Jalosjos V. Comelec Case Digest (G.R. No. 192474)

Jalosjos v. COMELEC Case DIgest [G.R. No.
192474]
FACTS:
While serving as Mayor of Tampilasan Zamboanga del

Norte, Petitioner, Romeo Jalosjos sought the transfer of his
voter's registration record to Precint 0051F of Barangay
Veterans Village, Zamboanga Sibugay.
Dan Erasmo filed a petition with the MCTC which rendered

judgement excluding Jalosjos from the list of voters in
question on the ground that he did not abandon his domicile
in Tampilasan and is still the incumbent mayor.
Jalosjos appealed the decision to the RTC but the MCTC

ruling was affirmed.
Through a petition for certiorari with an application for the

issuance of a writ of preliminary injunction, Jalosjos elevated
the case to the CA. His application was granted and his
name was reinstated in the voter's list pending resolution of
the petition.
Jalosjos filed his Certificate of Candidacy for the position of

Representative of the Second District of Zamboanga
Sibugay for the May 2010 national elections. This prompted
Erasmo to file a petition with the COMELEC to deny or
cancel said COC. His petition was denied by the COMELEC
for insufficiency in form and substance.
Pending Erasmo's motion for reconsideration before the

COMELEC en banc, Jalosjos won the elections and was
proclaimed representative.
Meanwhile, CA rendered in his favor judgement on the

pending petition. Erasmo filed a petition for review of the
CA's decision before the Supreme Court.
Thereafter, COMELEC en banc granted Erasmo's motion
and declared Jalosjos ineligible to seek election as
representative for not satisfying the residency
requirement because of his incumbency as mayor of
Tampilisan.
Thus, the instant petition.
ISSUE:
Whether or not the Supreme Court has jurisdiction to pass

upon the question of Jalosjos’ residency qualification
considering that he has been proclaimed winner in the
election and has assumed the discharge of that office.
RULING:
While the Constitution vests in the COMELEC the power to

decide all questions affecting elections, such power is not
without limitation. It does not extend to contests relating to
the election, returns, and qualifications of members of the
House of Representatives and the Senate. The Constitution
vests the resolution of these contests solely upon the
appropriate Electoral Tribunal of the Senate or the House of
Representatives.
The proclamation of a congressional candidate following the

election divests COMELEC of jurisdiction over disputes
relating to the election, returns, and qualifications of the
proclaimed Representative in favor of the HRET.
After Jalosjos' proclamation, the COMELEC acted without

jurisdiction when it still passed upon the issue of his
qualification and declared him ineligible for the office of
Representative of the Second District of Zamboanga
Sibugay.
On election day of 2010 the COMELEC En Banc had as yet
to resolve Erasmo’s appeal from the Second Division’s
dismissal of the disqualification case against Jalosjos. Thus,
there then existed no final judgment deleting Jalosjos’ name
from the list of candidates for the congressional seat he
sought.
The last standing official action in his case before election

day was the ruling of the COMELEC’s Second Division that
allowed his name to stay on that list. Meantime, the
COMELEC En Banc did not issue any order suspending his
proclamation pending its final resolution of his case.
With the fact of his proclamation and assumption of office,

any issue regarding his qualification for the same, like his
alleged lack of the required residence, was solely for the
HRET to consider and decide.
Consequently, the Court holds in G.R. 192474 that the

COMELEC En Banc exceeded its jurisdiction in declaring
Jalosjos ineligible for the position of representative for the
Second District of Zamboanga Sibugay, which he won in the
elections, since it had ceased to have jurisdiction over his
case. Necessarily, Erasmo’s petitions (G.R. 192704 and
G.R. 193566) questioning the validity of the registration of
Jalosjos as a voter and the COMELEC’s failure to annul his
proclamation also fail. The Court cannot usurp the power
vested by the Constitution solely on the HRET.
Court GRANTED the petition, REVERSES and SETS ASIDE

the respondent COMELEC En Banc’s order, and
REINSTATES the Commission’s Second Division resolution

Jalosjos V. Comelec Case Digest (G.R. No. 192474)

Uploaded by

Copyright:

Available Formats

Jalosjos V. Comelec Case Digest (G.R. No. 192474)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Jalosjos V. Comelec Case Digest (G.R. No. 192474)

Uploaded by

Copyright:

Available Formats

Jalosjos v. COMELEC Case DIgest [G.R. No.

While serving as Mayor of Tampilasan Zamboanga del

Dan Erasmo filed a petition with the MCTC which rendered

Jalosjos appealed the decision to the RTC but the MCTC

Through a petition for certiorari with an application for the

Jalosjos filed his Certificate of Candidacy for the position of

Pending Erasmo's motion for reconsideration before the

Meanwhile, CA rendered in his favor judgement on the

Thus, the instant petition.

Whether or not the Supreme Court has jurisdiction to pass

While the Constitution vests in the COMELEC the power to

The proclamation of a congressional candidate following the

After Jalosjos' proclamation, the COMELEC acted without

The last standing official action in his case before election

With the fact of his proclamation and assumption of office,

Consequently, the Court holds in G.R. 192474 that the

Court GRANTED the petition, REVERSES and SETS ASIDE

You might also like