Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 6 views

    Lico Vs Comelec

    Uploaded by

    Rebekah Celis
    1) The Supreme Court ruled that the COMELEC did not have jurisdiction to expel a member of Congress from their party-list organization, as this falls under the jurisdiction of the House of Representatives Electoral Tribunal once the person has assumed office. 2) The COMELEC erred in ruling on the validity of Lico's expulsion from the party-list group Ating Koop, as this involved his qualifications as a member of Congress. 3) Neither election held by the rival factions of Ating Koop were valid since the amendments to the group's constitution and by-laws were not registered with the COMELEC. The legitimate representatives remained the interim central committee members serving in a

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Lico Vs Comelec

    Uploaded by

    Rebekah Celis
    6 views10 pages
    1) The Supreme Court ruled that the COMELEC did not have jurisdiction to expel a member of Congress from their party-list organization, as this falls under the jurisdiction of the House of Representatives Electoral Tribunal once the person has assumed office. 2) The COMELEC erred in ruling on the validity of Lico's expulsion from the party-list group Ating Koop, as this involved his qualifications as a member of Congress. 3) Neither election held by the rival factions of Ating Koop were valid since the amendments to the group's constitution and by-laws were not registered with the COMELEC. The legitimate representatives remained the interim central committee members serving in a

    Original Title

    lico vs comelec

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) The Supreme Court ruled that the COMELEC did not have jurisdiction to expel a member of Congress from their party-list organization, as this falls under the jurisdiction of the House of Representatives Electoral Tribunal once the person has assumed office. 2) The COMELEC erred in ruling on the validity of Lico's expulsion from the party-list group Ating Koop, as this involved his qualifications as a member of Congress. 3) Neither election held by the rival factions of Ating Koop were valid since the amendments to the group's constitution and by-laws were not registered with the COMELEC. The legitimate representatives remained the interim central committee members serving in a

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    6 views10 pages

    Lico Vs Comelec

    Uploaded by

    Rebekah Celis
    1) The Supreme Court ruled that the COMELEC did not have jurisdiction to expel a member of Congress from their party-list organization, as this falls under the jurisdiction of the House of Representatives Electoral Tribunal once the person has assumed office. 2) The COMELEC erred in ruling on the validity of Lico's expulsion from the party-list group Ating Koop, as this involved his qualifications as a member of Congress. 3) Neither election held by the rival factions of Ating Koop were valid since the amendments to the group's constitution and by-laws were not registered with the COMELEC. The legitimate representatives remained the interim central committee members serving in a

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    LLICO v.

    COMELEC
    (2015)

