CODILLA VS.

DE VENECIA
G.R. No. 150605           December 10, 2002

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.