G.R. No. 262975 , May 21, 2024
MAGKAKASAMA SA SAKAHAN, KAUNLARAN (MAGSASAKA) PARTY-LIST, REPRESENTED BY ITS SECRETARY GENERAL, ATTY. GENERAL D. DU, PETITIONER, VS. COMMISSION ON ELECTIONS AND SOLIMAN VILLAMIN, JR., RESPONDENTS.

FACTS

On February 8, 2021, Atty. General D. Du, representing the Magkakasama sa Sakahan, Kaunlaran (MAGSASAKA) Party-List, filed a Manifestation of Intent to Participate (MIP) for the May 9, 2022 National and Local Elections. On March 29, 2021, Soliman Villamin, Jr., claiming to be the National Chairperson of MAGSASAKA, also filed a MIP. Atty. Du filed a petition to deny due course to Villamin’s MIP, alleging that Villamin had been expelled from the party on December 21, 2019, and again on June 26, 2021, due to his involvement in anomalous activities akin to a ponzi scheme through DV Boer, Inc., and due to a warrant for his arrest for syndicated estafa. The COMELEC First Division, in a Resolution dated November 25, 2021, ruled in favor of Villamin, finding his removal violated the party’s Saligang Batas at Alituntunin for lack of notice and opportunity to be heard. The COMELEC En Banc affirmed this in a Resolution dated September 9, 2022. MAGSASAKA won a seat in the 2022 elections. The COMELEC, after an Executive Session, issued a certificate of proclamation to Roberto Gerard L. Nazal, Jr., Villamin’s nominee, who took his oath on October 10, 2022. The Supreme Court issued a status quo ante order on October 18, 2022. The ponencia found that the COMELEC gravely abused its discretion by not declaring Villamin in default for belatedly filing his Answer and Judicial Affidavit, thereby depriving MAGSASAKA of its right to cross-examine, and by interfering in the intra-party dispute to validate Villamin’s removal, which was done in accordance with party rules and after Villamin was sufficiently apprised.

ISSUE

Whether the Commission on Elections (COMELEC) committed grave abuse of discretion amounting to lack or excess of jurisdiction in: (1) failing to declare respondent Soliman Villamin, Jr. in default for belatedly filing his Answer and Judicial Affidavit, thereby violating petitioner’s right to due process; and (2) interfering in the intra-party leadership dispute of MAGSASAKA by ruling that Villamin’s removal was invalid and by giving due course to his Manifestation of Intent to Participate (MIP).

RULING

Yes, the COMELEC committed grave abuse of discretion. The ponencia ruled that the COMELEC gravely abused its discretion by admitting Villamin’s belatedly filed Answer and Judicial Affidavit without justifiable reason, in violation of its own rules and procedures, which deprived MAGSASAKA of its right to cross-examine and its right to due process. Furthermore, the COMELEC gravely abused its discretion by interfering in the intra-party dispute. The evidence showed that Villamin was validly removed as National Chairperson of MAGSASAKA in accordance with its Saligang Batas at Alituntunin; he was sufficiently apprised of the proceedings and given ample opportunity to be heard over a two-year period, and his expulsion was based on proven neglect of duty and acts detrimental to the party. The COMELEC exceeded its limited jurisdiction over intra-party disputes by substituting its judgment for that of the party and by giving due course to Villamin’s MIP when he was no longer the legitimate party head. Consequently, the proclamation of his nominee, Roberto Gerard L. Nazal, Jr., as the party-list representative was invalid. Chief Justice Gesmundo, in his Concurring Opinion, concurs with this ruling.