    G.R. No. 205505,


    September 29, 2015
    FACTS
    • On Nov. 30, 2009, Ating Koop filed its Manifestation of Intent to Participate in the
    Party-List System of Representation for the May 10, 2010 Elections.
    • NOMINEES- Lico as first nominee and Roberto Mascarina as second nominee.
    • COMELEC proclaimed Ating Koop as one of the winning party-list groups.Based on
    the procedure provided in BANAT Party-List v. COMELEC, Ating Koop earned a
    seat in the House of Representatives. Petitioner Lico subsequently took his oath
    of office on 9 December 2010 before the Secretary-General of the House of
    Representatives, and thereafter assumed office.
    • Ating Koop issued Central Committee Resolution 2010-01, which incorporated a
    term-sharing agreement signed by its nominees. Under the agreement, petitioner
    Lico was to serve as Party-list Representative for the first year of the three-year
    term.
    FACTS
    • On 14 May 2011, Ating Koop held its Second National Convention, during
    which it introduced amendments to its Constitution and By-laws.
    • 15 representatives but with five each coming from Luzon, Visayas and
    Mindanao (5-5-5 equal representation). The amendments likewise
    mandated the holding of an election of Central Committee members
    within six months after the Second National Convention.
    • On 5 Dec. 2011, the Interim Central Committee expelled Lico from Ating
    Koop for disloyalty. Apart from allegations of malversation and graft and
    corruption, the Committee cited petitioner Lico's refusal to honor the
    term-sharing agreement as factual basis for disloyalty and as cause for his
    expulsion under Ating Koop's Amended Constitution and By-laws.
    FACTS
    • the Lico Group held a special meeting in Cebu City (the Cebu
    meeting). At the said meeting, new members of the Central
    Committee, as well as a new set of officers, were elected.
    • On 21 Jan. 2012, the Rimas Group held a Special National Convention
    in Parañaque City (the Parañaque convention), at which a new Central
    Committee and a new set of officers were constituted. Members of
    the Rimas Group won the election and occupied all the corresponding
    seats.
    Proceedings before the COMELEC Second
    Division
    • the Rimas Group, claiming to represent Ating Koop, filed with COMELEC a
    Petition against petitioner Lico to vacate the office. On 14 May 2012, The Rimas
    Group filed an Amended Petition with the COMELEC this time impleading not
    only petitioner Lico but the entire Lico Group and to nullify the election
    conducted at the Cebu meeting and recognize the Paranaque convention.
    • the COMELEC Second Division upheld the expulsion of petitioner Lico from
    Ating Koop and declared Mascarina as the duly qualified nominee of the party-
    list group.
    • It characterized the issue of the validity of the expulsion of petitioner Lico from
    Ating Koop as an intra-party leadership dispute, which it could resolve as an
    incident of its power to register political parties.
    Proceedings before the COMELEC en banc
    • Denied! The COMELEC held that, it had no jurisdiction to expel Lico from
    the House of Representatives, considering that his expulsion from Ating
    Koop affects his qualifications as member of the House, and therefore it
    was the House of Representatives Electoral Tribunal (HRET) that had
    jurisdiction over the Petition.
    • At the same time, It upheld the validity of petitioner Lico's expulsion
    from Ating Koop, explaining that when the Interim Central Committee
    ousted him from Ating Koop, the said Committee's members remained
    in hold-over capacity even after their terms had expired; and that the
    COMELEC was not in a position to substitute its judgment for that of
    Ating Koop with respect to the cause of the expulsion.
    ISSUE/S
    • WON the COMELEC has jurisdiction over expulsion of a member of
    the HRET from his party-list organization.
    • Which group legitimately represent Ating Koop?
    HELD
    • 1) NO. The SC ruled that the COMELEC correctly dismissed the
    Petition to expel petitioner Lico from the House of Representatives for
    being beyond its jurisdiction. For under Section 17, Article VI of the
    1987 Constitution, it endows the HRET with jurisdiction to resolve
    questions on the qualifications of members of Congress
    • In the case of party-list representatives, the HRET acquires jurisdiction
    over a disqualification case upon proclamation of the winning party-
    list group, oath of the nominee, and assumption of office as member
    of the House of Representatives
    En Banc err when it, rule upon the validity of Lico’s expulsion from
    Ating Koop - a matter beyond its purview

    • In the present case, the fact that petitioner Lico was a member of
    Congress at the time of his expulsion from Ating Koop removes the
    matter from the jurisdiction of the COMELEC
    • In the present case, the Petition for petitioner Lico's expulsion from
    the House of Representatives is anchored on his expulsion from Ating
    Koop, which necessarily affects his title as member of Congress. A
    party-list nominee must have been, among others, a bona fide
    member of the party or organization for at least ninety (90) days
    preceding the day of the election. Needless to say, bona fide
    membership in the party-list group is a continuing qualification.
    • 2) THE INTERIM CENTRAL COMMITTEE. The SC ruled that the COMELEC to
    have committed grave abuse of discretion in declaring the Rimas Group as
    the legitimate set of Ating Koop officers for the amendments to the
    Constitution and By-laws of Ating Koop were not registered with the
    COMELEC. Hence, neither of the elections held during the Cebu meeting
    and the Paranaque conference pursuant to the said amendments, were
    valid.
    • A party-list organization owes its existence to the State and the latter's
    approval must be obtained through its agent, the COMELEC.
    • The Court find that it is the Interim Central Committee, whose members
    remain as such in a hold-over capacity.

    You might also like