12membersofthehorsec18artvi note a political party

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Unformatted text preview: sole judge of all contests relating to the election, returns, and qualifications of their respective members (Sec. 17, Art. VI, 1987 Constitution). This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner. Note: The electoral tribunal has rule‐making power (Lazatin v. HRET, G.R. No. L‐84297, Dec. 8, 1988). It is independent of the Houses of Congress and its decisions may be reviewed by the Supreme Court only upon showing of grave abuse of discretion. The mere fact that the members of either the Senate or the House sitting on the electoral tribunal are those which are sought to be disqualified due to the filing of an election contest against them does not warrant all of them from being disqualified from sitting in the ET. Q: What is an election contest? A: Where a defeated candidate challenges the qualification and claims for himself the seat of the proclaimed winner. Note: In the absence of an election contest, ET is without jurisdiction. Once a winning candidate has been proclaimed, taken his oath, and assumed office as a member of the HoR, COMELEC’s jurisdiction over election contests relating to his election, returns, and qualification ends, and the HRET’s own jurisdiction begins. The phrase “election, returns, and qualifications” should be interpreted in its totality as referring to all matters affecting the validity of the contestee’s title. (Vinzons‐Chato v. COMELEC, G.R. No. 172131, Apr. 2, 2007) Q: In the absence of election contest, what power does each House have over its members? A: The power of each House to expel its members or even to defer their oath taking until their qualifications are determined may still be exercised even without an election contest. Q: Imelda ran for HoR. A disqualification case was filed against her on account of her residence. The case was not resolved before the election. Imelda won the election. However, she was not proclaimed. Imelda now questions the COMELEC’s juri...
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