G.R. Nos. 206844-45, July 23, 2013 - COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. [SENIOR CITIZENS PARTY-LIST], REPRESENTED HEREIN BY ITS CHAIRPERSON AND FIRST NOMINEE, FRANCISCO G. DATOL, JR., Petitioner, v. COMMISSION ON ELECTIONS, Respondent.; G. R. NO. 206982 - COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. (SENIOR CITIZENS), REPRESENTED BY ITS PRESIDENT AND INCUMBENT REPRESENTATIVE IN THE HOUSE OF REPRESENTATIVES, ATTY. GODOFREDO V. ARQUIZA, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.
EN BANC
G.R. Nos. 206844-45, July 23, 2013
COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. [SENIOR CITIZENS PARTY-LIST], REPRESENTED HEREIN BY ITS CHAIRPERSON AND FIRST NOMINEE, FRANCISCO G. DATOL, JR., Petitioner, v. COMMISSION ON ELECTIONS, Respondent.
[G. R. NO. 206982]
COALITION OF ASSOCIATIONS OF SENIOR CITIZENS IN THE PHILIPPINES, INC. (SENIOR CITIZENS), REPRESENTED BY ITS PRESIDENT AND INCUMBENT REPRESENTATIVE IN THE HOUSE OF REPRESENTATIVES, ATTY. GODOFREDO V. ARQUIZA, Petitioner, v. COMMISSION ON ELECTIONS, Respondent.
D E C I S I O N
LEONARDO-DE CASTRO, J.:
IRREVOCABLE COVENANTKNOW ALL MEN BY THESE PRESENT
We, in representation of our respective personal capacity, hereby covenant and agree as follows:cralavvonlinelawlibraryARTICLE I
PARTIES AND PERSONSxxxx
- ATTY. GODOFREDO V. ARQIDZA, oflegal age, married, Filipino, and residing at 1881 C.M. Recto Avenue, Sampaloc, Manila, and representing the Senior Citizens Party-list in my capacity as President with our General Headquarters at Room 404 West Trade Center, 132 West Avenue, hereinafter referred to as the FIRST PARTY;chanroblesvirtualawlibrary
- ATTY. DAVID L. KHO, of legal age, married, Filipino, and residing at 35 Quezon Avenue, Quezon City, hereinafter referred to as the SECOND PARTY;chanroblesvirtualawlibrary
- FRANCISCO G. DATOL, JR., of legal age, married, Filipino, and residing at North Olympus Blk., 3, Lot 15 Ph4 Grieg St., Novaliches, Quezon City, hereinafter referred to as the THIRD PARTY;chanroblesvirtualawlibrary
- REMEDIOS D. ARQUIZA, of legal age, married, Filipino, and residing at 1881 C.M. Recto Avenue, Sampaloc, Manila, hereinafter referred to as the FOURTH PARTY;chanroblesvirtualawlibrary
- LINDA GADDI DAVID, of legal age, married, Filipino, and residing at 150 Don Francisco, St. Francis Vii., San Fernando, Pampanga City (sic) hereinafter referred to as the FIFTH PARTY;
ARTICLE III
THE LIST OF CANDIDATES
We agree that official candidates of the SENIOR CITIZENS PARTY-LIST and in the following order shall be:cralavvonlinelawlibrary
Name CTC No. Issued at Issued on l. Godofredo V. Arquiza S.C.I.D.#2615256 Manila 04-02-04 2. David L. Kho 16836192 Quezon City 03-15-09 3. Francisco G. Datal, Jr. 27633197 Quezon City 02-10-10 4. Remedios D. Arquiza S.C.I.D.#50696 Quezon City 01-02-07 5. Linda Gaddi David CCI2009 12306699 Pampanga 01-04-10ARTICLE IV
SHARING OF POWER
The Nominees agreed and pledged on their legal and personal honor and interest as well as the legal privileges and rights of the respective party-list offices, under the following circumstances and events:cralavvonlinelawlibrary
ELECTION RESULTS
Where only ONE (1) candidate qualifies and is proclaimed, then No. 1 shall assume the Office of Party-list Representative in CONGRESS from July 1, 2010 to June 30, 2012 and shall relinquish his seat in Congress by the proper and legal acts and No. 2 shall assume said seat from July 1, 2012 to June 30, 2013;chanroblesvirtualawlibrary
In the event TWO (2) candidates qualify and are proclaimed, then, No. 1 shall serve for three (3) years, and No. 2 and No. 3 will each serve for one-and-a-half years.
