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    LOKIN V COMELEC

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    Lloyd David P. Vicedo
    The Supreme Court ruled that CIBAC did not have the proper authority to remove Lokin from its list of nominees and substitute Borje in his place. Section 8 of the relevant law only allows a party-list organization to change its nominees if the nominee dies, withdraws in writing, or becomes incapacitated. The COMELEC did not have authority to expand the exceptions beyond what was provided by law. The Court annulled the COMELEC resolutions, and proclaimed Lokin as the second nominee of CIBAC.

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    LOKIN V COMELEC

    Uploaded by

    Lloyd David P. Vicedo
    44 views1 page
    The Supreme Court ruled that CIBAC did not have the proper authority to remove Lokin from its list of nominees and substitute Borje in his place. Section 8 of the relevant law only allows a party-list organization to change its nominees if the nominee dies, withdraws in writing, or becomes incapacitated. The COMELEC did not have authority to expand the exceptions beyond what was provided by law. The Court annulled the COMELEC resolutions, and proclaimed Lokin as the second nominee of CIBAC.

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    Constitutional Law Case Digest

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    LOKIN v COMELEC

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    The Supreme Court ruled that CIBAC did not have the proper authority to remove Lokin from its list of nominees and substitute Borje in his place. Section 8 of the relevant law only allows a party-list organization to change its nominees if the nominee dies, withdraws in writing, or becomes incapacitated. The COMELEC did not have authority to expand the exceptions beyond what was provided by law. The Court annulled the COMELEC resolutions, and proclaimed Lokin as the second nominee of CIBAC.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    44 views1 page

    LOKIN V COMELEC

    Uploaded by

    Lloyd David P. Vicedo
    The Supreme Court ruled that CIBAC did not have the proper authority to remove Lokin from its list of nominees and substitute Borje in his place. Section 8 of the relevant law only allows a party-list organization to change its nominees if the nominee dies, withdraws in writing, or becomes incapacitated. The COMELEC did not have authority to expand the exceptions beyond what was provided by law. The Court annulled the COMELEC resolutions, and proclaimed Lokin as the second nominee of CIBAC.

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    © All Rights Reserved
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    LOKIN v COMELEC

    G.R. Nos. 179431-32 June 22, 2010


    BERSAMIN, J.
    FACTS:
    CIBAC, a duly registered party-list, manifested their intent to participate in the upcoming
    elections, with five nominees filed by Villanueva, namely: (1) Villanueva, (2) Lokin, (3) Cruz-
    Gonzales, (4) Tugna, and (5) Galang. The nominees’ certificates of acceptance were attached
    to the certificate of nomination filed by CIBAC. The list of nominees was later published in
    two newspapers of general circulation.
    Prior to elections, Villanueva filed a certificate of nomination, substitution and amendment
    of the list of nominees, withdrawing Lokin, Tugna, and Galang and subtituting Borje as one
    of the nominees. The amended list is as follows: (1) Villanueva, (2) Cruz-Gonzalez, and (3)
    Borje.
    The COMELEC issued Resolution No. 8219, whereby it resolved to set the matter pertaining
    to the validity of the withdrawal of the nominations of Lokin, Tugna and Galang and the
    substitution of Borje for proper disposition and hearing.
    The COMELEC en banc explained that the actions of Villanueva in his capacity as the
    president of CIBAC were presumed to be within the scope of his authority as such.
    Borje was eventually proclaimed as second official nominee. Lokin seeks through
    mandamus to compel respondent COMELEC to proclaim him as the official second
    nominee of CIBAC.
    ISSUE:
    Whether or not CIBAC has the proper authority to remove Lokin from the list of nominees
    as substitute Borje in his place.
    RULING:
    NO. The provision is daylight clear. Section 8 of R.A. No. 7941 only provides for three (3)
    grounds for the changing of nominees. The Legislature thereby deprived the party-list
    organization of the right to change its nominees or to alter the order of nominees once the
    list is submitted to the COMELEC, except when: (a) the nominee dies; (b) the nominee
    withdraws in writing his nomination; or (c) the nominee becomes incapacitated. The
    provision must be read literally because its language is plain and free from ambiguity, and
    expresses a single, definite, and sensible meaning.
    The usage of "No" in Section 8 – "No change of names or alteration of the order of nominees
    shall be allowed after the same shall have been submitted to the COMELEC except in cases
    where the nominee dies, or withdraws in writing his nomination, or becomes incapacitated,
    in which case the name of the substitute nominee shall be placed last in the list" – renders
    Section 8 a negative law, and is indicative of the legislative intent to make the statute
    mandatory. 
    Furthermore, COMELEC expanded the exception under Sec. 13 of RA 7941, of which they
    are not authorized to do so; only the Legislature may do such thing.  The COMELEC did
    not merely reword or rephrase the text of Section 8 of R.A. No. 7941, because it established
    an entirely new ground not found in the text of the provision. The new ground granted to
    the party-list organization the unilateral right to withdraw its nomination already
    submitted to the COMELEC, which Section 8 of R.A. No. 7941 did not allow to be done.
    The petitions were granted, and the resolutions in question was ANNULED and SET ASIDE.
    Lokin was proclaimed a party-list representative of CIBAC.

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