CAS E DI GEST: C ODI LLA VS .

DE
VENECI A
7:39 AM

G.R. No. 150605           December 10, 2002

EUFROCINO M. CODILLA, SR. vs
HON. JOSE DE VENECIA, ROBERTO P. NAZARENO, in their official capacities as Speaker 
and Secretary-General of the House of Representatives, respectively, 
and MA. VICTORIA L. LOCSIN

Facts:

Petitioner garnered the highest votes in the election for representative in the 4 th district of Leyte as against
respondent Locsin. Petitioner won while a disqualification suit was pending. Respondent moved for the
suspension of petitioner’s proclamation. By virtue of the Comelec ex parte order, petitioner’s proclamation
was suspended. Comelec later on resolved that petitioner was guilty of soliciting votes and consequently
disqualified him. Respondent Locsin was proclaimed winner. Upon motion by petitioner, the resolution
was however reversed and a new resolution declared respondent’s proclamation as null and void.
Respondent made his defiance and disobedience to subsequent resolution publicly known while petitioner
asserted his right to the office he won.

Issues:
1.     Whether or not respondent’s proclamation was valid.
2.     Whether or not the Comelec had jurisdiction in the instant case.
3.     Whether or not proclamation of the winner is a ministerial duty.

HELD:
1.     The respondent’s proclamation was premature given that the case against petitioner had not yet been
disposed of with finality. In fact, it was subsequently found that the disqualification of the petitioner was
null and void for being violative of due process and for want of substantial factual basis. Furthermore,
respondent, as second placer, could not take the seat in office since he did not represent the electorate’s
choice.
2.      Since the validity of respondent’s proclamation had been assailed by petitioner before the Comelec and
that the Comelec was yet to resolve it, it cannot be said that the order disqualifying petitioner had become
final. Thus Comelec continued to exercise jurisdiction over the case pending finality. The House of
Representatives Electoral Tribunal does not have jurisdiction to review resolutions or decisions of the
Comelec. A petition for quo warranto must also fail since respondent’s eligibility was not the issue.

3.     The facts had been settled by the COMELEC en

banc, the constitutional body with jurisdiction
on the matter, that petitioner won. The rule of law demands that its (Comelec’s)
Decision be obeyed by all officials of the land. Such duty is ministerial. Petitioner had the
right to the office which merits recognition regardless of personal judgment or opinion.