Roces v HRET

Roces v. HRET Petitioner: Miles Roces Respondent: House of Representatives Electoral Tribunal Topic: Electoral Tribunals Summary: The Court ruled that HRET has jurisdiction to review a COMELEC resolution/order and/or declare it null and void and that it did not commit grave abuse of discretion when it ruled that private respondent is a proper part to !le an election protest" Facts: #etitioner Miles Roces and former Cong" Harr $ng #ing !led COCs for the position of Representative for the % rd &istrict of Manila in the Ma '(() elections $lejandro *ome+ ,registered voter of Manila- . uestioned $ng #ing0s candidac on the ground that he was not a natural1born citi+en $ng #ing !led a withdrawal of COC and a motion to cancel the scheduled promulgation and dismiss petition" 2t was sought that Mrs" $ng #ing be a substitute for him" COMELEC Resolution 1 *rant *rant petition petition to den den due due cours course e to his COC and and not not count count his votes 1 &enied &enied moti motion on to to dismi dismiss ss of of $ng $ng #ing" #ing" He !led !led a motio motion n for for Reconsideration COMELEC Resolution 1 &ecl &eclar arin ing g moot moot the the a3d a3dav avit it of of with withdr draw awal al 1 &enin &ening g due due cours course e to to Mrs Mrs"" $ng $ng #ing0 #ing0s s COC COC 1 &elete &elete $ng #ing0 #ing0s s name name from from list list of cand candida idates tes 4pouses !led a petition for certiorari with the Court" ELECT2O5 &$6 1 Manila Manila Cit Cit 7oar 7oard d of Canvasser Canvassers s resolv resolved ed not not to canvass canvass the votes votes for spouses $ng #ing 1 #roc #rocla laim imed ed Roc Roces es as as win winn ner 4pouses !led petition to annul the proclamation" &enied" Mrs" $ng #ing !led an Election #rotest $d Cautelam with the HRET Court dismissed the case ,certiorari- in view of pending HRET protest p rotest Roces !led a motion to dismiss protest8 assailing the personalit of Mrs" $ng #ing" &enied" Hence8 this petition for certiorari" •

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Issues 9" :o5 HRET has has jurisdiction jurisdiction to review a COMELEC resolution/or resolution/order der and/or declare it void or set it aside   6E4 HRET . sole judge of all contests relating to the election8 returns and uali!cations of the members of HOR o HRET merel e;ercised its e;clusive jurisdiction when it ruled that Mrs" $ng #ing was a proper part to contest election of Roces •

 To support his motion8 Roces odeemed promulgated? when it was !led with the cler@ of court" COMELEC en banc usurped the jurisdiction of the =irst &ivision when it issued Resolution 5o" AB'%" 5owhere in the law is it provided that COMELEC en banc has the power to assume jurisdiction over a petition pending before a &ivision" Mrs" $ng #ing0s motion for reconsideration and appeals did not cure whatever defects occurred at COMELEC" $ccording the alderama case8 it is reuired that the aggrieved part be given an opportunit to be heard8 which respondent was denied of" Therefore8 the resolutions are void" •

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