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The Nacionalista Party filed a petition for a writ of prohibition against the Solicitor General from acting as an acting member of the Commission on Elections (COMELEC) under a designation by the President. The issues are whether the Nacionalista Party, as a political party, has standing to bring this action and if the Solicitor General's designation to act as a temporary COMELEC member is unlawful. The court found the designation to be unlawful as it violates the constitution establishing COMELEC. However, the Nacionalista Party must amend its petition to substitute the real parties in interest or show it is a juridical person with standing within 5 days, otherwise the petition will be dismissed.
The Nacionalista Party filed a petition for a writ of prohibition against the Solicitor General from acting as an acting member of the Commission on Elections (COMELEC) under a designation by the President. The issues are whether the Nacionalista Party, as a political party, has standing to bring this action and if the Solicitor General's designation to act as a temporary COMELEC member is unlawful. The court found the designation to be unlawful as it violates the constitution establishing COMELEC. However, the Nacionalista Party must amend its petition to substitute the real parties in interest or show it is a juridical person with standing within 5 days, otherwise the petition will be dismissed.
The Nacionalista Party filed a petition for a writ of prohibition against the Solicitor General from acting as an acting member of the Commission on Elections (COMELEC) under a designation by the President. The issues are whether the Nacionalista Party, as a political party, has standing to bring this action and if the Solicitor General's designation to act as a temporary COMELEC member is unlawful. The court found the designation to be unlawful as it violates the constitution establishing COMELEC. However, the Nacionalista Party must amend its petition to substitute the real parties in interest or show it is a juridical person with standing within 5 days, otherwise the petition will be dismissed.
Topic: No. only real persons and real parties-in-interest.
appointment & term/ Prohibition on reappointment In the case at bar, however, as we have found THAT THE RESPONDENT'S DESIGNATION TO ACT TEMPORARILY Petitioner Nacionalista Party alleges that it is organized A MEMBER OF THE COMMISSION ON ELECTIONS IS UNLAWFUL BECAUSE IT OFFENDS AGAINST THE and registered under the laws of the Philippines, PROVISION OF THE CONSTITUTION CREATING THE COMMISSION ON ELECTIONS, the dismissal of the petition brought this action praying that a writ of prohibition Whether or would deny and deprive the parties that are affected by such designation of a remedy and relief, because no one is entitled issue commanding the respondent Solicitor General to not petitioner, now to the office and a party who is not entitled to the office may not institute quo warrant proceedings, and the respondent desist forever from acting as acting member of the a political as Solicitor General, the only other party who may institute the proceedings, would not proceed against Commission on Elections under the designation party is himself. rendered to him by President Quirino, unless he is entitled to legally appointed as regular member of the said bring an Nacionalista action in the Commission on Elections. Party courts of It may be organized and registered as a political party in or with the Commission on Elections for the purposes of the justice. vs. Revised Election Code (Republic Act No. 180), but for the purpose of bringing an action in the courts of justice such organization and registration are not sufficient. It has to be incorporated under Act 1459 for only natural or juridical persons may be parties in a civil action, but this technical defect may be cured by allowing the substitution of the real parties in Felix Angelo interest for the petitioner. Bautista, Sol Gen, Acting The petitioner is granted five days within which to amend its petition so as to substitute the real parties in interest for it (the Commissioner of petitioner) or to show that it is a juridical person entitled to institute these proceedings. Otherwise, or if the petitioner does not Comelec amend its petition or does not show that it is a juridical entity, the petition will be dismissed. After the amendment or showing referred to shall have been made, the writ prayed for will issue.