Amores vs. HRET, G.R. No. 189600, June 29, 2010 [Case Digest]

 

Amores vs. HRET,

G.R. No. 189600, June 29, 2010

En Banc [CARPIO MORALES, J]

Facts:

            Milagros E. Amores (petitioner) challenges the Decision of May 14, 2009 and Resolution No. 09-130 of August 6, 2009 of the House of Representatives Electoral Tribunal (public respondent), which respectively dismissed petitioner’s Petition for Quo Warranto questioning the legality of the assumption of office of Emmanuel Joel J. Villanueva (private respondent) as representative of the party-list organization Citizens’ Battle Against Corruption (CIBAC) in the House of Representatives, and denied petitioner’s Motion for Reconsideration.

            In her Petition for Quo Warranto seeking the ouster of private respondent, petitioner alleged that, among other things, private respondent assumed office without a formal proclamation issued by the Commission on Elections (COMELEC); he was disqualified to be a nominee of the youth sector of CIBAC since, at the time of the filing of his certificates of nomination and acceptance, he was already 31 years old or beyond the age limit of 30 pursuant to Section 9 of Republic Act (RA) No. 7941, otherwise known as the Party-List System Act; and his change of affiliation from CIBAC’s youth sector to its overseas Filipino workers and their families sector was not effected at least six months prior to the May 14, 2007 elections so as to be qualified to represent the new sector under Section 15 of RA No. 7941.

            As earlier reflected, public respondent, by Decision of May 14, 2009, dismissed petitioner’s Petition for Quo Warranto, finding that CIBAC was among the party-list organizations which the COMELEC had partially proclaimed as entitled to at least one seat in the House of Representatives through National Board of Canvassers (NBC) Resolution No. 07-60 dated July 9, 2007. It also found the petition which was filed on October 17, 2007 to be out of time, the reglementary period being 10 days from private respondent’s proclamation.

            In the matter of private respondent’s shift of affiliation from CIBAC’s youth sector to its overseas Filipino workers and their families sector, public respondent held that Section 15 of RA No. 7941 did not apply as there was no resultant change in party-list affiliation.

 

Issue:

            Whether petitioner’s Petition for Quo Warranto was dismissible for having been filed unseasonably

 

Held:

            No; the Court finds that public respondent committed grave abuse of discretion in considering petitioner’s Petition for Quo Warranto filed out of time. Its counting of the 10-day reglementary period provided in its Rules from the issuance of NBC Resolution No. 07-60 on July 9, 2007 is erroneous.

            To be sure, while NBC Resolution No. 07-60 partially proclaimed CIBAC as a winner in the May, 2007 elections, along with other party-list organizations, it was by no measure a proclamation of private respondent himself as required by Section 13 of RA No. 7941.

            Considering, however, that the records do not disclose the exact date of private respondent’s proclamation, the Court overlooks the technicality of timeliness and rules on the merits. Alternatively, since petitioner’s challenge goes into private respondent’s qualifications, it may be filed at anytime during his term.

            Qualifications for public office are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officer's entire tenure. Once any of the required qualifications is lost, his title may be seasonably challenged.

 

Issue 2:

            Whether Sections 9 and 15 of RA No. 7941 [age requirement for youth sector nominees] apply to private respondent.

 

Held:

            Yes. The Court finds no textual support for public respondent’s interpretation that Section 9 applied only to those nominated during the first three congressional terms after the ratification of the Constitution or until 1998, unless a sectoral party is thereafter registered exclusively as representing the youth sector.

            A cardinal rule in statutory construction is that when the law is clear and free from any doubt or ambiguity, there is no room for construction or interpretation. There is only room for application.

            As the law states in unequivocal terms that a nominee of the youth sector must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election, so it must be that a candidate who is more than 30 on election day is not qualified to be a youth sector nominee. Since this mandate is contained in RA No. 7941, the Party-List System Act, it covers ALL youth sector nominees vying for party-list representative seats.

As petitioner points out, RA No. 7941 was enacted only in March, 1995. There is thus no reason to apply Section 9 thereof only to youth sector nominees nominated during the first three congressional terms after the ratification of the Constitution in 1987. Under this interpretation, the last elections where Section 9 applied were held in May, 1995 or two months after the law was enacted. This is certainly not sound legislative intent, and could not have been the objective of RA No. 7941.

There is likewise no rhyme or reason in public respondent’s ratiocination that after the third congressional term from the ratification of the Constitution, which expired in 1998, Section 9 of RA No. 7941 would apply only to sectoral parties registered exclusively as representing the youth sector. This distinction is nowhere found in the law. Ubi lex non distinguit nec nos distinguire debemus. When the law does not distinguish, we must not distinguish.

Respecting Section 15 of RA No. 7941, the Court fails to find even an iota of textual support for public respondent’s ratiocination that the provision did not apply to private respondent’s shift of affiliation from CIBAC’s youth sector to its overseas Filipino workers and their families sector as there was no resultant change in party-list affiliation. Section 15 reads: Section 15. Change of Affiliation; Effect. Any elected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat: Provided, That if he changes his political party or sectoral affiliation within six (6) months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.

            It is, therefore, beyond cavil that Sections 9 and 15 of RA No. 7941 apply to private respondent. The Court finds that private respondent was not qualified to be a nominee of either the youth sector or the overseas Filipino workers and their families sector in the May, 2007 elections.

            WHEREFORE, the petition is GRANTED. The Decision dated May 14, 2009 and Resolution No. 09-130 dated August 6, 2009 of the House of Representatives Electoral Tribunal are SET ASIDE. Emmanuel Joel J. Villanueva is declared ineligible to hold office as a member of the House of Representatives representing the party-list organization CIBAC.