TITLE: LAYUG V.

COMELEC
G.R. NO. 192984 DATE: February 28, 2012
PONENTE: PERLAS-BERNABE, J. TOPIC:
FACTS OF THE CASE:
Petitioner Rolando Layug filed a petition for disqualification of Buhay Party List, contending that it is a
religious instead of a political party and arguing that Mariano Velarde, or Brother Mike, is not "one who belongs
to the marginalized and underrepresented sector" as required of party-list nominees under COMELEC Resolution
No. 8807.

Respondent answered that it is a political party that possess all qualifications of a party-list, one that
represented the elderly, women, youth, handicapped, as well as professionals. Brother Mike is supposedly
belonging to the marginalized and underrepresented elderly. They further argued that political parties such as
them need not even come from marginalized and underrepresented sector.

COMELEC proclaimed Buhay-Party List entitled to two House seats after the elections. This was after
Petitioner was found to be a ‘phantom petitioner’ without address after multiple non-reception of sent documents
to him by the Court. Brother Mike was not given a seat because he was the fifth nominee of the party.
PROCEDURAL HISTORY:
In this Petition for Certiorari with prayer for temporary restraining order and preliminary injunction,
petitioner seeks to enjoin the implementation of the Resolution of the COMELEC denied his petition to disqualify
respondent Buhay Party-List from participating in the 2010 Party-List Elections, and Mariano Velarde (Brother
Mike) from being its nominee AND to nullify Buhay Party-List's proclamation under COMELEC and compel the
COMELEC En Banc to rule on his Motion for Reconsideration
STATEMENT OF ISSUE/S:
Whether or not SC has jurisdiction to question the declaration of Buhay Party List nominees over the
House of Representatives Elective Tribunal in the case at bar.
HOLDING
YES. The Court has jurisdiction over the HRET over the present petition. The Members of the House are
(1) Elected from Legislative Districts and (2) those who shall be elected through a party list system of registered
national, regional, and sectoral parties or organizations.

The HRET does not have jurisdiction over Brother Mike’s qualifications as he has not been elected at all
to the House of Representatives. Neither does the HRET have jurisdiction on the case of Buhay Party List itself,
as Section 6 of the Party-List System Act state it is the COMELEC who has jurisdiction over such these kinds of
case. Thus, the case shall be handled by this Court to review decisions, orders, or resolutions of the COMELEC.

The Court .as provided under Section 7, Article IX-A of the 1987 Constitution and Section 1, Rule 37 of
the COMELEC Rules of Procedure, that has jurisdiction over the case at bar.

Petition was then denied because of Layug’s utter disregard of rules of procedure and COMELEC’s
discretion on its exercise of power.
notes, if any: