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

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