G.R. No. 150605
December 10, 2002
EUFROCINO M. CODILLA, SR. vs. HON. JOSE DE VENECIA, ROBERTO P. NAZARENO, in their official capacities as
Speaker and Secretary-General of the House of Representatives, respectively,
and MA. VICTORIA L. LOCSIN
and MA. VICTORIA L. LOCSIN
Facts:
Petitioner garnered the
highest votes in the election for representative in the 4th district
of Leyte as against respondent Locsin. Petitioner won while a disqualification
suit was pending. Respondent moved for the suspension of petitioner’s proclamation.
By virtue of the Comelec ex parte order, petitioner’s proclamation was
suspended. Comelec later on resolved that petitioner was guilty of soliciting
votes and consequently disqualified him. Respondent Locsin was proclaimed winner.
Upon motion by petitioner, the resolution was however reversed and a new
resolution declared respondent’s proclamation as null and void. Respondent made
his defiance and disobedience to subsequent resolution publicly known while
petitioner asserted his right to the office he won.
Issues:
1.
Whether or
not respondent’s proclamation was valid.
2.
Whether or
not the Comelec had jurisdiction in the instant case.
3.
Whether or
not proclamation of the winner is a ministerial duty.
RULING: See: Codilla vs.De Venecia RULING
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