In the event THREE (3) candidates qualify and are proclaimed, then No. 1 shall serve for three years; No. 2 will serve for two (2) years and afterwards shall relinquish the second seat to No.4 nominee, who will then serve for one (1) year; No. 3 will occupy the third seat for two (2) years and afterwards shall relinquish said seat on the third year to Nominee 5, who will serve for the remaining one (1) year.
In Fine:cralavvonlinelawlibrary
If only one (1) seat is won If three (3) seats are won: No. 1 nominee = 2 years No. 1 nominee 3 years No. 2 nominee = 1 year No. 2 nominee 2 years No.3 nominee= 2 years If two (2) seats are won No.4 nominee= 1 year No. 1 nominee= 3 years No.5 nominee= 1 year No.2 nominee 1 1/2 years No.3 nominee= 1 1/2 years All beginning July 1, 2010SHARING OF RIGHTS
BENEFITS AND PRIVILEGES
That serving incumbent Congress Representative in the event one or more is elected and qualified shall observe proper sharing of certain benefits by virtue of his position as such, to include among others, appointment of persons in his office, projects which may redound to the benefits and privileges that may be possible under the law.
The above mentioned parties shall oversee the implementation of this COVENANT.
IN WITNESS WHEREOF, the parties hereto have set their hands this [MAY 05 2010] in [QUEZON CITY].
(Signed) chanroblesvirtualawlibrary (Signed) chanroblesvirtualawlibrary Godofredo V. Arquiza
S.C.LD. #2615256 Iss. at Manila
on 04-02-04 David L. Kho
CTC#16836192 Iss. at
Quezon City on 03-15-09 (Signed) chanroblesvirtualawlibrary (Signed) Francisco G. Datol, Jr.
CTC#16836192 Iss. at
Quezon City on 03-15-09 Remedios D. Arquiza
S.C.I.D.#50696 Iss. at
Quezon City on 01-02-07 (Signed) chanroblesvirtualawlibrary Linda Gaddi David
CTC#CCI2009 12306699 Iss. at
San Fernando, Pampanga on 01-04-109
THE HONORABLE SPEAKER
House of Representatives
Congress
Republic of the Philippines
Quezon City
Sir:cralavvonlinelawlibrary
I am hereby tendering my irrevocable resignation as Representative of the Senior Citizens Party-list in the House of Representatives, effective December 31, 2011 in the event that only two (2) seats are won by our party-list group; and will resign on June 30, 2012 in case three seats are won.
As a consequence thereof, the Coalition of Associations of Senior Citizens in the Philippines, Inc. shall nominate my successor pursuant to law and Rules on the matter.
Please accept my esteem and respect.
Truly yours,
(Signed)
Rep. David L. Kho
Party-list Congressman
Copy furnished:cralavvonlinelawlibrary
The Board of Trustees
Coalition of Associations of Senior Citizens in the Philippines, Inc.16
December 31, 2011
COALITION OF ASSOCIATIONS OF
SENIOR CITIZENS IN THE PHILS., INC.
Rm. 405, 4th Floor, WTC Building
132 West Avenue, Quezon City
Gentlemen/Ladies:cralavvonlinelawlibrary
It is with deepest regret that I inform this esteemed organization of my decision to resign as the party-list nominee for the House of Representatives this 15th Congress for personal reason already conveyed to you.
Thank you for the opportunity to serve the Senior Citizens of our dear country.Very truly yours,
(Signed)
DAVID L. KHO17
SEC. 7. Term sharing of nominees. Filing of vacancy as a result of term sharing agreement among nominees of winning party-list groups/organizations shall not be allowed.
