TOPIC Special Civil Action; Quo Warranto

CASE NO. G.R. No. 187478

CASE NAME Fernandez v HRET and Vicente
MEMBER MY ☺

DOCTRINE
• Article VI, Section 17 of the 1987 Constitution provides that the House of Rep. Electoral Tribunal
(HRET) and the Senate Electoral Tribunal (SET) shall be the sole judges of all contests relating to
the election, returns, and qualification of their respective members.
• A petition for quo warranto, when it involves the qualification of a member of the House of
Representatives, falls within the exclusive jurisdiction of the House of Representatives Electoral
Tribunal (HRET)

RECIT-READY DIGEST
When Fernandez filed to run as Congressman of the First District of Laguna, Vicente filed a petition for the
cancelation of Fernandez’s COC, alleging misrepresentation of place of residence. The COMELEC First Division
dismissed this petition for lack of merit. Fernandez won the elections. Subsequently, Vicente filed a petition for
quo warranto before the HRET, alleging that Fernandez is ineligivle to hold office as Congressman of
Laguna First District. HRET granted Vicente’s petition. Fernandez challenged the HRET’s decision arguing
that the they should have been guided and/or cautioned by the COMELEC’s prior decision wherein he was
adjudged as qualified. Vicente claims that the HRET should have respected the findings of the COMELEC and
should have discreetly denied the petition.

Whether or not the HRET is bound by the prior determination of the COMELEC as to the qualification of the
Petitioner—NO. The HRET shall be the sole judges of all contests relating to the election, returns, and
qualification of their (House of Representatives) respective members.

See Doctrine.
SC however, did not sustain the HRET findings and ruled in favor of Fernandez who was found to be duly qualified
(residency requirements) to hold office as congressman of Laguna First District.

FACTS
• Fernandez filed for candidacy as Representative of the First Legislative District of Laguna
o In his COC he indicated his complete/exact address as No. 13 Maharlika St., Villa Toledo
Subdivision, Barangay Baliboago, Sta. Rosa City, Laguna (alleged Sta. Rosa residence).
• Private respondent Vicente filed a Petition to Deny Due Course to and/or COC and Petition for
Disqualification before the Office of the Provincial Election Supervisor of Laguna. This was forwarded
to the COMELEC
o Ground: alleged material misrepresentation in his COC regarding his place of residence, since
during past elections, he had declared Pagsanjan, Laguna as his address, and Pagsanjan was
located in the Fourth Legislative District of the Province of Laguna.
o Vicente likewise claimed that Fernandez maintained another house in Cabuyao, Laguna, which
was also outside of the First District.
• The COMELEC (First Division) dismissed said petition for lack of merit.
• Subsequently, Fernandez was proclaimed as the duly elected Representative of the First District of
Laguna on June 27, 2007.
• Vicente filed a petition for quo warranto before the House of Representative Electoral Tribunal
(HRET), praying that Fernandez be declared ineligible to hold office as a Member of the House of
Representative representing the First Legislative District of the Province of Laguna, and that
Fernandez’s election and proclamation be annulled and declared null and void.

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 o The HRET granted Vicente’s prayer and disqualified Fernandez.
• Fernandez challenged the HRET’s decision arguing that the they should have been guided and/or
cautioned by the COMELEC’s prior decision wherein he was adjudged as qualified to run for the
position of Congressman of the First District of Laguna. Petitioner claims that the HRET should have
respected the findings of the COMELEC and should have discreetly denied the petition.

ISSUE/S and HELD

Whether or not the HRET is bound by the prior determination of the COMELEC as to the qualification of the
Petitioner—NO

RATIO
o Article VI, Section 17 of the 1987 Constitution provides that the House of Rep. Electoral
Tribunal (HRET) and the Senate Electoral Tribunal (SET) shall be the sole judges of all
contests relating to the election, returns, and qualification of their respective members.
o The authority conferred upon the Electoral Tribunal is full, clear and complete.
o The use of the word sole emphasizes the exclusivity of the jurisdiction of these Tribunals, which is
conferred upon the HRET and the SET after elections and the proclamation of the winning
candidates.
o Thus, Vicente correctly pointed out that a petition for quo warranto, when its issue involves the
qualification of a member of the House of Representatives, falls within the exclusive
jurisdiction of the House of Representatives Electoral Tribunal (HRET), even if, as in this
case, the COMELEC had already passed upon in administrative or quasi-judicial
proceedings the issue of the qualification of the Member of the House of Representatives while
the latter was still a candidate.
o SC however, did not sustain the HRET findings and ruled in favor of Fernandez who was found to
be duly qualified (residency requirements) to hold office as congressman of Laguna First District.

DISPOSTION
WHEREFORE, premises considered, the petition is hereby GRANTED. The decision of
the HRET in HRET CASE No. 07-034 promulgated on December 16, 2008, and its Minute Resolution No. 09-
080 promulgated on April 30, 2009 in the same case, are hereby REVERSED AND SET ASIDE