Lerias v HRET, 202 SCRA 808 (1991)

Legislative Department: Action/Decision

https://web.mylegalwhiz.com/cases/detail/32068

FACTS:
Petitioner Rosette Lerias filed her certificate of candidacy at the UPP-KBL for the
position of Representative for the lone district of Southern Leyte on May 11, 1987
elections. Her opponent, Roger Mercado, was the administration candidate for the
same position. At initial count, Roger Mercado was declared as having the highest
number of votes but petitioner claims that if they were to base the certificate of
canvass from the provincial board, it would show that Lerias was the winning
candidate. This was dismissed by the provincial board because such certificate were
tampered with erasures and alterations. The filing of motion of reconsideration later
escalated to the COMELEC and the tribunal to which both consider Mercado as the
winning candidate. The petitioner is now contesting the validity of the decision of the
tribunal.

ISSUE:
Whether or not the Supreme Court can exercise the power of judicial review over the
aforementioned case.

HELD:
No.

The court ruled that SC cannot exercise the power of judicial review over decisions
and orders of the house of electorate tribunal except only upon the strongest
showing that a constitutional norm has been violated. The petitioner anchors her
arguments on alleged election abnormalities. Her allegations are based solely on the
question of fact which vests solely within the jurisdiction of the house of electoral
tribunal.

Judicial review of decisions or final resolutions of the electoral tribunals is possible

only in the exercise of the Court’s so-called extraordinary jurisdiction upon a
determination that the tribunal’s decision or resolution was rendered without or in
excess of jurisdiction or with grave abuse of discretion constituting denial of due
Process.