BOARD RESOLUTION NO. 003-2012
Series of 2012
A RESOLUTION RECALLING THE ACCEPTANCE OF THE BOARD IN RESOLUTION NO. 11-0012 OF THE RESIGNATION OF CONGRESSMAN DAVID L. KHO AND ALLOWING HIM TO CONTINUE REPRESENTING THE SENIOR CITIZENS PARTY-LIST IN THE HOUSE OF REPRESENTATIVES, ALLOWING HIM TO CONTINUE HIS TERM AND IMPOSING CERTAIN CONDITIONS ON HIM TO BE PERFORMED WITH THE COALITION;chanroblesvirtualawlibrary
WHEREAS, the second nominee, Congressman David L. Kho, tendered his resignation as representative of the Senior Citizens Party-list effective December 31, 2011, x x x;chanroblesvirtualawlibrary
WHEREAS, the said resignation was accepted by the Board of Trustees in a resolution signed unanimously, in view of the nature of his resignation, and in view of his determination to resign and return to private life, x x x;chanroblesvirtualawlibrary
WHEREAS, after much deliberation and consultation, the said nominee changed his mind and requested the Board of Trustees to reconsider the acceptance, for he also reconsidered his resignation, and requested to continue his term;chanroblesvirtualawlibrary
WHEREAS, in consideration of all factors affecting the party-list and in view of the forthcoming elections, the Board opted to reconsider the acceptance, recall the same, and allow Cong. David L. Kho to continue his term;chanroblesvirtualawlibrary
WHEREAS, the Coalition, in recalling the acceptance of the Board, is however imposing certain conditions on Cong. Kho to be performed;chanroblesvirtualawlibrary
NOW THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED to recall the acceptance of the resignation of Congressman David L. Kho in view of his request and change of mind, hence allow him to continue his term subject to conditions stated above.19
First, resignation of Kho, pursuant to the party nominees' term-sharing agreement, cannot be recognized and be given effect so as to create a vacancy in the list and change the order of the nominees.
Under Section 8 of Republic Act No. 7941, the withdrawal in writing of the nominee of his nomination is one of the three (3) exemptions to the rule that "[n]o change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC. " While we can consider the resignation of Rep. Kho as akin to the withdrawal of his own nomination, we are constrained however NOT to recognize such resignation but only in so far as to change the order of petitioner's nominees as submitted to the Commission.
xxxx
Considering that it is an admitted fact that the resignation of Rep. Kho was made by virtue of a prior agreement of the parties, we resolve and hereby rule that we cannot recognize such arrangement and accordingly we cannot approve the movement in the order of nominees for being contrary to public policy. The term of office of public officials cannot be made subject to any agreement of private parties. Public office is not a commodity that can be shared, apportioned or be made subject of any private agreement. Public office is vested with public interest that should not be reined by individual interest
In fact, to formalize the policy of disallowing term sharing agreements among party list nominees, the Commission recently promulgated Resolution No. 9366, which provides:cralavvonlinelawlibrary"SEC. 7. Term sharing of nominees. - Filing of vacancy as a result of term sharing agreement among nominees of winning party-list groups/organizations shall not be allowed."Considering all these, we find the term sharing agreement by the nominees of the Senior Citizen's Party-List null and void. Any action committed by the parties in pursuit of such term-sharing arrangement including the resignation of Congressman David Kho--cannot be recognized and be given effect. Thus, in so far as this Commission is concerned, no vacancy was created by the resignation of Rep. Kho and there can be no change in the list and order of nominees of the petitioner party-list.
Second, the expulsion of Datol - even if proven true- has no effect in the list and in the order of nominees, thus Remedios Arquiza (the fourth nominee) cannot be elevated as the third nominee.
xxxx
It must be noted that the list and order of nominees, after submission to this Commission, is meant to be permanent. The legislature in crafting Republic Act No. 7941 clearly deprived the party-list organization of the right to change its nominees or to alter the order of nominees once the list is submitted to the COMELEC, except for three (3) enumerated instances such as when: (a) the nominee dies; (b) the nominee withdraws in writing his nomination; or (c) the nominee becomes incapacitated.
xxxx
Thus, even if the expulsion of Datol in the petitioner party-list were true, the list and order of nominees of the Senior Citizen's party-list remains the same in so far as we are concerned as it does not fall under one of the three grounds mentioned above. Neither does it have an automatic effect on the organization's representative in the House of Representatives, for once a party-list nominee is "elected" into office and becomes a member of the House, he is treated similarly and equally with the regular district representatives. As such, they can only be expelled or suspended upon the concurrence of the two-thirds of all its Members and never by mere expulsion of a party-list organization.
xxxx
WHEREFORE, there being no vacancy in the list of nominees of the petitioner organization, the instant petition is hereby DISMISSED for lack of merit. The list and order of nominees of petitioner hereby remains the same as it was submitted to us there being no legally recognizable ground to cause any changes thereat.24 (Citation omitted.)
