G.R.
No. 148334. January
21, 2004
ARTURO
M. TOLENTINO and ARTURO C. MOJICA vs. COMMISSION ON ELECTIONS, SENATOR RALPH G. RECTO and SENATOR
GREGORIO B. HONASAN
FACTS:
Petitioners assailed the
manner by which the simultaneous regular and special elections of 2001 were
conducted by the COMELEC.Petitioners contend that, if held simultaneously, a
special and a regular election must be distinguished in the documentation as
well as in the canvassing of their results. Thirteen senators were proclaimed
from the said election with the 13th placer to serve that of the remaining term
of Sen. Guingona, who vacated a seat in the senate.
Petitioners sought for
the nullification of the special election and, consequently, the declaration of
the 13th elected senator.
Issue:
1Whether or not Court had jurisdiction.
2Whether or not the
petition was moot.
3Whether or not petioners
had locus standi.
4Whether a Special Election for a Single,
Three-Year Term
Senatorial Seat was Validly Held on 14 May 2001
RULING:
