G.R. No. 45352 - OCTOBER 1938 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. 45352October 31, 1938 Gerardo Morrero vs. Juan L. Bocar, et al. G.R. No. 44312October 31, 1938 Mariano R. Lacson vs. Gil M. Montilla G.R. No. 45545October 28, 1938 People of the Philippines vs. Antonio Bataller, et al. G.R. No. 44072October 28, 1938 Gregorio dela Paz vs. Macondray & Company, Inc. G.R. No. 44041October 28, 1938 Quintin de Borja vs. Feliciana Mariano G.R. No. 43673 and 43674October 24, 1938 Licerio Legaspi, et al. vs. Damaso Celestial G.R. No. 43429October 24, 1938 Benito Gonzalez vs. Florentino de Jose G.R. No. 45919October 24, 1938 Rodrigo Garcia Matta, et al. vs. Philippine National Bank G.R. No. 45618October 18, 1938 People of the Philippines vs. Esminia Pudol, et al. G.R. No. 45649-45652October 17, 1938 People of the Philippines vs. Antonio P. Cid G.R. No. 45514October 17, 1938 People of the Philippines vs. Francisco Genato G.R. No. 45532October 13, 1938 People of the Philippines vs. Prudencio Fevidal G.R. No. 45520October 11, 1938 People of the Philippines vs. Clotilde Reyes de Valenzuela G.R. No. 46198October 10, 1938 In re: Roman Lazo Jacobe Lazo vs. Mauro Lazo G.R. No. 46095October 10, 1938 People of the Philippines vs. Custodia Rosel G.R. No. 46193October 10, 1938 Government of the Philippine Islands vs. Visayan Surety, et al. G.R. No. 45901October 10, 1938 People of the Philippines vs. Martin Ferry, et al. The Lawphil Project - Arellano Law Foundation, Inc. Gerardo Morrero vs. Juan L. Bocar, et al. Mariano R. Lacson vs. Gil M. Montilla People of the Philippines vs. Antonio Bataller, et al. Gregorio dela Paz vs. Macondray & Company, Inc. Quintin de Borja vs. Feliciana Mariano Licerio Legaspi, et al. vs. Damaso Celestial Benito Gonzalez vs. Florentino de Jose Rodrigo Garcia Matta, et al. vs. Philippine National Bank People of the Philippines vs. Esminia Pudol, et al. People of the Philippines vs. Antonio P. Cid People of the Philippines vs. Francisco Genato People of the Philippines vs. Prudencio Fevidal People of the Philippines vs. Clotilde Reyes de Valenzuela In re: Roman Lazo Jacobe Lazo vs. Mauro Lazo People of the Philippines vs. Custodia Rosel Government of the Philippine Islands vs. Visayan Surety, et al. People of the Philippines vs. Martin Ferry, et al. The Lawphil Project - Arellano Law Foundation, Inc.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 45352 October 31, 1938
GERARDO MORRERO,petitioner,
vs.
JUAN L. BOCAR and THE AUDITOR GENERAL,respondents.
Vicente del Rosario for petitioner.
Norberto Romualdez for respondent Bocar.
Undersecretary of Justice Melencio and Solicitor-General Tuason for respondent Auditor general.
ABAD SANTOS,J.:
Petitioner Gerardo Merrero and respondent Juan L. Bocar were candidates for membership of the national assembly from the third district of the Province of Samar. As a result of the canvass of votes cast in the election, the provincial board of canvassers proclaimed the election of respondent Bocar with a total of 5,213 votes as against 4,350 vote cast for the petitioner Morrero. Bocar took the oath of office on November 15, 1935. Shortly, Thereafter, Morrero filed with the Electoral Commission a protest alleging, among other things:
That the protestee, Juan L. Bocar, was born sometimes in May, 1906, and consequently, he was not thirty years of age or over as required by Article VI, section 2, of the Constitution of the Philippines at the time of his election as Member of the national assembly; nor will he have attained the age required by the said Constitution at the beginning of his term of office, upon the issuance of the proclamation by the President of the united States, announcing the results of the election, which will be made to coincide with the inauguration of the commonwealth of the Philippines on November 15, 1935; and that he was, therefore, ineligible for election and to assume office as Member of the National Assembly.
Morrero prayed "that this Honorable Electoral Commission declares the protestee, Juan L. Bocar, ineligible for the office of Member of the National Assembly and his election to said office null and void; and that the herein protestant, Gerardo Morrero, be declared the duly elected Member of the national Assembly, giving him such other remedy as may be deemed just and equitable in the premises." After due hearing, the Electoral Commission dismissed the protest.
The real object of the present petition is to have this court review the decision of the Electoral commission and "issue an order prohibiting the respondent Auditor general from passing in audit or authorizing in any way the disbursement of funds of the national Assembly as emoluments for the respondent, Juan L. Bocar, and declaring that the latter is without right to continue holding the office of member of the National Assembly from the 3rd district of Samar."
Section 4 of Article VI of the Constitution provides that
". . . The Electoral Commission shall be the sole judge of all contests relating to the election, returns, and qualifications of the Members of the National Assembly." The language of this provisions is clear. It vests in the Electoral Commission exclusive jurisdiction to pass upon the qualifications of a member of the national Assembly. The judgment rendered by the commission in the exercise of such an acknowledged power is beyond judicial interference, except, in any event, "upon a clear showing of such arbitrary and improvident use of the power as will constitute a denial of due process of law." (Barry vs. United Statesex rel. Cunningham, 279 U. S., 597; 73 Law. ed., 867, Angara vs. Electoral Commission, 35 Off. Gaz., 23.)
The decision involved in this proceeding was rendered by the Electoral Commission after due hearing. It held "that Juan L. Bocar was, under the Constitution, elected Member of the National Assembly for the third district of Samar." This decision is final and beyond the authority of this court to review.lâwphi1.nêt
The petition in this case is dismissed with costs, So ordered.
Avanceña, C.J., Diaz, Concepcion, Horrilleno and Moran, JJ., concur.