Montero, Cherith Inna

*Seneres v Comelec
Date & GR:
April 16, 2009; GR 178678
Ponente:
Velasco, J.
Class:
Consti 1
Topic:
Electoral Tribunals; Nature of Function
Doctrine:
HRET has sole jurisdiction on all contests relating to the election, returns and
qualifications of respective members (after proclamation, oath-taking and after candidate
assumes office)
Hold-over Doctrine: Authorities are almost unanimous that one who continues with the
discharge of the functions of an office after the expiration of his or her legal term — no successor having,
in the meantime, been appointed or chosen — is commonly regarded as a de facto officer, even where no
provision is made by law for his holding over and there is nothing to indicate the contrary (not the

Petition:
Petition for Certiorari w/ prayer for TRO &/or Preliminary Injunction to nullify & enjoin the
implementation of the July 19, 2007 resolution of COMELEC w/c declared Melquiades Robles
as President of BUHAY
Facts:
● 1999- Robles elected as Pres of BUHAY (partylist). Consti of buhay provides for 3 year
term w/o reelection
● 2001 & 2004 Buhay Participated in elections with Robles as Pres.
○ All req. documents Manifestation of Desire to Participate & Cert. of nominations)
to participate in elections bore Robles’ signature as pres.
● Jan 26, 2007- Buhay filed req. to participate in May 2007 elections, it bore Robles’
signature as pres.
● May 27, 2007 Hans Seneres, as acting pres. And Sec Gen. of BUHAY, filed Cert of
Nominations for 2007 elections (containing his name w/ 3 other candidates)
● May 29, 2007- Robles filed Cert of Nominees with different set of names
● April 17, 2007- Seneres filed petition w/ comelec to deny due course to Cert of
Nomination filed by Robles. He alleged:
 Montero, Cherith Inna

○ He was acting pres. And sec since Aug 17, 2004 (when robles vacated position).
So Robles’ nominations were null and void since he did not have the authority to
file them.
○ Under the Consti, Robles was disqualified to be an officer for a political party
since he was an Acting Administrator for a GOCC LRTA. (Civil service members
not allowed to participate in partisan political activity)
● May 10, 2007 Seneres was expelled from BUHAY by its Nat. Council for submitting Cert
of Nimination without authority from said council.
● June 30- Robles filed petition to declare null and void Seneres’ Cert of Nominations and
Cert of Acceptances
● July 9 & 18 Comelec proclaimed Buhay as winning party list and is entitled to 3 House
seats
● July 19, 2007- Comelec en banc recognized and declared Robles as pres. Since no
party election was held to replace him and he is then holding the position in a hold-over
capacity. Comelec also disposed of partisan pol. Party issue as Seneres’ claim were
unconvincing.
○ Nominees took their oath and assumed office as member of HR
Issues:
WON petition has merit?

Petition of Certiorari as an improper remedy

● According to Art VI sec 17 of the 1987 Constitution, HRET shall be the sole judge
of all contest relating to the election, returns and qualifications of their respective
members. This is reiterated in Rule 14 of the 1991 Revised Rules of the Electoral
Tribunal of the HR.

● The use of “sole” emphasizes the exclusive character of the jurisdiction

conferred. The role of the Electoral Tribunal is described as intended to be
complete and unimpaired (Lazatin v House Electoral Tribunal)

● The jurisdiction is passed from COMELEC to Electoral Tribunal, the moment the
winning candidate has been proclaimed, taken his oath and assumed office as a
member of the HR
● Petitioner should have instead filed quo warranto before HRET within ten days
from receipt of July 19, 2007 resolution and not a petition for certiorari before this
court. Since Petitioner failed to file quo warranto within 10 days from receipt of
 Montero, Cherith Inna

said resol., proclamation of COMELEC has already become final and executory.
Petition is now moot.

Ruling:
Petition Dismissed. Comelec’s ruling reaffirmed.