#18 Tanada Jr. vs.
HRET  He then filed with SC Ad Cautelam Petition for Certiorari, Mandamus and
GR NO. 217012
Date: March 1, 2016
By: JCPP
Topic: Election Law – Elections, Winners, Election Contests and Second Placers
Petitioners: Wigberto “Toby” Tanada, Jr.
Respondents: House of Representatives Electoral Tribunal (HRET), Angelina “Helen” Tan,
Alvin John Tanada
Ponente: Carpio, J.
DOCTRINE:
FACTS:
 3 candidates filed respective Cert. of Candidacy (CoC) as Representative of 4 th
Legislative District of Province of Quezon for 2013 elections – Wigberto Tanada, Jr.,
Angelina Tan, Alvin John Tanada
 Wigberto filed petitions in COMELEC to seek cancellation of Alvin John’s CoC and
declare him a nuisance candidate (2 cases that were consolidated)
 COMELEC dismissed for lack of merit
 Wigberto filed MR alleging that:
o Assuming Alvin John resided in Quezon for a period of 13 years, said
period was long ago, thus, failed to comply with the 1-year residency
requirement
o That Alvin John was a resident of Paranaque and a voter from 2009 to
2012 when he transferred his voter’s registration to Quezon
o Alvin John’s own tweets and entries in FB are bereft of any political plans
or activities which betray his true intentions to run as member of 4 th
district of Quezon
 COMELEC En Banc denied MR to declare Alvin John a nuisance candidate but
granted MR to cancel Alvin John’s CoC
 Wigberto sought reconsideration of denial of his petition and urge the declaration
of Alvin John as a nuisance candidate on basis of newly discovered evidence
 Name of Alvin John remained in the ballots for the 2013 elections wherein he got
7,038 votes (84,782 for Tan, 80,698 for Wigberto)
 Wigberto filed with Quezon Provincial Board of Canvassers (Quezon PBOC) Petition
to Correct Manifest Errors in the Certificates of Canvass for the Position of Member
of the HoR, 4th district Quezon with Urgent Motion to Suspend Canvass and/or
Proclamation for the Said Position – prayed that COMELEC direct Quezon PBOC to
consolidate in his favor the votes canvassed for Alvin John and proclaim the
candidate with the highest number of votes as the winner
 Quezon PBOC denied motion as votes for Alvin John could not be counted in his
favor since cancellation of Alvin John’s CoC had been on the basis of his material
misrepresentations under Sec. 78 Omnibus Election Code and not on being a
nuisance under Sec. 69 of same Code
 Quezon PBOC proclaimed Tan as winning candidate
 Wigberto filed Supplement to the petition with additional prayer for annulment of
proclamation
Prohibition with Urgent Motion for the Issuance of a Status Quo Ante Order to
assail COMELEC En Banc’s resolution declaring Alvin John not a nuisance candidate
and order the COMELEC to credit the votes received by Alvin John in his favor
o Also filed with HRET the election protest ad cautela
 Then, COMELEC favorably acted on motion to annual proclamation of Tan and
directed Quezon PBOC to credit votes of Alvin John to WIgberto and declare winner
after recomputation of votes
 Meanwhile, while certiorari was still pending in SC, COMELEC En Banc affirmed
action of COMELEC
 However, Tan had by then taken her oath and assumed office past noon time of
June 30, 2013, rendering the adverse resolution on her proclamation moot
 Then, SC dismissed Ad Cautelam Petition for Certiorari, Mandamus and Prohibition
o That the proclamation of congressional candidate following the election
divests COMELEC of jurisdiction over disputes relating to election, returns
and qualifications of proclaimed representative in favor of HRET
o Election, returns, qualification – all matters affecting validity of
contestee’s title
 Election – conduct of polls, including listing of voters, holding of
electoral campaign, casting and counting of votes
 Return – canvass of the returns and proclamation of winners,
including questions concerning the composition of the board of
canvassers and authenticity of the election returns
 Qualifications – matters that could be raised in quo warranto
proceeding against proclaimed winner, such as his disloyalty or
ineligibility or inadequacy of his COC
o As Angelina had already been proclaimed member of HoR for 4 th District
of Quezon on May 16, took oath and assumed office on June 30, SC is
now without jurisdiction to resolve the case
o Issues concerning the conduct of the canvass and resulting proclamation
of Tan properly fall under HRET’s sole jurisdiction
 HRET’s Ruling – DISMISSED PETITION
o Wigberto did not commit forum-shopping as he sought exclusive relief
from HRET for his electoral protest in the belief that it was the proper
forum for his predicament and did not go to HRET to look for friendly
forum to obtain favorable result
