wife
of an incumbent congressional district representative.
Petitioner Abayon pointed out that HRET had no jurisdiction over the petition for quo
warranto since Aangat Tayo as a party-list organization was a matter that fell within
the jurisdiction of the COMELEC. Petitioners further averred that it was Aangat Tayo
that was taking a seat in the House of Representatives, and since she was just a
nominee, all questions involving her eligibility were under the internal concerns of
Aangat Tayo.
However, HRET issued an order to dismiss the petition as against Aangat Tayo but
upheld its jurisdiction over the qualifications of petitioner Abayon. Abayon moved for
reconsideration but the HRET denied the same prompting her to file the present
petition for a special civil action of certiorari.
The Issue:
Whether or not respondent HRET has jurisdiction over the question of qualifications
of petitioners Abayon as nominees of Aangat Tayo?
The Court’s Ruling:
Aangat tayo as a party-list:
Republic Act 7941 otherwise known as the Party-List System Act has vests in the
COMELEC the authority to determine which parties or organizations have the
qualifications to seek party-list seats in the House of Representatives during the
elections. Indeed, the HRET dismissed the petitions for quo warranto filed with it
insofar as they sought the disqualifications of Aangat Tayo. Since petitioner Abayon
was not elected into office but were chosen by their respective organizations under
their internal rules, the HRET has no jurisdiction to inquire into and adjudicate their
qualifications as nominees.
Further, Section 5, Article VI of the Constitution, states that the members of the
House of Representatives are of two kinds: "members x x x who shall be elected
from legislative districts" and "those who x x x shall be elected through a party-list
system of registered national, regional, and sectoral parties or organizations." This
means that, from the Constitution’s point of view, it is the party-list representatives
who are "elected" into office, not their parties or organizations. These
representatives are elected, however, through that peculiar party-list system that the
Constitution authorized and that Congress by law established where the voters cast
their votes for the organizations or parties to which such party-list representatives
belong.
Daryl Grace J. Abayon’s eligibility as Member of the House:
Section 9 of R.A. 7941, Party-List System Act requires only that a nominee must be
a "bona fide member of the party or organization which he seeks to represent." The
right to examine the fitness of aspiring nominees and, eventually, to choose five from
among them belongs to the party or organization that nominates them.
Moreover, Section 17, Article VI of the Constitution provides that the HRET shall be
the sole judge of all contests relating to the qualifications of the members of the
House of Representatives. Since party-list nominees are "elected members" of the
House of Representatives, the HRET has jurisdiction to hear and pass upon their
qualifications.
By analogy, once the party or organization of the party-list nominee has been
proclaimed and the nominee has taken his oath and assumed office as a member of
the House of Representatives, the COMELEC’s jurisdiction over election contests
relating to his qualifications ends and the HRET’s jurisdiction begins.
The Court holds that respondent HRET did not gravely abuse its discretion when it
dismissed the petition for quo warranto against Aangat Tayo party-list but upheld its
jurisdiction over the question of the qualifications of petitioners Abayon.
WHEREFORE, the Court DISMISSES the consolidated petitions and AFFIRMS the
Order

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G.R. No.

189466 February 11, 2010

DARYL GRACE J. ABAYON, Petitioner,

The Court’s Ruling:

Aangat tayo as a party-list:

Daryl Grace J. Abayon’s eligibility as Member of the House:

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