Theresa T.

Godinez Constitutional 1 (Weekdays)

G.R. No. 97710 September 26, 1991

DR. EMIGDIO A. BONDOC, petitioner, vs. REPRESENTATIVES MARCIANO M.

PINEDA, et al., respondents.
Estelito P. Mendoza, Romulo C. Felixmera and Horacio S.J. Apostol for petitioner.
Nicanor S. Bautista for respondent Marciano M. Pineda.
Benedicto R. Palacol for respondent M.M. Palacol.

Facts:

On May 11, 1987 the local and congressional election was held. The rival for the position
of Representative for the Fourth District of the province of Pampanga were Marciano M.
Pineda (Laban ng Demokratikong Pilipino) and Dr. Emigdio A. Bondoc (Nacionalista
Party).
On May 19, 1987, Pineda was proclaimed winner in the election. His opponent Bondoc
filed a protest with the House of Representative Electoral Tribunal (HRET) questioning
the outcome of the election. The HRET ruled in favor of Bondoc proclaiming him winner
with 107 votes.
Congressman Camasura, who was a member of the HRET, confided in LDP Secretary
General Congressman Conjuangco that he voted for Bondoc. HRET then asked
Camasura to withdraw his seat which was afforded to him being in the majority party.
Bondoc filed for petition for certiorari, prohibtion, and mandamus to HRET form its
resolution.

Issues:

Whether or not the House of Representative had the jurisdiction to order Camasura to
withdraw from HRET.

Held:
Theresa T. Godinez Constitutional 1 (Weekdays)

No. Political Parties can not sway the decisions of the HRET in favour to their political
affiliations. The HRET takes on another mantle to judge election protests and is
considered as a distinct entity from the House of Representatives. However, HRET is
showed grave abuse of discretion when they asked the withdrawal of Camasura from
their ranks because members of the HRET should be non-partisan and not beholden to
any political party. Camasura, in the act of voting for Bondoc, was in his official capacity
as a member of HRET. Disloyalty to the party does not breach the fulfilment of his duties.
The congressman is also granted security of tenure entitled to all members of HRET.