The COMELEC issued Resolution No 8744 giving due course to CIBACs Manifestation

The comelec issued resolution no 8744 giving due

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§ The COMELEC issued Resolution No. 8744 giving due course to CIBAC’s Manifestation “ WITHOUT PREJUDICE ... To the determination which of the two factions of the registered party-list/coalitions/sectoral organizations which filed two (2) manifestations of intent to participate is the official representative of said party- list/coalitions/sectoral organizations.” § On 19 January 2010, respondents, led by President and Chairperson Emmanuel Joel J. Villanueva, submitted the Certificate of Nomination of CIBAC to the COMELEC Law Department. o The nomination was certified by Villanueva and Virginia S. Jose. § On 26 March 2010, Pia Derla submitted a second Certificate of Nomination, which included petitioners Luis Lokin, Jr. and Teresita Planas as party-list nominees. Derla affixed to the certification her signature as acting secretary-general of CIBAC. § Claiming that the nomination of petitioners was unauthorized, respondents filed with the COMELEC a „Petition to Expunge From The Records And/Or For Disqualification, seeking to nullify the Certificate filed by Derla. Respondents contended that Derla had misrepresented herself as acting secretary- general when she was not even a member of CIBAC; that the Certificate of Nomination and other documents she submitted were unauthorized by the party and therefore invalid; and that it was Villanueva who was duly authorized to file the Certificate of Nomination on its behalf. § The COMELEC First Division granted the Petition, ordered the Certificate filed by Derla to be expunged from the records, and declared respondents faction as the true nominees of CIBAC. Upon Motion for Reconsideration separately filed by the adverse parties, the COMELEC en banc affirmed the Division’s findings. In a per curiam Resolution, the Commission reiterated that Pia Derla was unable to prove her authority to file the said Certificate, whereas respondents presented overwhelming evidence that Villanueva deputized CIBAC Secretary General Virginia Jose to submit the Certificate of Nomination pursuant to CIBAC’s Constitution and bylaws. § This prompted Luis Lokin, Jr. and Teresita F. Planas to file a Petition for Certiorari alleging grave abuse of discretion on the part of the COMELEC in issuing both Resolutions, praying that they be recognized as the legitimate nominees of CIBAC party-list, and that petitioner Lokin, Jr. be proclaimed as the CIBAC party-list representative to the House of Representatives. ISSUES: 1. WON the authority of Secretary- General Virginia Jose to file the party’s Certificate of Nomination is an intra-corporate matter, exclusively cognizable by special commercial courts, and over which the COMELEC has no jurisdiction? 2. WON the COMELEC erred in granting the Petition for Disqualification and recognizing respondents as the properly authorized nominees of CIBAC party-list? . (MAIN ISSUE) HELD: 1. NO. In the 2010 case Atienza v. Commission on Elections , 612 SCRA 761 (2010), it was expressly settled that the COMELEC possessed the authority to resolve intra-party disputes as a necessary tributary
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  • Fall '19
  • Supreme Court of the United States, COMELEC

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