It shall be recalled that on June 27, 2012, this Commission promulgated its resolution in a petition that involved SENIOR CITIZENS titled "In Re: Petition for Confirmation of Replacement of Resigned Party List Nominee" and docketed as EM No. 12-040. In the process of resolving the issues of said case, this Commission found that SENIOR CITIZENS nominees specifically nominees David L. K.ho and Francisco G. Datol, Jr. have entered into a term-:sharing agreement. x x x.
Nominee David K.ho's term as party-list congressman is three (3) years which starts on June 30, 2010 and to end on June 30, 2013 as directed no less than by the Constitution of the Philippines. Section 7, Article VI of the 1987 Constitution states:cralavvonlinelawlibrary"Sec. 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election."
But following the term-sharing agreement entered into by SENIOR CITIZENS, David Kho's term starts on June 30, 2010 and ends on December 31, 2011, the date of effectivity of Kho's resignation. By virtue of the term-sharing agreement, the term of Kho as member of the House of Representatives is cut short to one year and six months which is merely half of [the] three-year term. This is totally opposed to the prescription of the Constitution on the term of a Member of the House of Representatives. Hence, when confronted with this issue on term sharing done by SENIOR CITIZENS, this Commission made a categorical pronouncement that such term-sharing agreement must be rejected.
x x x x
From the foregoing, SENIOR CITIZENS failed to comply with Section 7, Article VI of the 1987 Constitution and Section 7, Rule 4 of Comelec Resolution No. 9366. This failure is a ground for cancellation of registration under Section 6 of Republic Act No. 7941 which states:cralavvonlinelawlibrary"Section 6. [Refusal] and/or Cancellation of Registration.- The COMELEC may, motu proprio or upon verified [complaint] of any interested party, [refuse] or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:cralavvonlinelawlibrary
xxxx
(5) It violates or fails to comply with laws, rules or regulations relating to elections;chanroblesvirtualawlibrary
xxxx
WHEREFORE, premises considered, the Commission RESOLVED, as it hereby RESOLVES, to CANCEL the registration of Coalition of Associations of Senior Citizens in the Philippines (SENIOR CITIZENS) under the Party-List System of Representation.
Guided by these six new parameters [enunciated by the Court in Atong Paglaum, Inc. v. Commission on Elections], as well as the provisions of the Constitution, Republic Act No. 7941 ("R.A. No. 7941") or the Party-List System Act, and other pertinent election laws, and after a careful and exhaustive reevaluation of the documents submitted by the petitioners per their compliance with Resolution No. 9513 ("Res. No. 9513"), the Commission En Banc RESOLVES as follows:cralavvonlinelawlibrary
I. SPP Nos. 12-157 (PLM) & 12-191 (PLM)- SENIOR CITIZENS
To DENY the Manifestations of Intent to Participate, and to CANCEL the registration and accreditation, of petitioner Senior Citizens, for violating laws, rules, and regulations relating to elections pursuant to Section 6 (5) of R.A. No. 7941.
The Commission En Banc finds no cogent reason to reverse its earlier finding in the Resolution for SPP Nos. 12-157 (PLM) & 12-191 (PLM) promulgated on 04 December 2012, in relation to the Resolution for E.M. No. 12-040 promulgated on 27 June 2012. The sole ground for which the petitioner Senior Citizens was disqualified was because of the term-sharing agreement between its nominees, which the Commission En Banc found to be contrary to public policy. It will be noted that this ground is independent of the six parameters in Atong Paglaum, and there is nothing in the doctrine enunciated in that case which will absolve the petitioner Senior Citizen of what, to the Commission En Banc, is a clear bastardization of the term of office fixed by Section 7, Article VI of the Constitution as implemented by Section 14 of R.A. No. 7941, which expressly provides that Members of the House of Representatives, including party-list representatives, shall be elected for a term of three years. A term, in the legal sense, is a fixed and definite period of time during which an officer may claim to hold office as a matter of right, a fixed interval after which the several incumbents succeed one another. Thus, service of the term is for the entire period; it cannot be broken down to accommodate those who are not entitled to hold the office.
