Lokin V COMELEC

EN BANC
LOKIN JR. VS COMELEC (GR NO. 179431-32)

GR No. 179431-32, June 22, 2010
BERSAMIN, J.:
Facts:
The Citizen’s Battle Against Corruption (CIBAC) was one of the organized groups duly registered under the
partylist system of representation that manifested their intention to participate in the May 14, 2007
synchronized national and local elections. Together with its manifestation of intent to participate, CIBAC,
through its President Emmanuel Joel J. Villanueva, submitted a list of 5 nominees from which its representatives
would be chosen should CIBAC obtain the required number of qualifying votes. The nominees in order that their
names appeared in the certificate of nomination dated March 29, 2007, were: 1.) Emmanuel Joel J. Villanueva;
2.) herein petitioner Luis K. Lokin Jr.; 3.) Cinchora C. Cruz-Gonzales; 4.) Sherwin Tugma; and 5.) Emil L. Galang.
The nominees certificate of acceptance were attached to the certificate of nomination filed by CIBAC. The list of
nominees was later published in two newspaper of general circulation. Prior to elections, however, CIBAC still
through Villanueva filed a certificate of nomination, substitution and amendment of the list of nominees dated
May 7, 2007, hereby it withdrew the nominations of Lokin, Tugma and Galang and substituted Armi Jane R.
Borje as one of the nominees.
Issues:
1. Whether or not the substitution is valid?
2. Whether or not Section 13 of Resolution No. 7804 is unconstitutional and violates the Party-List
System Act?
Held:
(1) No. The legislative power of the government is vested exclusively in accordance with the doctrine
of separation of power. As a general rule, the legislative cannot surrender or abdicate its legislative
power for doing so will be unconstitutional. Although the power to make laws cannot be delegated by
the legislative to any other authority, a power that is not legislative in character may be delegated.
Under certain circumstances, the legislature can delegate to executive officers and administrative
boards the authority to adopt and promulgate IRRs. To render such delegation lawful, the legislature
must declare the policy of the law and fix the legal principles that are to control in given cases. The
legislature should set a definite or primary standard to guide those empowered to execute the law. For
as long as the policy is laid down and a proper standard is established by statute, there can be no
unconstitutional delegation of legislative power when the legislature leaves to selected instrumentalities
the duty of making subordinate rules within the prescribed limits, although there is conferred upon the
executive officer or administrative board a large measure of discretion. There is a distinction between
the delegation of power to make a law and the conferment of an authority or a discretion to be
exercised under and in pursuance of the law, for the power to make laws necessarily involves a
discretion as to what it shall be.
To be valid, therefore, the administrative IRRs must comply with the following requisites to be valid: Its
promulgation must be authorized by the legislature; It must be within the scope of the authority given by
the legislature; It must be promulgated in accordance with the prescribed procedure;
(2) Section 13 of Resolution No. 7804 states:
Section 13. Substitution of nominees. – A party-list nominee may be substituted only when he dies,
or his nomination is withdrawn by the party, or he becomes incapacitated to continue as such,
or he withdraws his acceptance to a nomination. In any of these cases, the name of the substitute
nominee shall be placed last in the list of nominees. No substitution shall be allowed by reason of
withdrawal after the polls. The insertion of the new ground, “or his nomination is withdrawn by the
party’, was invalid. An axiom in administrative law postulates that administrative authorities should not
act arbitrarily and capriciously in the issuance of their IRRs, but must ensure that their IRRs are
reasonable and fairly adapted to secure the end in view. If the IRRs are shown to bear no reasonable
relation to the purposes for which they were authorized to be issued, they must be held to be invalid
and should be struck down.
The COMELEC, despite the role as implementing arm of the government in the enforcement and
administration of all laws and regulations relative to the conduct of an election, has neither the authority
nor the license to expand, extend, or add anything to the law it seeks to implement. The IRRs the
COMELEC issues for that purpose should always accord with the law to be implemented, and should
not be override, supplant or modify the law. It is basic that the IRRs should remain consistent with the
law they intend to carry out.
Accordingly, SC annulled and set aside:
(a) The resolution dated September 14, 2007 issued in E. M. No. 07-054 approving Citizens’
Battle Against Corruption’s withdrawal of the nominations of Luis K. Lokin, Jr., Sherwin N.
Tugna, and Emil Galang as its second, third, and fourth nominees, respectively, and ordering
their substitution by Cinchona C. Cruz-Gonzales as second nominee and Armi Jane R. Borje as
third nominee; and
(b) The proclamation by the Commission on Elections of Cinchona C. Cruz-Gonzales as a

Party-List Representative representing Citizens’ Battle Against Corruption in the House of
Representatives.
The Court ordered the Commission on Elections to forthwith proclaim petitioner Luis K. Lokin, Jr. as a
Party-List Representative representing Citizens’ Battle Against Corruption in the House of
Representatives.

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EN BANC

LOKIN JR. VS COMELEC (GR NO. 179431-32)

Accordingly, SC annulled and set aside:

(b) The proclamation by the Commission on Elections of Cinchona C. Cruz-Gonzales as a

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