Vera v.

Avelino
77 PHIL 192 August 31, 1946

Facts:
The COMELEC submitted to the President and the Congress a report regarding
the national elections held in 1946. Stating that by reason of certain specified acts of terrorism
and violence in certain provinces, namely Pampanga, Nueva Ecija, Bulacan and Tarlac, the
voting in said region did not accurately feedback the local electorate.
During the session on May 25, 1946, a pendatum resolution was approved referring to
the report ordering that Jose O. Vera, Ramon Diokno and Jose E. Romero – who had been
included among the 16 candidates for senator receiving the highest number of votes and as
proclaimed by the COMELEC – shall not be sworn, nor seated, as members of the chamber,
pending the termination of the protest filed against their election.
Petitioners then immediately instituted an action against their colleagues who contrued
the resolution, praying for its annulment and allowing them to occupy their seats and to
exercise their senatorial duties. Respondents assert the validity of the pendatum resolution.

Issues:
W/N the Commission on Elections has the jurisdiction to determine whether or not votes cast
in the said provinces are valid.

Ruling:
Yes. The Supreme Court refused to intervene, under the concept of separation of powers,
holding that the case was not a “contest”, and affirmed that it is the inherent right of the
legislature to determine who shall be admitted to its membership. Following the powers
assigned by the Constitution, the jurisdiction of said case has not yet fallen on the electoral
tribunal – granting “no-contest” had been determined. The question raised was political in
nature and therefore not under the juridical review of the courts
In addition, the powers of the COMELEC and congress do not encroach upon the jurisdiction of
the electoral tribunals since these powers are applied on different occasions, and occasion
stated above it had not yet been called for.