o However, election protest was insufficient in form and substance as it
failed to allege the facts to support valid election protest as required by
Rule 16 of 2011 HRET Rules
o Contents of his Election protest were more appropriate for a petition to
annul Tan’s proclamation
o That the material fraud in election protest must be of an “intrinsic nature
as to which the protestant was caught off his guard” and not extrinsic
o That it has no jurisdiction to declare Alvin John a nuisance candidate as its
power to judge election contests, based from the Constitution, is limited
to Members of HoR (Alvin John is not a member of HoR)
ISSUE: W/N Wigberto may file an MR on COMELEC En Banc’s decision – NO
HELD/RATIO : Wigberto committed procedural errors
  Jan. 29, 2013 – COMELEC 1st division dismissed petitions for lack of merit
 April 25, 2013 – Upon MR, COMELEC En Banc upheld decision of COMELEC 1 st
Division
 Upon MR – COMELEC En Banc cancelled Alvin John’s CoC for having committed
false material representations concerning residency
 May 15, 2013 – Wigberto filed 2 nd Motion for Partial Reconsideration of COMELEC
En Banc ruling on ground of newly discovered evidence
 May 15 and 16, 2013 – Wigberto filed with COMELEC En Banc Extremely Urgent
Motion to Admit Additional and Newly Discovered Evidence and Urgently Resolve
MR and Urgent Manifestation and Supplemental
 May 27, 2013 – As the motion was unacted, he filed Ad Cautelam Petition for
Certiorari with SC
 Wigberto filed prohibited pleading – MR of a resolution of COMELEC En Banc as
Sec. 1(d) Rule 13 of COMELEC Rules of Procedure specifically prohibits filing of MR
of an en banc ruling, resolution, order or decision except in election offense cases
 Wigberto filed his petition beyond period provided by COMELEC Rules of
Procedure
o COMELEC En Banc’s decision – April 25
o Wigberto filed petition on May 27
o Thus, COMELEC En Banc’s resolution on Alvin John’s alleged nuisance
candidacy was already final and executory (Rule 37, Section 3 COMELEC
Rules of Procedure)
 What Wigberto should have done was to file a petition for certiorari with this
Court within 5 days from promulgation of April 25 resolution of COMELEC En Banc
 Wigberto failed to timely assail through a petition for certiorari the COMELEC En
Banc resolution declaring Alvin John was not a nuisance candidate
WHEREFORE, we DISMISS the petition and AFFIRM the assailed Resolutions promulgated on
25 September 2014 and 22 January 2015 by the House of Representatives Electoral Tribunal
in HRET Case No. 13-018 (EP).
SO ORDERED.
NOTES:
Fraud perpetrated upon Wigberto in the fielding of Alvin John as a nuisance candidate:
 Lawyers, who are the counsels of Alvin John, sponsored the candidacy of Alvin John
as a nuisance candidate to confuse and mislead voters into voting Alvin John
instead of him (both are Tanada)
 Alvin John is not a resident of and/or never resided in 4 th District of Quezon
 Was never seen campaigning in 4th District of Quezon nor did he have any posters
in common poster areas nor attend any campaign rally or candidate’s forum and
didn’t even bother to vote in May 13, 2013 Elections
Section 3, Rule 37 of the COMELEC Rules of Procedure provides:
Section 3. Decisions Final After Five Days. — Decisions in pre- proclamation cases
and petitions to deny due course to or cancel certificates of candidacy, to declare a
candidate as nuisance candidate or to disqualify a candidate, and to postpone or
suspend elections shall become final and executory after the lapse of five (5) days
from their promulgation, unless restrained by the Supreme Court.

ISSUE: W/N HRET has jurisdiction over the case – YES, however, Wigberto filed out of time
HELD/RATIO :
 If Wigberto timely filed a petition before HRET within the period allotted for special
actions and questioned Alvin John’s nuisance candidacy, it will be proper for HRET
to assume jurisdiction and rule on the matter
 COMELEC EN Banc’s ruling on Alvin John’s nuisance candidacy had long become
final and executory
 Wigberto’s petition challenging Alvin John’s nuisance candidacy filed before the
HRET, and now before SC, is a mere afterthought
 It is not enough for Wigberto to have Alvin John’s CoC cancelled because the effect
of such cancellation only leads to stray votes
o Alvin John must also be declared a nuisance candidate because only then
will Alvin John’s votes be credited to Wigberto
 Considering that Angelina had already been proclaimed as member of HoR, as he
has taken her oath and assumed office, SC is now without jurisdiction to resolve
the case at bar
 Issues concerning conduct of canvass and resulting proclamation of Tan properly
fall under the HRET’s sole jurisdiction