HELD 1 The COMELEC has jurisdiction over cases pertaining to party leadership

Held 1 the comelec has jurisdiction over cases

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HELD: (1) The COMELEC has jurisdiction over cases pertaining to party leadership and the nomination of party-list representatives. The present dispute stemmed from an intra-corporate matter, their submissions even recognize the COMELEC’s constitutional power to enforce and administer all laws relative to the conduct of an election, plebiscite, initiative, referendum, and recall. More specifically, as one of its constitutional functions, the COMELEC is also tasked to "register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government.” Section 2, Article IX-C of the Constitution, "include the ascertainment of the identity of the political party and its legitimate officers responsible for its acts." The Court also declared that the COMELEC’s power to register political parties necessarily involved the determination of the persons who must act on its behalf. Thus, the COMELEC may resolve an intra-party leadership dispute, in a proper case brought before it, as an incident of its power to register political parties. (2) No error because it is indicated clearly in the law that Sec. 9. Qualifications of Party-List Nominees. No person shall be nominated as party-list representative unless he is a natural-born citizen of the Philippines, a registered voter, a resident of the Philippines for a period of not less than one (1)year immediately preceding the day of the election, able to read and write, a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and is at least twenty-five (25) years of age on the day of the election. Pia Derla, who is not even a member of CIBAC, is thus a virtual stranger to the party- list, and clearly not qualified to attest to petitioners as CIBAC nominees, or certify their nomination to the COMELEC. Petitioners cannot use their registration with the SEC as a substitute for the evidentiary requirement to show that the nominees, including Derla, are bona fide members of the party. Petitioners Planas and Lokin, Jr. have not even presented evidence proving the affiliation of the so-called Board of Trustees to the CIBAC Sectoral Party that is registered with COMELEC.
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TITLE: Romualdez-Marcos vs. COMELEC CITATION: 248 SCRA 300 FACTS: Imelda, a little over 8 years old, in or about 1938, established her domicile in Tacloban, Leyte where she studied and graduated high school in the Holy Infant Academy from 1938 to 1949. She then pursued her college degree, education, in St. Paul’s College now Divine Word University also in Tacloban. Subsequently, she taught in Leyte Chinese School still in Tacloban. She went to manila during 1952 to work with her cousin, the late speaker Daniel Romualdez in his office in the House of Representatives. In 1954, she married late President Ferdinand Marcos when he was still a Congressman of Ilocos Norte and was registered there as a voter. When Pres. Marcos
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  • Fall '15
  • Law, The Bible, Separation of Powers, United States nationality law, COMELEC

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