That the term-sharing agreement was made in 2010, while the expression of the policy prohibiting it was promulgated only in 2012 via Section 7, Rule 4 of Resolution No. 9366 ("Res. No. 9366"), is of no moment. As it was in 2010 as it is now, as it was in 1987 when the Constitution was ratified and as it was in 1995 when R.A. No. 7941 was enacted into law, the agreement was and is contrary to public policy because it subjects a Constitutionally-ordained fixed term to hold public elective office to contractual bargaining and negotiation, and treats the same as though it were nothing more than a contractual clause, an object in the ordinary course of the commerce of men. To accept this defense will not only open the floodgates to unscrupulous individuals, but more importantly it will render inutile Section 16 of R.A. No. 7941 which prescribes the procedure to be taken to fill a vacancy in the available seats for a party-list group or organization. For this mistake, the petitioner Senior Citizens cannot hide behind the veil of corporate fiction because the corporate veil can be pierced if necessary to achieve the ends of justice or equity, such as when it is used to defeat public convenience, justify wrong, or protect fraud. It further cannot invoke the prohibition in the enactment of ex post facto laws under Section 22, Article III of the Constitution because the guarantee only the retrospectivity of penal laws and definitely, Reso. No. 9366 is not penal in character.
From the foregoing, the cancellation of the registration and accreditation of the petitioner Senior Citizens is therefore in order, and consequently, the two Manifestations of Intent to Participate filed with the Commission should be denied.
xxxx
WHEREFORE, the Commission En Banc RESOLVES:cralavvonlinelawlibrary
A. To DENY the Manifestations of Intent to Participate, and CANCEL the registration and accreditation, of the following parties, groups, or organizations:cralavvonlinelawlibrary
(1) SPP No. 12-157 (PLM) & SPP No. 12-191 (PLM) - Coalition of Associations of Senior Citizens in the Philippines, Inc.;
xxxx
Accordingly, the foregoing shall be REMOVED from the registry of party-list groups and organizations of the Commission, and shall NOT BE ALLOWED to PARTICIPATE as a candidate for the Party-List System of Representation for the 13 May 2013 Elections and subsequent elections thereafter.30 (Citations omitted.)
IV. STATEMENT OF THE ISSUES 4.1
WHETHER OR NOT RESPONDENT COMELEC COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT ADDED ANOTHER GROUND (VIOLATION OF PUBLIC POLICY) FOR CANCELLATION OF REGISTRATION OF A PARTY-LIST GROUP AS PROVIDED UNDER SECTION 6, REPUBLIC ACT NO. 7941.4.2
WHETHER OR NOT RESPONDENT COMELEC COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT CANCELLED PETITIONER'S CERTIFICATE OF REGISTRATION/ACCREDITATION WITHOUT DUE PROCESS OF LAW.4.3
WHETHER OR NOT RESPONDENT COMELEC COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT CONCLUDED THAT PETITIONER VIOLATED PUBLIC POLICY ON TERM SHARING.4.4
WHETHER OR NOT RESPONDENT COMELEC COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT ORDERED THE AUTOMATIC REVIEW BY THE EN BANC OF THE REGISTRATION/ACCREDITATION GRANTED BY ITS DIVISION, NOTWITHSTANDING THE CONSTITUTIONAL PROVISION THAT THE EN BANC CAN ONLY REVIEW DECISIONS OF THE DIVISION UPON FILING OF A MOTION FOR RECONSIDERATION.44 (Citation omitted.)
4.1. Whether or not COMELEC EN BANC RESOLUTION of MAY 10, q2013 is invalid for being contrary to law and having been issued without or in excess of jurisdiction or in grave abuse of discretion amounting to lack of jurisdiction?
