GR 45352; (October, 1938) (Digest)
G.R. No. 45352; October 31, 1938
GERARDO MORRERO, petitioner, vs. JUAN L. BOCAR and THE AUDITOR GENERAL, respondents.
FACTS
Petitioner Gerardo Morrero and respondent Juan L. Bocar were candidates for the National Assembly. The provincial board of canvassers proclaimed Bocar as the elected member. Morrero filed an election protest with the Electoral Commission, alleging that Bocar was not yet thirty years of age at the time of the election or at the beginning of his term, making him constitutionally ineligible. The Electoral Commission, after due hearing, dismissed the protest. Morrero now seeks a review of that decision and an order to prohibit the Auditor General from disbursing funds for Bocar’s emoluments.
ISSUE
Whether the Supreme Court can review the decision of the Electoral Commission regarding the qualification of a member of the National Assembly.
RULING
No. The petition is dismissed. Under Section 4, Article VI of the Constitution, the Electoral Commission is the sole judge of all contests relating to the election, returns, and qualifications of the Members of the National Assembly. Its judgment, rendered after due hearing, is final and beyond judicial interference, absent a clear showing of an arbitrary and improvident use of power amounting to a denial of due process. No such showing exists in this case.
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