Morrero v. Bocar

G.R. No.
L-45352 October 31, 1938
GERARDO MORRERO, Petitioner, vs. JUAN L. BOCAR and THE

AUDITOR GENERAL, Respondents.
Vicente del Rosario for petitioner.

Norberto Romualdez for respondent Bocar.
Undersecretary of Justice Melencio and Solicitor-General Tuason for
respondent Auditor general.
ABAD SANTOS, J.: chanrobles vi rtua l law lib ra ry
Petitioner Gerardo Merrero and respondent Juan L. Bocar were

candidates for membership of the national assembly from the third
district of the Province of Samar. As a result of the canvass of votes
cast in the election, the provincial board of canvassers proclaimed
the election of respondent Bocar with a total of 5,213 votes as
against 4,350 vote cast for the petitioner Morrero. Bocar took the
oath of office on November 15, 1935. Shortly, Thereafter, Morrero
filed with the Electoral Commission a protest alleging, among other
things:
That the protestee, Juan L. Bocar, was born sometimes in May,

1906, and consequently, he was not thirty years of age or over as
required by Article VI, section 2, of the Constitution of the
Philippines at the time of his election as Member of the national
assembly; nor will he have attained the age required by the said
Constitution at the beginning of his term of office, upon the
issuance of the proclamation by the President of the united States,
announcing the results of the election, which will be made to
coincide with the inauguration of the commonwealth of the
Philippines on November 15, 1935; and that he was, therefore,
ineligible for election and to assume office as Member of the
National Assembly.
Morrero prayed "that this Honorable Electoral Commission declares

the protestee, Juan L. Bocar, ineligible for the office of Member of
the National Assembly and his election to said office null and void;
and that the herein protestant, Gerardo Morrero, be declared the
duly elected Member of the national Assembly, giving him such
other remedy as may be deemed just and equitable in the
premises." After due hearing, the Electoral Commission dismissed
the protest. chanroblesvi rtua lawlib rary cha nro bles vi rtua l law lib ra ry
The real object of the present petition is to have this court review
the decision of the Electoral commission and "issue an order
prohibiting the respondent Auditor general from passing in audit or
authorizing in any way the disbursement of funds of the national
Assembly as emoluments for the respondent, Juan L. Bocar, and
declaring that the latter is without right to continue holding the
office of member of the National Assembly from the 3rd district of
Samar." chanrobles v irt ual law li bra ry
Section 4 of Article VI of the Constitution provides that chanroble s virtual law lib rary
". . . The Electoral Commission shall be the sole judge of all contests
relating to the election, returns, and qualifications of the Members
of the National Assembly." The language of this provisions is clear.
It vests in the Electoral Commission exclusive jurisdiction to pass
upon the qualifications of a member of the national Assembly. The
judgment rendered by the commission in the exercise of such an
acknowledged power is beyond judicial interference, except, in any
event, "upon a clear showing of such arbitrary and improvident use
of the power as will constitute a denial of due process of law."
(Barry vs. United States ex rel. Cunningham, 279 U. S., 597; 73
Law. ed., 867, Angara vs. Electoral Commission, 35 Off. Gaz., 23.)
virtua l law lib rary
chanrobles
The decision involved in this proceeding was rendered by the

Electoral Commission after due hearing. It held "that Juan L. Bocar
was, under the Constitution, elected Member of the National
Assembly for the third district of Samar." This decision is final and
beyond the authority of this court to review. chan roble svirtualawl ibra ry chan roble s virtual law lib rary
The petition in this case is dismissed with costs, So ordered. chan roblesv irtualawl ibra ry chan roble s virtual law l ibra ry
Avanceña, C.J., Diaz, Concepcion, Horrilleno and Moran, JJ., concur.

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G.R. No.

L-45352 October 31, 1938

GERARDO MORRERO, Petitioner, vs. JUAN L. BOCAR and THE

Vicente del Rosario for petitioner.

ABAD SANTOS, J.: chanrobles vi rtua l law lib ra ry

Petitioner Gerardo Merrero and respondent Juan L. Bocar were

That the protestee, Juan L. Bocar, was born sometimes in May,

Morrero prayed "that this Honorable Electoral Commission declares

The decision involved in this proceeding was rendered by the

Avanceña, C.J., Diaz, Concepcion, Horrilleno and Moran, JJ., concur.

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