By requiring a proportional representation in the ca

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Unformatted text preview: sdiction over the case. Does the COMELEC have jurisdiction over the case? A: Yes. HRET’s jurisdiction as the sole judge of all contests relating to elections, etc. of members of Congress begins only after a candidate has become a member of the HoR. Since Imelda has not yet been proclaimed, she is not yet a member of the HoR. Thus, COMELEC retains jurisdiction. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 29 UST GOLDEN NOTES 2011 (Romualdez‐Marcos v. COMELEC, G.R. No. 119976, Sept. 18, 1995) Q: Does the HRET have authority to pass upon the eligibilities of the nominees of the party‐list groups that won in the lower house of Congress? A: Yes. By analogy with the cases of district representatives, once the party or organization of the party‐list nominee has been proclaimed and the nominee has taken his oath and assumed office as member of the HoR, the COMELEC’s jurisdiction over election contests relating to his qualifications ends and the HRET’s own jurisdiction begins. (Abayon v. HRET, G.R. No. 189466, Feb. 11, 2010) Q: What are the valid grounds or just causes for termination of membership to the tribunal? A: 1. Expiration of Congressional term of Office 2. Death or permanent disability 3. Resignation from the political party he represents in the tribunal 4. Formal affiliation with another political party 5. Removal from office for other valid reasons. (Bondoc v. Pineda, G.R. No. 97710, Sept. 26, 1991) Q: Rep. Camasura was a member of the HRET. There was an electoral contest involving his party‐mate and Bondoc. The party instructed him to vote for his party‐mate. However, Rep. Camasura cast a conscience vote in Bondoc’s favor. Thus, the party expelled him from HRET on the gr...
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