Guerrero vs. COMELEC G.R. No. 137004, July 26, 2000

Facts: Guillermo Ruiz sought to disqualify respondent Farinas as a candidate for the position of Congressman in the First District of Ilocos Norte. Ruiz alleged that Farinas had been campaigning as a candidate for Congressman in the May 11, 1998 polls, despite his failure to file a certificate of candidacy for said office. On May 8, 1998, Farinas filed his certificate of candidacy substituting candidate Chevylle Farinas who withdrew on April 3, 1998. On May 10, 1998, the COMELEC dismissed the petition of Ruiz for lack of merit.

After the election, Farinas was duly proclaimed winner. Thereafter, Ruiz filed a motion for reconsideration, contending that Farinas could not validly substitute for Chevylle Farinas, since the latter was not the official candidate of LAMMP, but was an independent candidate. Another person cannot substitute for an independent candidate. Ruiz claimed that Farinas’ certificate of candidacy was fatally defective. On June 3, 1988, Farinas took his oath of office as a member of the House of Representatives. The COMELEC dismissed the case for lack of jurisdiction.


Issue: Whether or not the COMELEC has committed grave abuse of discretion in holding that the determination of the validity of the certificate of candidacy of respondent Farinas is already within the exclusive jurisdiction of the House of Representatives Electoral Tribunal (HRET).


Held: There is no grave abuse of discretion on the part of the COMELEC when it held that its jurisdiction over the case had ceased with the assumption of office of respondent Farinas as Representative for the first district of Ilocos Norte. While COMELEC is vested with the power to declare valid or invalid a certificate of candidacy, its refusal to exercise that power following the proclamation and assumption of the position by Farinas is a recognition of the jurisdictional boundaries separating the COMELEC and the HRET. Under Art. VI, Sec. 17 of the Constitution, the HRET has sole and exclusive jurisdiction over all contests relative to the election, returns and qualifications of members of the House of Representatives. Thus, once a winning candidate has been proclaimed, taken his oath, and assumed office as a member of the House of Representatives, COMELEC’s jurisdiction over election contests relating to his election, returns and qualifications ends, and the HRET’s own jurisdiction begins. Thus, the COMELEC’s decision to discontinue exercising jurisdiction over the case is justifiable, in deference to the HRET’s own jurisdiction and functions.