(1) The Comelec En Banc Resolution of May 10, 2013 was issued pursuant to the directive of the Supreme Court in Atong Paglaum. Therefore, the SUBSIDIARY ISSUES arising therefrom are:cralavvonlinelawlibrary
- Are there guidelines prescribed in Atong Paglaum to be followed by respondent Comelec in determining which party list groups are qualified to participate in party-list elections?
- If there are these guidelines to be followed, were these adhered to [by] respondent Comelec?
(2) Is the ground -- the Term-Sharing Agreement between Senior Citizens nominees -- a legal ground to cancel Senior Citizens' Certificate of Registration?
4.2. Whether or not COMELEC EN BANC RESOLUTION of MAY 24, 2013 is invalid for being contrary to law and having been issued without or in excess of jurisdiction or in grave abuse of discretion amounting to lack of jurisqiction?
(1) The SUBSIDIARY ISSUES are:cralavvonlinelawlibrary
a. Is the factual basis thereof valid?
b. Has the Comelec En Banc Resolution of May 20, 2013, in fact, become final and executory?
4.3. Whether or not NATIONAL BOARD of CANVASSERS' (NBOC) RESOLUTION No. 0006-13 of MAY 24, 2013 is invalid for being contrary to law and having been issued without or in excess of jurisdiction or grave abuse of discretion amounting to lack of jurisdiction?
(1) The SUBSIDIARY ISSUES are:cralavvonlinelawlibrary
a. Is the factual basis thereof valid?
b. Is the total of the party-list votes cast which was made as the basis thereof correct?
c. Has the Justice Carpio Formula prescribed m Banal vs. Comelec been followed?
4.4. Whether or not NBOC RESOLUTION No. 0008-13 of MAY 28, 2013 is invalid for being contrary to law and having been issued without or in excess of jurisdiction or in grave abuse of discretion amounting to lack of jurisdiction?
(1) The SUBSIDIARY ISSUES are identical with those of Issue No.
4.3, namely:cralavvonlinelawlibrary
a. Is the factual basis thereof valid?
b. Is the total of the party-list votes cast which was made as the basis thereof correct?
c. Has the Justice Carpio Formula prescribed in Banat vs. Comelec been followed?
4.5. What is the cardinal rule in interpreting laws/rules on qualifications and disqualifications of the candidates after the election where they have received the winning number of votes?
4.6. May the COMELEC En Banc Resolutions of May 10 and 24, 2013 and NBOC Resolutions of May 24 and 28, 2013 be annulled and set aside?45
SEC. 6. Refusal and/or Cancellation of Registration. - The COMELEC may, motu proprio or upon verified complaint of any interested party, refuse or cancel, after due notice and hearing, the registration of any national, regional or sectoral party, organization or coalition on any of the following grounds:cralavvonlinelawlibrary
(1) It is a religious sect or denomination, organization or association organized for religious purposes;chanroblesvirtualawlibrary
(2) It advocates violence or unlawful means to seek its goal; (3) It is a foreign party or organization;chanroblesvirtualawlibrary
(4) It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;chanroblesvirtualawlibrary
(5) It violates or fails to comply with laws, rules or regulations relating to elections;chanroblesvirtualawlibrary
(6) It declares untruthful statements in its petition;chanroblesvirtualawlibrary
(7) It has ceased to exist for at least one (1) year; or
(8) It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.
The appropriate due process standards that apply to the COMELEC, as an administrative or quasi-judicial tribunal, are those outlined in the seminal case of Ang Tibay v. Court of Industrial Relations, quoted below:cralavvonlinelawlibrary
(1) The first of these rights is the right to a hearing, which includes the right of the party interested or affected to present his own case and submit evidence in support thereof. x x x.
(2) Not only must the party be given an opportunity to present his case and to adduce evidence tending to establish the rights which he asserts but the tribunal must consider the evidence presented.
(3) While the duty to deliberate does not impose the obligation to decide right, it does imply a necessity which cannot be disregarded, namely, that of having something to support its decision. A decision with absolutely nothing to support it is a nullity, a place when directly attached.
(4) Not only must there be some evidence to support a finding or conclusion, but the evidence must be "substantial." "Substantial evidence is more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion."
(5) The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected.
(6) The Court of Industrial Relations or any of its judges, therefore, must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision.
(7) The Court of Industrial Relations should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decisions rendered. The performance of this duty is inseparable from the authority conferred upon it.
