Amores vs.

House of Representatives Electoral Tribunal

G.R. 189600, June 29, 2010
Carpio-Morales, J.

FACTS:

Petitioner, Milagros Amores contended the legality of assumption of office of Emmanuel

Joel J. Villanueva of CIBAC (Citizen’s Battle Against Corruption). She alleged that Villanueva is
not qualified to be a nominee of the youth sector for he was already 31 years old and the age limit
being 30 years old pursuant to Sec 9 of Party-List System Act. Also, his change of affiliation from
the youth sector to its OFW and families sector was not valid for it was not done at least six months
before the May 2007 elections pursuant to Sec 15 of the same Act.
HRET, the respondent dismissed the petitioner’s case for the reason that it was filed out of
time. It also alleged that qualification for the youth sector in RA 7941 only applies in the first three
congressional terms after the ratification of the Constitution and that Sec 15 will also not apply as
there was no resultant change of affiliation.
The Supreme Court found the petitioners contentions valid and thus made the resolution.

ISSUE:

Whether or not Emmanuel Villanueva is qualified to represent CIBAC in the House of

Representatives.

RULING:

The Supreme Court ruled that Villanueva is not qualified. It held that HRET committed a
grave abuse of discretion in ruling that the petitioner’s case was filed out of time. Since it was the
qualifications that being questioned, the case can be filed anytime during his term.
Also, there was no provision in RA 7941 that the youth sector requirement only applies to
the first three congressional terms after the ratification of the Constitution. Thus, the petitioner’s
contention of Mr. Villanueva being overaged is correct.
Lastly, since Mr. Villanueva only changed his affiliation to the OFW sector of CIBAC on
March 2007, he cannot be nominated as representative because the provision requires the change
be done at least six months before the immediate elections which was on May 2007.