Amores vs.

House of Representatives Electoral Tribunal

G.R. No. 189600
June 29, 2010
“Assumption of office by Joel Villanueva as party-list representative of CIBAC”
Facts:
Amores filed a petition for quo warranto before the House of Representatives Electoral Tribunal
assailing the legality of Joel Villanueva’s assumption of office as representative of CIBAC party
list.

Amores argues that Joel Villanueva changed his sectoral affiliation 6 months prior to the
election day and that he was already 31 at the time of the election.

House of Representatives Electoral Tribunal dismissed the petition holding that the prohibition
of the change does not apply as there was no resultant change in party-list affiliation and that
the age qualification does not apply for the reason that CIBAC is a multi-sectoral organization.

Hence, the petition before the Court.

Issue:
Whether or not the proclamation of Joel Villanueva, as representative of CIBAC, is valid.

Ruling:
The Supreme Court, speaking through Justice Carpio Morales, ruled that, NO, the assumption of
office by Joel Villanueva is not valid.

Because, pursuant to Sec 15 of RA 7941, A nominee who changes his sectoral affiliation within
the same party will not only be eligible for nomination under the new sectoral affiliation of the
change has been effected at least six months before the elections.

Likewise, a candidate who is more than 30 on election day is not qualified to be a youth sector
nominee.

In the case at bar, Joel Villanueva changed his sectoral affiliation 6 months prior to the election
and that he was already 31 at the time of the election.

Therefore, he is disqualified from holding such office.

Nota Bene: