The Supreme Court clarified that once a congressional candidate is proclaimed the winner, the Commission on Elections (COMELEC) loses jurisdiction over disputes concerning their election, returns, and qualifications. This authority then shifts exclusively to the House of Representatives Electoral Tribunal (HRET). This ruling ensures that challenges to a winning candidate’s qualifications are resolved by the appropriate tribunal, maintaining the separation of powers and the integrity of the electoral process.

From Mayor to Congressman: A Residency Dispute and Jurisdictional Divide

Romeo M. Jalosjos, Jr., while serving as Mayor of Tampilisan, Zamboanga del Norte, acquired a residence in Ipil, Zamboanga Sibugay. Subsequently, he ran for and won the position of Representative of the Second District of Zamboanga Sibugay. Dan Erasmo, Sr. questioned Jalosjos’s residency, alleging that he did not meet the requirement to run for the congressional seat. This challenge raised a critical question: Did COMELEC have the authority to rule on Jalosjos’s qualifications after he had already been proclaimed the winner, or did this authority belong solely to the HRET?

The heart of the legal issue lies in the division of authority between the COMELEC and the HRET. The Constitution grants COMELEC the power to decide questions affecting elections, but this power is limited. It does not extend to contests regarding the election, returns, and qualifications of members of the House of Representatives, which are exclusively under the jurisdiction of the HRET, according to Section 17, Article VI of the 1987 Constitution.

The Supreme Court has consistently addressed when COMELEC’s jurisdiction ends and HRET’s begins. It has been established that the proclamation of a congressional candidate transfers jurisdiction over disputes relating to their election, returns, and qualifications from COMELEC to the HRET. This principle is crucial for maintaining the separation of powers and ensuring the proper resolution of electoral disputes. As the Court emphasized in Planas v. Commission on Elections, 519 Phil. 506, 512 (2006), the proclamation of a congressional candidate divests COMELEC of jurisdiction.

In this case, the COMELEC En Banc issued its order on June 3, 2010, after Jalosjos had already been proclaimed the winner on May 13, 2010. Consequently, the Supreme Court found that COMELEC acted without jurisdiction when it ruled on Jalosjos’s qualifications and declared him ineligible for the office of Representative. The Court’s decision underscores the importance of adhering to established jurisdictional boundaries in election law.

The COMELEC law department argued that Jalosjos’s proclamation was an exception, citing Codilla, Sr. v. De Venecia, 442 Phil. 139 (2002), and insisting that because COMELEC declared him ineligible, his proclamation was void. Erasmo also contended that COMELEC retained jurisdiction based on Section 6 of Republic Act 6646, which states:

Section 6. Effects of Disqualification Case. Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the Court or Commission shall continue with the trial and hearing of the action, inquiry, or protest and, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong.

However, the Court noted that on election day in 2010, COMELEC En Banc had not yet resolved Erasmo’s appeal from the Second Division’s dismissal of the disqualification case against Jalosjos. No final judgment existed removing Jalosjos’s name from the list of candidates. The last official action was the Second Division’s ruling allowing his name to remain on the list. Furthermore, COMELEC En Banc did not issue any order suspending his proclamation pending the final resolution. Upon his proclamation and assumption of office, any issues regarding his qualifications, such as his residency, fell under the sole jurisdiction of the HRET, aligning with Perez v. Commission on Elections.

Therefore, the Supreme Court held that COMELEC En Banc exceeded its jurisdiction by declaring Jalosjos ineligible, as it had already lost jurisdiction over the case. As a result, Erasmo’s petitions questioning Jalosjos’s voter registration and COMELEC’s failure to annul his proclamation also failed. The Court emphasized that it could not usurp the power vested solely in the HRET. The Court made it clear that jurisdictional boundaries must be respected in election disputes.

FAQs

What was the key issue in this case?	The primary issue was whether COMELEC retained jurisdiction to rule on Jalosjos’s qualifications as a congressional representative after he had already been proclaimed the winner.
When does COMELEC’s jurisdiction end and HRET’s begin?	COMELEC’s jurisdiction ends and HRET’s begins upon the proclamation of the winning congressional candidate. After proclamation, disputes regarding election, returns, and qualifications fall under the HRET.
What was the basis of Erasmo’s challenge to Jalosjos’s candidacy?	Erasmo challenged Jalosjos’s candidacy based on the claim that Jalosjos did not meet the residency requirement for the position of Representative of the Second District of Zamboanga Sibugay.
What did the COMELEC En Banc initially decide regarding Jalosjos’s eligibility?	The COMELEC En Banc initially granted Erasmo’s motion for reconsideration and declared Jalosjos ineligible to seek election, stating that he did not meet the residency requirement.
How did the Supreme Court rule on the COMELEC En Banc’s decision?	The Supreme Court ruled that the COMELEC En Banc exceeded its jurisdiction by declaring Jalosjos ineligible, as he had already been proclaimed the winner, thus transferring jurisdiction to the HRET.
What is the significance of Section 6 of Republic Act 6646 in this case?	Section 6 of RA 6646 pertains to the effects of a disqualification case, but the Court found it inapplicable here because there was no final judgment disqualifying Jalosjos before the election.
What was the role of the COMELEC Second Division in this case?	The COMELEC Second Division initially dismissed Erasmo’s petitions for insufficiency in form and substance, allowing Jalosjos’s name to remain on the list of candidates, a decision that stood until the En Banc reversed it after the election.
What practical effect did the Supreme Court’s decision have?	The Supreme Court’s decision upheld Jalosjos’s election as Representative of the Second District of Zamboanga Sibugay by recognizing the HRET’s exclusive jurisdiction over questions regarding his qualifications after proclamation.

The Supreme Court’s decision reinforces the jurisdictional boundaries between the COMELEC and the HRET, ensuring that challenges to a winning candidate’s qualifications are addressed by the appropriate tribunal. This ruling helps to maintain the integrity of the electoral process and the separation of powers within the government.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: ROMEO M. JALOSJOS, JR. VS. THE COMMISSION ON ELECTIONS AND DAN ERASMO, SR., G.R. NO. 192474, June 26, 2012