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4.5 Roces v. HRET
4.5 Roces v. HRET
HRET
G.R. NO. 167499 DATE: September 15, 2005
PONENTE: TOPIC: HRET is the sole judge of all contest relating to
the election, returns, and qualifications of their
respective members
FACTS OF THE CASE:
Petitioner Miles Roces and former Congressman Harry Ang Ping (Mr. Ang Ping) filed Certificate of Candidacies
(COCs) for the Representative for the 3rd Congressional District of Manila for the 2004 Elections. Mr. Ang Ping was
disqualified due to an Alejandro Gomez’s petition on the ground that Ang Ping misrepresented himself to be a
natural-born citizen. COMELEC First Division Commissioner Garcillano of the issued an order for a resolution to
promulgate the decision, however, it was deferred by Commissioner Resurreccion for lack of quorum. Concurrently,
Mr. Ang Ping submitted his withdrawal from the elections with his wife, Ma. Zenaida Ang Ping (Mrs. Ang Ping)
replacing him per the recommendation of his political party.
Mr. Ang Ping then filed an Election Protest Ad Cautelam with the House of Representatives Electoral Tribunal
(HRET) while the COMELEC dismissed the resolution in view of the pending HRET protest, which eventually
became just a regular protest which was granted. Roces then filed a motion to dismiss which was denied on the
ground that Mr. Ang Ping was a proper party to file a protest against Roces. This prompted Roces to elevate the
case to the Supreme Court.
STATEMENT OF ISSUE/S:
Whether or not the HRET committed grave abuse of discretion regarding their decision
HOLDING
NO. First, HRET is the sole judge of all contest relating to the election, returns, and qualifications of their respective
members as per Section 17, Article VI of the 1987 Philippine Constitution, hence, the HRET has exclusive
jurisdiction over the case. When Roces also provided the COMELEC’s resolutions as evidence, it was to attest Mr.
Ang Ping’s standing as a candidate, and not to his standing as a petitioner for the election protest. Furthermore,
the COMELEC’s resolutions was declared void ab initio as their decision violated Mr. Ang Ping’s right to due
process when the COMELEC did not give Mr. Ang Ping the opportunity to be heard.