ATTY. ISIDRO Q. LICO, RAFAEL A. PUENTESPINA, PROCULO T.

SARMEN,
AMELITO L. REVUELTA, WILLIAM C. YBANEZ, SILVERIO J. SANCHEZ, GLORIA G.
FUTALAN, HILARIO DE GUZMAN, EUGENE M. PABUALAN, RODOLFO E. PEREZ,
HIPOLITO R. QUILLAN, MARIO ARENAS, TIRSO C. BUENAVENTURA, LYDIA B.
TUBELLA, REYNALDO C. GOLO& JONATHAN DEQUINA IN THEIR INDIVIDUAL
CAPACITIES, AND AS LEGITIMATE MEMBERS AND OFFICERS OF ADHIKAING
TINATAGUYOD NG KOOPERATIBA (ATING KOOP PARTY
LIST), Petitioners,
vs.
THE COMMISSION ON ELECTIONS EN BANC AND THE SELFSTYLED
SHAM ATING KOOP PARTYLIST REPRESENTED

G.R. No. 25505 | September 29, 2015 | Sereno, C.J.

TOPIC: explusion of a party-list representative from his respective party-list organization

PROCEDURE
Respondent: COMELEC and Rimas Group of ATING KOOP Who filed it: Lico Group of ATING KOOP
Nature of the Case: Petition for Certiorari for the annulment of COMELEC
Resolution declaring the expulsion of Congressman Lico from ATING KOOP Party- Who won: Lico Group
list
FACTS
1. Adhikaing Tinataguyod and Kooperatiba (ATING KOOP), a multi-sectoral party-list organization. Under its Constitution and By-Laws, its highest policymaking body
is the National Convention, which, when not in session, is taken over by the Central Committee.

2. The case involved two (2) rival factions within the organization: one group was headed by petitioner Atty. Lico, representative of ATING KOOP in the House of
Representatives, and the other by respondent Amparo Rimas.
2. ATING KOOP filed with COMELEC its Manifestation of Intent to Participate in the Party-List System of Representation for 2010 elections, with Lico and Roberto
Mascariña as first and second nominees, respectively.
3. COMELEC proclaimed ATING KOOP as one of the winning party-lists on December 8, 2010, the latter earning a seat in the House of Representatives. Lico
thereafter took his oath and assumed office.
4. Several months prior to such proclamation, ATING KOOP's Central Committee issued a resolution, which incorporated a term-sharing agreement signed by its
nominees. Under the agreement, Lico was to serve as Party-List Representative for the first year of the three-year term.
5. Months after Lico had assumed office, ATING KOOP adopted significant changes to its Constitution and By-Laws, thereby affecting the composition and election
of officers of its Central Committee[1], and giving rise to the two opposing factions[2]. This coincided with allegations of malversation, graft and corruption against
Lico. Later on, the Central Committee expelled Lico from ATING KOOP due to disloyalty as he refused to honor the term-sharing agreement.
8. The Rimas Group, in view of Lico's expulsion from the organization, and claiming to represent ATING KOOP, filed with COMELEC a petition to order Lico to vacate
the House seat, and to sanction the immediate succession of the second nominee Mascariña.
9. COMELEC En Banc Resolution upheld the validity expulsion of Lico from ATING KOOP, but dismissed the petition to expel him from the House of Representative
for lack of jurisdiction.
ISSUE
Whether or not the COMELEC correctly dismissed the petition to expel Lico from the House of Representatives. YES.
Whether or not the COMELEC has jurisdiction to over Lico's expulsion from ATING KOOP. NO.
RATIONALE
1. Sec. 17, Art. VI of the 1987 Constitution endows the House of Representatives Electoral Tribunal (HRET) with the jurisdiction to resolve questions pertaining
to the qualifications of member of Congress. HRET acquires such jurisdiction over a disqualification case upon proclamation of the winning party-list group, oath of
nominees, and assumption of office as member of the House of Representatives.
2. Bona fide membership of a party-list representative to his respective party-list organization is a continuing qualification/requirement to sit in Congress. Hence,
HRET, being the sole judge of all contests regarding qualifications of the members of the House of Representatives, has the exclusive authority to confirm the
validity of Lico's expulsion from ATING KOOP.
HELD/DISPOSITIVE

The Petition for Certiorari was granted, anulling and setting aside COMELEC En Banc Resolution as to the expulsion of Lico from ATING KOOP.

NOTES:
[1] In May 14, 2011, ATING KOOP held its Second National Convention, during which amendments to the Constitution and By-Laws of the organization were introduced. Among these changes were the 5-5-5 equal
representation in the Central Committee (i.e., Luzon, Visayas and Mindanao shall have their 5 respective representatives), and the holding of an election of Central Committee within 6 months after the Second
National Convention. This, in effect, cut short the three-year term of the incumbent members of the Central Committee (hereafter called as the Interim Central Committee), which was dominated by the Rimas
Group.
[2] The Lico Group held a special meeting in Cebu on December 19, 2011, to elect new members and set of officers of the Central Committee. On the other hand, Rimas Group held a Special National Convention in
Paranaque on January 21, 2012, also to constitute a new Central Committee and a new set of officers.

/A.Rollon