These are now commonly referred to as cardinal primary rights tn administrative proceedings.
The first of the enumerated rights pertain to the substantive rights of a party at hearing stage of the proceedings. The essence of this aspect of due process, we have consistently held, is simply the opportunity to be heard, or as applied to administrative proceedings, an opportunity to explain one's side or an opportunity to seek a reconsideration of the action or ruling complained of. A formal or trial-type hearing is not at all times and in all instances essential; in the case of COMELEC, Rule 17 of its Rules of Procedure defines the requirements for a hearing and these serve as the standards in the determination of the presence or denial of due process.
The second, third, fourth, fifth, and sixth aspects of the Ang Tibay requirements are reinforcements of the right to a hearing and are the inviolable rights applicable at the deliberative stage, as the decision maker decides on the evidence presented during the hearing. These standards set forth the guiding considerations in deliberating on the case and are the material and substantial components of decision-making. Briefly, the tribunal must consider the totality of the evidence presented which must all be found in the records of the case (i.e., those presented or submitted by the parties); the conclusion, reached by the decision-maker himself and not by a subordinate, must be based on substantial evidence.
Finally, the last requirement, relating to the form and substance of the decision of a quasi-judicial body, further complements the hearing and decision-making due process rights and is similar in substance to the constitutional requirement that a decision of a court must state distinctly the facts and the law upon which it is based. As a component of the rule of fairness that underlies due process, this is the "duty to give reason" to enable the affected person to understand how the rule of fairness has been administered in his case, to expose the reason to public scrutiny and criticism, and to ensure that the decision will be thought through by the decision-maker. (Emphases ours, citations omitted.)
It is a well-entrenched principle that statutes, including administrative rules and regulations, operate prospectively unless the legislative intent to the contrary is manifest by express terms or by necessary implication because the retroactive application of a law usually divests rights that have already become vested. This is based on the Latin maxim: Lex prospicit non respicit (the law looks forward, not backward). (Citations omitted.)
Endnotes:
1Rollo (G.R. Nos. 206844-45), pp. 3-47.cralawlibrary
2Rollo (G.R. No. 206982), pp. 3-23.cralawlibrary
3 Rule 64 of the Rules of Court provides for the Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the Commission on Audit.cralawlibrary
4 Rule 65 of the Rules of Court deals with the special civil actions of Certiorari, Prohibition and Mandamus.cralawlibrary
5Rollo (G.R. Nos. 206844-45), pp. 48-60.cralawlibrary
6Rollo (G.R. No. 206982), pp. 38-43.cralawlibrary
7 Id. at 6.cralawlibrary
8 G.R. No. 179271, April 21, 2009, 586 SCRA 210.cralawlibrary
9Rollo (G.R. Nos. 206844-45), pp. 70-72.cralawlibrary
10 Id. at 10.cralawlibrary
11 Id. at 61. See COMELEC Resolution dated December 4, 2012.cralawlibrary
12 Id. at 204. The letter dated December 8, 2011 was quoted in the Excerpt from the Minutes of the Regular En Banc Meeting of the Commission on Elections held on February 21, 2012, which was part of the annexes attached to the Datol Group's petition.cralawlibrary
13 Id. at 205. The petition dated December 14, 2011 was partly quoted in the Excerpt from the Minutes of the Regular En Banc Meeting of the Commission on Elections held on February 21, 2012, which was part of the annexes attached to the Datol Group's petition.cralawlibrary
14 Id.cralawlibrary
15 The letter itself was undated, but on its face, the same was notarized on May 14, 2010.cralawlibrary
16Rollo (G.R. Nos. 206844-45), p. 76.cralawlibrary
17 Id. at 109.cralawlibrary
