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MILAGROS E vs. Amores

The Supreme Court ruled on a petition challenging the assumption of office of Emmanuel Joel J. Villanueva as representative of the party-list organization Citizens' Battle Against Corruption in the House of Representatives. The petitioner alleged that Villanueva assumed office without formal proclamation, was over the age limit of 30 to be nominated for the youth sector, and his change in affiliation to the overseas Filipino workers sector was less than six months before the election. The Court found that the tribunal erred in dismissing the petition as untimely and that Villanueva was not qualified to be nominated for either sector as he was over 30 years old during the election and changed affiliation less than six months before. The Court vo

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Joyce Sumagang Reyes
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68 views3 pages

MILAGROS E vs. Amores

The Supreme Court ruled on a petition challenging the assumption of office of Emmanuel Joel J. Villanueva as representative of the party-list organization Citizens' Battle Against Corruption in the House of Representatives. The petitioner alleged that Villanueva assumed office without formal proclamation, was over the age limit of 30 to be nominated for the youth sector, and his change in affiliation to the overseas Filipino workers sector was less than six months before the election. The Court found that the tribunal erred in dismissing the petition as untimely and that Villanueva was not qualified to be nominated for either sector as he was over 30 years old during the election and changed affiliation less than six months before. The Court vo

Uploaded by

Joyce Sumagang Reyes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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MILAGROS E. AMORES v. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL, GR No.

189600, 2010-
06-29
Milagros E. Amores (petitioner) challenges the Decision of May 14, 2009 and Resolution No. 09-130
of August 6, 2009 of the House of Representatives Electoral Tribunal (public respondent), which
respectively dismissed petitioner's Petition for Quo Warranto questioning the legality of the
assumption of office of Emmanuel Joel J. Villanueva (private respondent) as representative of the
party-list organization Citizens' Battle Against Corruption (CIBAC) in the House of Representatives. In
her Petition for Quo Warranto... petitioner alleged that, among other things, private respondent
assumed office without a formal proclamation issued by the Commission on Elections (COMELEC);
he was disqualified to be a nominee of the youth sector of CIBAC since, at the time of the filing of his
certificates of nomination and acceptance, he was already 31 years old or beyond the age limit of 30
pursuant to Section 9 of Republic Act (RA) No. 7941, otherwise known as the Party-List System Act;
and his change of affiliation from CIBAC's youth sector to its overseas Filipino workers and their
families sector was not effected at least six months prior to the May 14, 2007 elections so as to be
qualified to represent the new sector under Section 15 of RA No. 7941. As earlier reflected, public
respondent, by Decision of May 14, 2009, dismissed petitioner's Petition for Quo Warranto, finding
that CIBAC was among the party-list organizations which the COMELEC had partially proclaimed as
entitled to at least one seat in the House of Representatives through National Board of Canvassers
(NBC) Resolution No. 07-60 dated July 9, 2007.  It also found the petition which was filed on
October 17, 2007 to be out of time, the reglementary period being 10 days from private
respondent's proclamation.

Issues: 1) whether petitioner's Petition for Quo Warranto was dismissible for having been filed
unseasonably; and (2) whether Sections 9 and 15 of RA No. 7941 apply to private respondent.

Held: On the first issue, the Court finds that public respondent committed grave abuse of discretion
in considering petitioner's Petition for Quo Warranto filed out of time. Its counting of the 10-day
reglementary period provided in its Rules from the issuance of NBC Resolution No. 07-60 on July 9,
2007 is erroneous. Considering, however, that the records do not disclose the exact date of private
respondent's proclamation, the Court overlooks the technicality of timeliness and rules on the
merits. Alternatively, since petitioner's challenge goes into private respondent's qualifications, it
may be filed at anytime during his term. Qualifications for public office are continuing requirements
and must be possessed not only at the time of appointment or election or assumption of office but
during the officer's entire tenure.  Once any of the required qualifications is lost, his title may
be seasonably challenged. In case of a nominee of the youth sector, he must at least be twenty-five
(25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral
representative who attains the age of thirty (30) during his term shall be allowed to continue in
office until the expiration of his term a nominee who changes his sectoral affiliation within the same
party will only be eligible for nomination under the new sectoral affiliation if the change has been
effected at least six months before the elections. The Court finds that private respondent was not
qualified to be a nominee of either the youth sector or the overseas Filipino workers and their
families sector in the May, 2007 elections. The records disclose that private respondent was already
more than 30 years of age in May, 2007, it being stipulated that he was born in August, 1975.
Moreover, he did not change his sectoral affiliation at least six months before May, 2007, public
respondent itself having found that he shifted to CIBAC's overseas Filipino workers and their families
sector only on March 17, 2007. In case of a nominee of the youth sector, he must at least be twenty-
five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral
representative who attains the age of thirty (30) during his term shall be allowed to continue in
office until the expiration of his term.

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