The Secretary General of CIBAC informed the Secretary General of the HR to

The secretary general of cibac informed the secretary

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The Secretary General of CIBAC informed the Secretary General of the HR to formally swear Lokin into office but which was denied in view of the pendency of E.M. No. 07-054 which approved the withdrawal of the nominations of Lokin et. al. and the substitution of Borje. Cruz-Gonzales was proclaimed as the official second nominee. Lokin brought before the SC via Mandamus to compel respondent Comelec to proclaim him as the official second nominee of CIBAC. Also, in another petition, Lokin assailed Sec. 13 of Resolution No. 7804 (Rules and Regulations Governing the filing of Manifestation of Intent to Participate and submission of Names of Nominees under the Party- List) and its resolution in E.M. No. 07-054. The Comelec asserts that a petition for certiorari is an inappropriate recourse in law due to the proclamation of Cruz-Gonzales as representative and her assumption of that office; that Lokin’s proper recourse was an electoral protest filed in the HRET, therefore, the Court has no jurisdiction over the matter being raised by Lokin. CIBAC posits that Lokin is guilty of forum shopping for filing a petition for mandamus and a petition for certiorari, considering that both petitions ultimately seek to have him proclaimed as the second nominee of CIBAC. ISSUES : a) Whether or not the Court has jurisdiction over the controversy. The Court has jurisdiction. The controversy involving Lokin is neither an EP nor an action for QW, for it concerns a very peculiar situation in which Lokin is seeking to be seated as second nominee of CIBAC. Although an EP may properly be available to one part-list organization seeking to unseat another party-list organization to determine which between the defeated and the winning party-list organizations actually obtained the majority of the legal votes, Lokin’s case is not one in which a nominee of a particular party-list organization thereby wants to unseat another nominee of the same party list. Neither does an action for QW lie, considering that the case does not involve the ineligibility and disloyalty of Cruz-Gonzales to the RP, or some other case of disqualification. Lokin has correctly brought this special civil action for certiorari against the Comelec to seek the review of its resolution in accordance with Section 7 of Article IX-A of the 1987 Constitution, notwithstanding the oath and assumption of office by Cruz-Gonzales. The constitutional mandate is now implemented by Rule 64 of the 1997 Rules of Procedure, which provides for the review of the judgments, final orders or resolution of the Comelec and the Commission on Audit. As Rule 64 states, the mode of review is by a petition for certiorari in accordance with Rule 65 to be filed in the SC within the limited period of 30 days. The Court has original and exclusive jurisdiction over Lokins certiorari and for mandamus.
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