18 COMELEC Resolution No. 9366 is entitled "Rules and Regulations Governing the I) Filing of Petitions for Registration; 2) Filing of Manifestation of Intent to Participate; 3) Submission of Names of Nominees; and 4) Filing of Disqualification Cases Against Nominees of Party-List Groups or Organizations Participating under the Party-List System of Representation in Connection with the May 13, 2013 National and Local Elections, and Subsequent Elections Thereafter." ; (visited July II, 2013).cralawlibrary
19Rollo (G.R. Nos. 206844-45), p. 591.cralawlibrary
20 Id. at 118-122; TSN, April 18,2012, pp. 9-13.cralawlibrary
21 Id. at 124; id. at 15.cralawlibrary
22 Id. at 136-138, 161-162; id. at27-29, 52-53.cralawlibrary
23 Id. at 183-188; penned by COMELEC Chairman Sixto S. Brillantes, Jr.cralawlibrary
24 Id. at 184-188.cralawlibrary
25 Id. at 189-200.cralawlibrary
26 The Datol Group filed its Manifestation on May 9, 2012 (Rollo [G.R. Nos. 206844-45], pp. 310-321) while the Arquiza Group filed its Manifestation on May 28,2012 (Rollo [G.R. No. 206982], pp. 44-57).cralawlibrary
27 COMELEC Resolution No. 9513 is entitled "In the Matter of: (1) the Automatic Review by the Commission En Banc of Pending Petitions for Registration of Party-List Groups; and (2) Setting for Hearing the Accredited Party-List Groups Or Organizations which are Existing and which have filed Manifestations of Intent to Participate in the 2013 National and Local Elections." The relevant portions of the fallo thereof states:cralavvonlinelawlibrary
NOW THEREFORE, in view of the foregoing, the Commission on Elections, virtue of the powers vested in it by the Constitution, the Omnibus Election Code, and Republic Act No. 7941 or the "Party-List System Act", hereby RESOLVES to promulgate the following:cralavvonlinelawlibrary
xxxx
2. To set for summary evidentiary hearings by the Commission En Bane, for purposes of determining their continuing compliance with the requirements of R.A. No. 7941 and the guidelines in the Ang Bagong Bayani case, and, if non-compliant, cancel the registration of the following:cralavvonlinelawlibrary
(a) Party-list groups or organizations which are already registered and accredited and will participate in the May 13, 2013 Elections, provided that the Commission En Banc has not passed upon the grant of their respective Petitions for Registration; and
(b) Party-list groups or organizations which are existing and retained in the list of Registered Party-List Parties per Resolution No. 9412, promulgated on 27 April 2012, and which have filed their respective Manifestations of Intent to Participate in the Part-List System of Representation in the May 13, 2013 Elections.
Let the Clerk of the Commission implement this Resolution.
The Education and Information Department of the Commission shall cause the publication of this Resolution in two (2) daily newspapers of general circulation.
SO ORDERED. ; (visited July 11, 2013).cralawlibrary
28Rollo (G.R. Nos. 206844-45), p. 13; rollo (G.R. No. 206982), p. 10.cralawlibrary
29 Id. at 61-69.cralawlibrary
30 Id. at 51-59.cralawlibrary
31 Id. at 322-329.cralawlibrary
32Rollo (G.R. No. 206982), pp. 150-153.cralawlibrary
33 Id. at 154-155.cralawlibrary
34 Id. at 1 09-131.cralawlibrary
35Rollo (G.R. Nos. 206844-45), pp. 580-582.cralawlibrary
36 Id. at 351-353.cralawlibrary
37 Id. at 330-344.cralawlibrary
38 Id. at 354-356.cralawlibrary
39 Id. at 371-406.cralawlibrary
40 Id. at 441-442.cralawlibrary
41 Id. at 443-458.cralawlibrary
42 Id. at 492-527, 528-574.cralawlibrary
43 Id. at 631-636.cralawlibrary
44 Id. at 499-500.cralawlibrary
45Rollo (G.R. No. 206982), pp. 544-546.cralawlibrary
46 Republic Act No. 7941 is entitled "An Act Providing for the Election of Party-List Representatives Through the Party-List System, and Appropriating Funds Therefor."
47 G.R. No. 188308, October 15,2009, 603 SCRA 692, 712-714.cralawlibrary
48Rollo (G.R. Nos. 206844-45), pp. 371-406.cralawlibrary
49 In the Comment of the COMELEC, the date of the hearing was erroneously stated as August 18, 2012.cralawlibrary
50 516 Phil. 176, 188 (2006).cralawlibrary
51 555 Phil. 263, 272 (2007).cralawlibrary
52 433 Phil. 620, 637 (2002).