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Lico-Versus-Comelec

The document discusses a case where a party-list representative, Lico, was expelled from his party-list organization, Ating Koop. The COMELEC upheld the expulsion but the Supreme Court ruled that the COMELEC did not have jurisdiction over expulsions of party-list representatives, and that jurisdiction belongs to the House of Representatives Electoral Tribunal instead.

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Christopher Advincula
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14 views

Lico-Versus-Comelec

The document discusses a case where a party-list representative, Lico, was expelled from his party-list organization, Ating Koop. The COMELEC upheld the expulsion but the Supreme Court ruled that the COMELEC did not have jurisdiction over expulsions of party-list representatives, and that jurisdiction belongs to the House of Representatives Electoral Tribunal instead.

Uploaded by

Christopher Advincula
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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LICO VERSUS COMELEC

G.R. No. 205505, September 29, 2015

FACTS:

Ating Koop was declared as of the winning party list groups on December 8, 2010. It earned a
seat at the House of Representatives, with petitioner Atty. Isidro Q. Lico as its party- list representative.
On May 14, 2011, Ating Koop introduced amendments to its constitution, which cut short the three-
year term of the incumbent members. On December 5, 2011, The interim Central Committee of Ating
Koop expelled Lico for disloyalty. There were allegations of graft and corruption, and Lico’s refusal to
honor the term- sharing agreement. The Lico group had a special meeting in Cebu City, while the Rimas
Group had a Special National Convention in Paranaque City.

The Rimas group filed a petition to COMELEC praying that Lico be ordered to vacate his office
and to notify the meeting that happened in Cebu. COMELEC, Second division upheld the expulsion od
Lico and declared Roberto Mascarina, the elected representative during the Paranaque meeting as duly
qualified nominee of the party- list group.

ISSUE:

Does the COMELEC have jurisdiction over the expulsion of the member of the House of
representative from his Party List Organization?

RULING:

No. COMELEC has no jurisdiction over this case.

Section 17, Article VI of the 1987 Constitution endows the House of Representatives Electoral
Tribunal (HRET) with jurisdiction to resolve questions on the qualifications of members of the Congress.
In the case of Party list representatives, the HRET acquires jurisdiction over a disqualification case upon
proclamation of the winning party- list group. Oath of the nominee, and assumption of office as a
member of the House of Representatives.

In the case at bar, the COMELEC proclaimed Ating Koop as a winning party- list group—
petitioner Lico took his oath and he assumed office in the House of Representative. Thus, it is the HRET,
and not the COMELEC that has the jurisdiction over the disqualification of case. It reasoned that under
Section 17, Article VI of the Constitution, the HRET is the side judge of all contest when it comes to
qualification of the members of the House of Representatives.

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