Case Digest: Coalition of Asso. of Senior Citizens in the Phil. v Comelec, 201 SCRA 786 (2013)

ISSUE:  Whether or not there was grave abuse of discretion on the part of COMELEC for issuing Resolution without due process.

FACTS:  On May 5, 2010, the nominees of SENIOR CITIZENS signed an agreement, entitled Irrevocable Covenant, containing the list of nominees to share power in their sharing power agreement.   The COMELEC issued a Omnibus Resolution in SPP No. 12-157 (PLM) and SPP No. 12-191 (PLM) stating that the list of nominees submitted to them shall be permanent. This is in lieu of the empty seat in Congress after the 2010 elections following the resignation of Rep. Kho. Two SENIOR CITIZENS were allocated seats in the House of Representatives, the first being Rep. Arquiza, and Rep. Kho as the second.   Rep. Arquiza, honoring Rep. Kho’s resignation, stated that their fourth nominee shall take the latter’s seat considering that the third nominee, Datol, has previously been expelled from the party.    COMELEC claims that they shall stay true to the list presented by SENIOR CITIZENS, regardless of Datol’s (being the third nominee) expulsion. Also that the resignation of Rep. Kho shall not be recognized because it will change the order of nominees.   

DECISION:  Yes 

RATIO DECIDENDI:  There is grave abuse on the part of COMELEC for violating due process. Instead, the COMELEC issued the May 10, 2013 Omnibus Resolution in SPP No. 12157 (PLM) and SPP No. 12-191 (PLM) without conducting any further proceedings.   The Court ruled that the Omnibus Resolution dated May 10, 2013 of the Commission on Elections En Banc in SPP No. 12-157 (PLM) and SPP No. 12-191 (PLM) is REVERSED and SET ASIDE insofar as Coalition of Associations of Senior Citizens in the Philippines, Inc. is concerned, and that the Commission on Elections En Banc is ORDERED to PROCLAIM the Coalition of Associations of Senior Citizens in the Philippines, Inc. as one of the winning party-list organizations during the May 13, 2013 elections with the number of seats it may be entitled to based on the total number of votes it garnered during the said elections.