G.R. No. 150605 December 10, 2002
EUFROCINO M. CODILLA, SR., petitioner, 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, respondents.

FACTS

Petitioner Eufrocino M. Codilla, Sr. and respondent Ma. Victoria L. Locsin were candidates for Representative of the 4th legislative district of Leyte in the May 14, 2001 elections. On May 8, 2001, a Petition for Disqualification was filed against Codilla for alleged indirect solicitation of votes. The COMELEC Second Division issued an Ex-Parte Order on May 18, 2001, directing the suspension of Codilla’s proclamation. The final election results showed Codilla garnered 71,350 votes against Locsin’s 53,447 votes. On June 14, 2001, the COMELEC Second Division promulgated a Resolution disqualifying Codilla and directing the immediate proclamation of the candidate with the highest number of votes. Consequently, Codilla’s votes were declared stray, and on June 15, 2001, Locsin was proclaimed the winner. Codilla filed a Motion for Reconsideration with the COMELEC en banc. On October 24, 2001, the COMELEC en banc granted Codilla’s Motion for Reconsideration, reversed the Second Division’s Resolution, dismissed the disqualification case, and ordered Codilla’s proclamation as the duly elected Representative. Despite this final COMELEC decision, the House of Representatives, through respondents Speaker Jose De Venecia and Secretary-General Roberto P. Nazareno, refused to administer the oath to Codilla and register him in the Roll of Members, while Locsin continued to hold the office.

ISSUE

Whether the House of Representatives officials can be compelled via mandamus to administer the oath of office to and register petitioner Codilla as a Member of the House, and whether a quo warranto action lies against respondent Locsin for unlawfully holding the office.

RULING

Yes. The Supreme Court granted the Petition for Mandamus and Quo Warranto.
The COMELEC en banc’s October 24, 2001 Resolution had become final and executory. The duty of the House officials to administer the oath and register the winning candidate is ministerial once the COMELEC’s final decision is presented. Mandamus lies to compel the performance of this ministerial duty. The Court emphasized that the sovereign will of the people, expressed through the election where Codilla won by 17,903 votes, must be enforced and is not subject to the discretion of any official.
Furthermore, Locsin’s proclamation was void because it was based on a COMELEC Second Division Resolution that was later reversed. A void proclamation confers no right to the office. Therefore, quo warranto lies to oust Locsin from unlawfully holding the office. The Court ordered respondents De Venecia and Nazareno to administer the oath to Codilla and register his name in the Roll of Members, and declared that Locsin was usurping, intruding into, and unlawfully holding the office.