GR 203775; (August, 2014) (Digest)
G.R. No. 203775 , August 5, 2014.
ASSOCIATION OF FLOOD VICTIMS and JAIME AGUILAR HERNANDEZ, Petitioners, vs. COMMISSION ON ELECTIONS, ALAY BUHAY COMMUNITY DEVELOPMENT FOUNDATION, INC., and WESLIE TING GATCHALIAN, Respondents.
FACTS
Petitioners Association of Flood Victims and Jaime Aguilar Hernandez filed a Petition for Certiorari and/or Mandamus under Rule 65 assailing COMELEC Minute Resolution No. 12-0859 dated October 2, 2012. The assailed Resolution confirmed the re-computation of party-list seat allocations for the May 10, 2010 elections (following the disqualification of the Alliance of Barangay Concerns and the BANAT v. COMELEC formula), proclaimed Alay Buhay Community Development Foundation, Inc. as a winning party-list group, and declared its first nominee, Weslie T. Gatchalian, as its Party-List Representative. Petitioners asserted that the COMELEC committed grave abuse of discretion and prayed for a writ of mandamus to compel the publication of the Resolution.
ISSUE
1. Whether the COMELEC committed grave abuse of discretion in issuing Minute Resolution No. 12-0859.
2. Whether the COMELEC may be compelled through mandamus to publish Minute Resolution No. 12-0859.
RULING
The Supreme Court DISMISSED the petition.
The Court held that petitioners lack legal capacity to sue and locus standi. Petitioner Association of Flood Victims was described in the petition as “a non-profit and non-partisan organization in the process of formal incorporation.” As an unincorporated association not endowed with juridical personality, it cannot be a party to a civil action. Only natural or juridical persons, or entities authorized by law, may be parties. An unincorporated association has no distinct legal personality and cannot sue in its name; all members must be made parties. Petitioner Hernandez, claiming to be the Lead Convenor, showed no proof of authorization from the association to represent it, and no other members were made signatories to the petition. Consequently, Hernandez also lacked legal personality to bring the action. Furthermore, Hernandez could not sue as a taxpayer as he failed to show illegal expenditure of public funds or waste through an invalid law.
Petitioners also lacked locus standi, defined as a personal and substantial interest sustaining direct injury from the challenged governmental act. The Association was not a party-list candidate in the 2010 elections and thus was not directly affected by the COMELEC Resolution regarding seat allocations. In view of the lack of legal capacity and standing, the Court did not discuss the substantive issues raised.