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ROCES vs. HRET
ROCES vs. HRET
ROCES vs. HRET
HRET
FACTS: Miles Roces & Harry Ang-Ping competitors for 3rd Leg. Dist. of Manila, registered voter
Alejandro Gomez challenged Ang-Ping’s qualification (being not a natural-born citizen), responded by
withdrawing candidacy, substituted by wife Zenaida. COMELEC denied due course, votes in favor not
counted. Case was pending before 1st Div. when COMELEC en banc (motu proprio) issued assailed Res.
striking out Ang-Ping’s name & denying Mrs. Ang-Ping’s substitution before the expiration of the
reglementary period. Filed case before HRET w/c gave due course & permitted substitution. Roces files
Certiorari.
ISSUE: Which body has jurisdiction in the case at bar?
HELD: HRET exercises sole jurisdiction & has power to determine jurisdiction, procedure, etc. COMELEC
Res. was void for violating due process (opportunity to be heard was systematically denied). Did not commit
grave abuse of discretion. Certiorari DISMISSED.
MAIN POINT: As a general rule, officers and directors of a corporation hold over after the expiration of
their terms until such time as their successors are elected or appointed. The holdover doctrine has, to be sure,
a purpose which is at once legal as it is practical. It accords validity to what would otherwise be deemed as
dubious corporate acts and gives continuity to a corporate enterprise in its relation to outsiders.