CASE 2016-0003: WIGBERTO “TOBY” R. TANADA, JR. VS. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL ET AL (G.R. No. 217012, 01 MARCH 2016, CARPIO JUSTICE) (BRIEF TITLE: TANADA VS. HRET)

 

DISPOSITIVE:

 

“WHEREFORE, we DISMISS the petition and AFFIRM the assailed Resolutions promulgated on 25 September 2014 and 22 January 2015 by the House of Representatives Electoral Tribunal in HRET Case No. 13-018 (EP).

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

COMELEC RULES PROHIBIT FILING OF MOTION FOR RECONSIDERATION OF AN EN BANC RULING OF THE COMELEC

 

“First, Wigberto filed a prohibited pleading: a motion for reconsideration of a resolution of the COMELEC En Banc. Section 1 ( d), Rule 13 of the COMELEC Rules of Procedure specifically prohibits the filing of a “motion for reconsideration of an en banc ruling, resolution, order or decision except in election offense cases.” Consequently, the COMELEC En Banc ruling became final and executory, 8 precluding Wigberto from raising again in any other forum Alvin John’s nuisance candidacy as an issue.”

 

COMELEC EN BANC RULING BECOMES FINAL AFTER 5 DAYS

 

“Second, Wigberto filed his petition beyond the period provided by the COMELEC Rules of Procedure. The COMELEC En Banc promulgated its resolution on Alvin John’s alleged nuisance candidacy on 25 April 2013. Wigberto filed his petition in G.R. Nos. 207199-200 before this Court on 27 May 2013. By this date, the COMELEC En Bane’s resolution on Alvin John’s alleged nuisance candidacy was already final and executory. Section 3, Rule 37 of the COMELEC Rules of Procedure provides:

 

Section 3. Decisions Final After Five Days. -Decisions in preproclamation cases and petitions to deny due course to or cancel certificates of candidacy, to declare a candidate as nuisance candidate or to disqualify a candidate, and to postpone or suspend elections shall become final and executory after the lapse of five (5) days from their promulgation, unless restrained by the Supreme Court.”

 

HERET HAS NO JURISDICTION TO DETERMINE WHETHER ALVIN JOHN WAS A NUISANCE CANDIDATE BECAUSE THE COMELEC EN BANC RULING HAS ALREADY BECOME FINAL AND EXECUTORY

 

“The HRET did not commit any grave abuse of discretion in declaring that it has no jurisdiction to determine whether Alvin John was a nuisance candidate. If Wigberto timely filed a petition before this Court within the period allotted for special actions and questioned Alvin John’s nuisance candidacy, then it is proper for this Court to assume jurisdiction and rule on the matter. As things stand, the COMELEC En Bane’s ruling on Alvin John’s nuisance candidacy had long become final and executory.”

 

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SCD-2016-0003-TANADA

 

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