BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES

a collections of case digests and laws that can help aspiring law students to become a lawyer


Case Digest: Walden Bello v Comelec GR 191998 (2010)

6/20/2020

0 Comments

 
ISSUE:  1) whether mandamus lies to compel the COMELEC to disqualify AGPP's nominees motu proprio or to cancel AGPP's registration;   (2) whether the COMELEC can be enjoined from giving due course to AGPP's participation in the May 10, 2010... elections, the canv 

FACTS: 
GPP filed with the Commission on Elections (COMELEC) its Manifestation of Intent to Participate in the May 10, 2010 elections. Subsequently, It filed its Certificate of Nomination together with the Certificates of Acceptance of its nominees wherein the first nominee is Mike Arroyo. Several petitions for disqualification of Arroyo emerged but have been dismissed both by Comelec Second division and comelec en banc. In the interim, AGPP obtained in the May 10, 2010 elections the required percentage of votes sufficient to secure a single seat. This entitled Arroyo, as AGPP’s first nominee, to sit in the House of Representatives. He was proclaimed as AGPP’s duly -elected party-list representative in the House of Representatives. On the same day, Arroyo took his oath of office, as AGPP’s Representative. And, his name was, thereafter, entered in the Roll of Members of the House of Representatives. Thereafter two (2) separate petitions for quo warranto were filed with the House of  Representatives Electoral Tribunal (HRET) questioning Arroyo’s eligibility as AGPP’s representative in the House of Representatives. The HRET took cognizance of the petitions by issuing a Summons directing Arroyo to file his Answer to the two petitions 

DECISION: 
Dismissed 

RATIO DECIDENDI: 
For a writ of mandamus to issue (in G.R. No. 191998), the mandamus petitioners must comply with Section 3 of Rule 65 of the Rules of Court, which provides: "In the present case, the mandamus petitioners failed to comply with the condition that there be "no other plain, speedy and adequate remedy in the ordinary course of law." Under Section 2, in relation with Section 4, of COMELEC Resolution No. 8807 (quoted below), any... interested party may file with the COMELEC a petition for disqualification against a party-list nominee  
0 Comments



Leave a Reply.

    Archives

    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES