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    Wigberto Tanada Vs HRET

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    anna
    The HRET dismissed Wigberto Tanada's election protest for lack of jurisdiction. Wigberto filed petitions to cancel his opponent Alvin John Tanada's certificate of candidacy (COC) due to false representations. The COMELEC cancelled Alvin's COC but he remained on the ballots. Wigberto lost the election and filed protests, which were dismissed because Alvin was not a member of the House of Representatives. The HRET ruled it had no jurisdiction over candidates who were not members of the House like Alvin.

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    Wigberto Tanada Vs HRET

    Uploaded by

    anna
    102 views1 page
    The HRET dismissed Wigberto Tanada's election protest for lack of jurisdiction. Wigberto filed petitions to cancel his opponent Alvin John Tanada's certificate of candidacy (COC) due to false representations. The COMELEC cancelled Alvin's COC but he remained on the ballots. Wigberto lost the election and filed protests, which were dismissed because Alvin was not a member of the House of Representatives. The HRET ruled it had no jurisdiction over candidates who were not members of the House like Alvin.

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    Wigberto Tanada vs HRET

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    Wigberto Tanada vs HRET

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    The HRET dismissed Wigberto Tanada's election protest for lack of jurisdiction. Wigberto filed petitions to cancel his opponent Alvin John Tanada's certificate of candidacy (COC) due to false representations. The COMELEC cancelled Alvin's COC but he remained on the ballots. Wigberto lost the election and filed protests, which were dismissed because Alvin was not a member of the House of Representatives. The HRET ruled it had no jurisdiction over candidates who were not members of the House like Alvin.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    102 views1 page

    Wigberto Tanada Vs HRET

    Uploaded by

    anna
    The HRET dismissed Wigberto Tanada's election protest for lack of jurisdiction. Wigberto filed petitions to cancel his opponent Alvin John Tanada's certificate of candidacy (COC) due to false representations. The COMELEC cancelled Alvin's COC but he remained on the ballots. Wigberto lost the election and filed protests, which were dismissed because Alvin was not a member of the House of Representatives. The HRET ruled it had no jurisdiction over candidates who were not members of the House like Alvin.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    HRET has No Jurisdiction over Disqualification Issues Involving a Non-Member Candidate

    (Wigberto Tanada vs HRET, 2016)

    Facts:

    Wigberto Tanada filed twin petitions before the COMELEC to cancel the COC of Alvin John Tanada for
    false representations and to declare him as a nuisance candidate.  They were both candidates for the
    position of Congress Representative.  A COMELEC division denied both his petitions, but on
    reconsideration, the COMELEC en banc on April 13, 2013 granted to cancel the COC of Alvin John for
    false representations.  The petition to declare him as nuisance candidate however was denied.  Wigberto
    again sought reconsideration of the denial of his petition on the basis of a newly discovered evidence. 
    Comes election day and the name of Alvin John remained in the ballots, whichafter Angelica Tan was the
    winning candidate, and Wigberto only second.

    Wigberto filed before the PBOC a petition to correct manifest mistakes concerning the cancelled
    candidacy of Alvin John and a motion to consolidate Alvin John’s votes with the votes he garnered.  The
    PBOC denied the motion to consolidate the votes because Alvin John was not a nuisance candidate. 
    PBOC then proclaimed Angelica as the winner.

    On May 21, 2013, Wigberto filed a supplemental petition before the COMELEC to annul the
    proclamation of Tan, which was granted and affirmed by the COMELEC en banc.  However, Angelica
    had by then taken her oath and assumed office past noon time of June 30, 2013, thereby rendering the
    adverse resolution on her proclamation moot.

    On May 27, 2013, before the SC, Wigberto filed a certiorari assailing the April 25, 2013 COMELEC en
    banc’s ruling declaring Alvin John not a nuisance candidate and an election protest claiming that fraud
    has been perpetrated.  The SC, noting that the proclaimed candidate has already assumed office,
    dismissed the election protest and directed Wigberto to file the protest before the proper tribunal which is
    the HRET.  The certiorari was also dismissed for being filed beyond the 5-day reglementary period.

    Before the HRET, the election protest was dismissed for being insufficient in form and substance and for
    lack of jurisdiction over John Alvin who was not a member of the House of Representatives.

    Issue 1:  W/N the votes for Alvin John should be credited in favor of Wigberto as
    a result of the cancellation of Alvin John’s candidacy

    Held:

    No, the votes cast for Alvin John whose COC was cancelled are stray votes only.  A COC cancelled on
    ground of false representations under Sec 78 of the Omnibus Election Code, unlike in being a nuisance
    candidate in Sec 69, does not have the effect of crediting the votes in favor of another candidate.

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