Scribd Logo
Upload

Welcome to Scribd!

  • 1 views

    Abayon vs. HRET

    Uploaded by

    christy.casilagan
    Case Digest for Abayon VS HRET 612 SCRA, 375 February 11, 2010

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Abayon vs. HRET

    Uploaded by

    christy.casilagan
    1 views2 pages
    Case Digest for Abayon VS HRET 612 SCRA, 375 February 11, 2010

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Case Digest for Abayon VS HRET 612 SCRA, 375 February 11, 2010

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1 views2 pages

    Abayon vs. HRET

    Uploaded by

    christy.casilagan
    Case Digest for Abayon VS HRET 612 SCRA, 375 February 11, 2010

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    Constitutional Law 1

    Abayon vs. HRET


    612 SCRA, 375, G.R. No. 189466, 2010

    Full Text: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/53661

    Facts:
    In the 2007 elections, Daryl Grace Abayon of the Aangat Tayo party-list and Jovito
    Palparan of the Bantay party-list were the first nominees of their respective party-list
    groups, which won seats in the House of Representatives. However, two separate petitions
    were filed challenging the eligibility of both Abayon and Palparan, as well as their
    respective party-list groups. Both nominees argued that the House of Representatives
    Electoral Tribunal (HRET) did not have jurisdiction over the matter, contending that it was
    the party-list groups, rather than the nominees, who were elected. The HRET dismissed
    the petitions against the party-list groups, clarifying that issues concerning the qualification
    of these groups fell under the jurisdiction of the Commission on Elections (COMELEC).
    However, it maintained that it had jurisdiction over the qualifications of Abayon and
    Palparan themselves.

    ISSUE:
    Whether or not HRET have jurisdiction to decide on the eligibility of party-list nominees
    who won seats in the House of Representatives.

    RULING:
    Yes.
    According to the Constitution, members of the House of Representatives
    include both district representatives and party-list representatives.
    The HRET is responsible for all contests related to the qualifications of House
    members. Since party-list nominees are considered “elected members” once
    they have been proclaimed and have assumed office, the HRET has the
    authority to address their qualifications. The COMELEC’s role in such matters
    ends when the nominee taked office,and jurisdiction transfers to the HRET.

    Sec. 5. (1). The House of Representatives shall be composed of not more than two hundred and fifty members,
    unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces,
    cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the
    basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party‑list
    system of registered national, regional, and sectoral parties or organizations.

    You might also like