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  • Bello Vs Comelec Digest

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    Debz Perez
    418 vizualizări1 pagină
    The AGPP filed documents with COMELEC to participate in the 2010 elections, nominating Mike Arroyo as their first candidate. While several petitions were filed to disqualify Arroyo, he was proclaimed as the duly elected party-list representative. Two petitions were then filed with the HRET questioning Arroyo's eligibility. The issue is whether the HRET has jurisdiction over Arroyo's qualifications now that he has assumed office. The ruling is that the HRET has jurisdiction over the qualifications of party-list nominees after their proclamation and assumption of office, as they are considered elected members of the House of Representatives at that point. Therefore, the HRET has exclusive jurisdiction to hear the

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    2. Bello vs Comelec Digest

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    The AGPP filed documents with COMELEC to participate in the 2010 elections, nominating Mike Arroyo as their first candidate. While several petitions were filed to disqualify Arroyo, he was proclaimed as the duly elected party-list representative. Two petitions were then filed with the HRET questioning Arroyo's eligibility. The issue is whether the HRET has jurisdiction over Arroyo's qualifications now that he has assumed office. The ruling is that the HRET has jurisdiction over the qualifications of party-list nominees after their proclamation and assumption of office, as they are considered elected members of the House of Representatives at that point. Therefore, the HRET has exclusive jurisdiction to hear the

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    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
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    418 vizualizări1 pagină

    Bello Vs Comelec Digest

    Încărcat de

    Debz Perez
    The AGPP filed documents with COMELEC to participate in the 2010 elections, nominating Mike Arroyo as their first candidate. While several petitions were filed to disqualify Arroyo, he was proclaimed as the duly elected party-list representative. Two petitions were then filed with the HRET questioning Arroyo's eligibility. The issue is whether the HRET has jurisdiction over Arroyo's qualifications now that he has assumed office. The ruling is that the HRET has jurisdiction over the qualifications of party-list nominees after their proclamation and assumption of office, as they are considered elected members of the House of Representatives at that point. Therefore, the HRET has exclusive jurisdiction to hear the

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 1

    Bello vs comelec

    The Factual Antecedents


    AGPP filed with the Commission on Elections (COMELEC) its Manifestation of Intent to
    Participate in the May 10, 2010 elections. Subsequently, It filed its Certificate of Nomination
    together with the Certificates of Acceptance of its nominees wherein the first nominee is Mike
    Arroyo.
    Several petitions for disqualification of Arroyo emerged but have been dismissed both by
    Comelec Second division and comelec en banc. In the interim, AGPP obtained in the May 10,
    2010 elections the required percentage of votes sufficient to secure a single seat. This entitled
    Arroyo, as AGPPs first nominee, to sit in the House of Representatives. He was proclaimed as
    AGPPs duly-elected party-list representative in the House of Representatives. On the same day,
    Arroyo took his oath of office, as AGPPs Representative. And, his name was, thereafter, entered
    in the Roll of Members of the House of Representatives.
    38

    Thereafter two (2) separate petitions for quo warranto were filed with the House of
    Representatives Electoral Tribunal (HRET) questioning Arroyos eligibility as AGPPs
    representative in the House of Representatives. The HRET took cognizance of the petitions by
    issuing a Summons directing Arroyo to file his Answer to the two petitions.
    Issue:
    whether the HRET has jurisdiction over the question of Arroyos qualifications as AGPPs
    nominee after his proclamation and assumption to office as a member of the House of
    Representatives.
    Ruling:
    The consistent judicial holding is that the HRET has jurisdiction to pass upon the qualifications of
    party-list nominees after their proclamation and assumption of office; they are, for all intents and
    purposes, "elected members" of the House of Representatives although the entity directly voted
    upon was their party. Hence, the COMELECs jurisdiction over election contests relating to his
    qualifications ends and the HRETs own jurisdiction begins.
    Since Arroyo, AGPPs first nominee, has already been proclaimed and taken his oath of office as
    a Member of the House of Representatives, Thus, following the lead of Abayon and Perez, we
    hold that the Court has no jurisdiction over the present petitions and that the HRET now has the
    exclusive original jurisdiction to hear and rule upon Arroyos qualifications as a Member of the
    House of Representatives.

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