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    Albayon VS COMELEC Case Digest

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    CL Geduquio
    Petitioner Abayon was the first nominee of the Aangat Tayo party-list that won a seat in the House of Representatives in 2007. Respondents filed a petition claiming Aangat Tayo was not eligible and Abayon was not qualified. The Court affirmed the House Electoral Tribunal's (HRET) jurisdiction over the qualifications of party-list nominees. While party-lists initially screen nominees, HRET has sole authority to determine if a disqualified representative was chosen. The Constitution provides for party-list representation, where voters elect organizations and parties rather than specific candidates.

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    Albayon VS COMELEC Case Digest

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    CL Geduquio
    36 views2 pages
    Petitioner Abayon was the first nominee of the Aangat Tayo party-list that won a seat in the House of Representatives in 2007. Respondents filed a petition claiming Aangat Tayo was not eligible and Abayon was not qualified. The Court affirmed the House Electoral Tribunal's (HRET) jurisdiction over the qualifications of party-list nominees. While party-lists initially screen nominees, HRET has sole authority to determine if a disqualified representative was chosen. The Constitution provides for party-list representation, where voters elect organizations and parties rather than specific candidates.

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    Petitioner Abayon was the first nominee of the Aangat Tayo party-list that won a seat in the House of Representatives in 2007. Respondents filed a petition claiming Aangat Tayo was not eligible and Abayon was not qualified. The Court affirmed the House Electoral Tribunal's (HRET) jurisdiction over the qualifications of party-list nominees. While party-lists initially screen nominees, HRET has sole authority to determine if a disqualified representative was chosen. The Constitution provides for party-list representation, where voters elect organizations and parties rather than specific candidates.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36 views2 pages

    Albayon VS COMELEC Case Digest

    Uploaded by

    CL Geduquio
    Petitioner Abayon was the first nominee of the Aangat Tayo party-list that won a seat in the House of Representatives in 2007. Respondents filed a petition claiming Aangat Tayo was not eligible and Abayon was not qualified. The Court affirmed the House Electoral Tribunal's (HRET) jurisdiction over the qualifications of party-list nominees. While party-lists initially screen nominees, HRET has sole authority to determine if a disqualified representative was chosen. The Constitution provides for party-list representation, where voters elect organizations and parties rather than specific candidates.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    WESTERN MINDANAO STATE UNIVERSITY

    College of Law
    Subject: Constitutional law 1 (Topic: Partylist Representation)

    DARYL GRACE ABAYON VS THE HONORABLE HOUSE OF REPRESENTATIVES


    G.R. No. 189466 February 11, 2010
    Justice Abad
    FACTS:
    Petitioner Abayon is the first nominee of the Aangat Tayo party-list organization that won a seat in the
    House of Representatives during the 2007 elections. Respondents Perfecto C. Lucaban, Jr., et.al. filed a
    petition for quo warranto with respondent HRET against Aangat Tayo and its nominee. They claimed
    that Aangat Tayo was not eligible for a party-list seat in the House of Representatives, since it did not
    represent the marginalized and underrepresented sectors, and that Abayon is not qualified.
    Abayon countered that the Commission on Elections (COMELEC) had already confirmed the status of
    Aangat Tayo as a national multi-sectoral party-list organization representing the workers, women, youth,
    urban poor, and elderly and that she belonged to the women sector. Abayon also claimed that although
    she was the second nominee of a Waray party-list organization during the 2004 elections, she could not
    be regarded as having lost a bid for an elective office. Finally, petitioner Abayon pointed out that
    respondent HRET had no jurisdiction over the petition for quo warranto since respondent Lucaban and
    the others with him collaterally attacked the registration of Aangat Tayo as a party-list organization, a
    matter that fell within the jurisdiction of the COMELEC. All questions regarding her qualifications shall
    be internal concerns of Aangat Tayo.
    ISSUES:
    Whether or not the House of Representatives Electoral Tribunal has jurisdiction over the qualifications of
    the partylist nominees.
    HELD:
    YES. The Court DISMISSES the consolidated petitions and AFFIRMS the Order dated July 16, 2009
    and Resolution 09-183 dated September 17, 2009 in HRET. The Court holds that respondent HRET did
    not gravely abuse its discretion when it dismissed the petitions for quo warranto against Aangat Tayo
    party-list and Bantay party-list but upheld its jurisdiction over the question of the qualifications of
    petitioners Abayon and Palparan.
    RULLING:
    The initial screening of nominees is conducted by the party or organization that nominates them,
    however, if there are allegations that the party has chosen and allowed a disqualified representative, the
    HRET shall be the sole judge.
    It is not the organization that sits as and becomes the member of the House of representatives, but the
    elected member of the partylist. Section 5, Article VI of the Constitution states that a member of the
    House of Representatives may be elected through a party-list system of registered national, regional, and
    sectoral parties or organizations.
    These representatives are elected, however, through that peculiar party-list system that the Constitution
    authorized and that Congress by law established where the voters cast their votes for the organizations or
    parties to which such party-list representatives belong.

    GEDUQUIO, MARY CLAIRE I. JD-IA, WMSU COL (AY 2022-2023)


    GEDUQUIO, MARY CLAIRE I. JD-IA, WMSU COL (AY 2022-2023)

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