Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Standard view
Full view
of .
Look up keyword
Like this
0 of .
Results for:
No results containing your search query
P. 1
Bondoc vs Pineda (Digest)

Bondoc vs Pineda (Digest)

|Views: 774|Likes:
Published by caramelsundae

More info:

Published by: caramelsundae on Sep 12, 2010
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less





Bondoc vs. Pineda G.R. No. 97710, September26, 1991Sunday, January 25, 2009 Posted by CoffeeholicWritesLabels: Case Digests, Political LawFacts: In the elections held on May 11, 1987,Marciano Pineda of the LDP and Emigdio Bondocof the NP were candidates for the position of Representative for the Fourth District of Pampanga. Pineda was proclaimed winner.Bondoc filed a protest in the House of Representatives Electoral Tribunal (HRET), whichis composed of 9 members, 3 of whom are Justices of the SC and the remaining 6 aremembers of the House of Representatives (5members belong to the LDP and 1 member isfrom the NP). Thereafter, a decision had beenreached in which Bondoc won over Pineda.Congressman Camasura of the LDP voted withthe SC Justices and Congressman Cerilles of theNP to proclaim Bondoc the winner of the contest.On the eve of the promulgation of the Bondocdecision, Congressman Camasura received aletter informing him that he was already expelledfrom the LDP for allegedly helping to organizethe Partido Pilipino of Eduardo Cojuangco and forallegedly inviting LDP members in Davao Del Sur
to join said political party. On the day of thepromulgation of the decision, the Chairman of HRET received a letter informing the Tribunalthat on the basis of the letter from the LDP, theHouse of Representatives decided to withdrawthe nomination and rescind the election of Congressman Camasura to the HRET.Issue: Whether or not the House of Representatives, at the request of the dominantpolitical party therein, may change that party’srepresentation in the HRET to thwart thepromulgation of a decision freely reached by thetribunal in an election contest pending thereinHeld: The purpose of the constitutionalconvention creating the Electoral Commissionwas to provide an independent and impartialtribunal for the determination of contests tolegislative office, devoid of partisanconsideration.As judges, the members of the tribunal must benon-partisan. They must discharge theirfunctions with complete detachment, impartialityand independence even independence from thepolitical party to which they belong. Hence,
disloyalty to party and breach of party disciplineare not valid grounds for the expulsion of amember of the tribunal. In expellingCongressman Camasura from the HRET forhaving cast a “conscience vote” in favor of Bondoc, based strictly on the result of theexamination and appreciation of the ballots andthe recount of the votes by the tribunal, theHouse of Representatives committed a graveabuse of discretion, an injustice and a violationof the Constitution. Its resolution of expulsionagainst Congressman Camasura is, therefore,null and void.Another reason for the nullity of the expulsionresolution of the House of Representatives is thatit violates Congressman Camasura’s right tosecurity of tenure. Members of the HRET, as sole judge of congressional election contests, areentitled to security of tenure just as members of the Judiciary enjoy security of tenure under theConstitution. Therefore, membership in the HRETmay not be terminated except for a just cause,such as, the expiration of the member’scongressional term of office, his death,permanent disability, resignation from thepolitical party he represents in the tribunal,formal affiliation with another political party orremoval for other valid cause. A member may

Activity (6)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads
John Vincent Malinao liked this
Mayee Habijan liked this
Marisa Arenas liked this
Kaye de Leon liked this

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->