Laban v. COMELEC, G.R. No. 161265. February 24, 2004

Digested by Mr. Jared

Facts: Prior to the MAy 2004 elections, the LAban ng Demokratikong Pilipino (LDP) has been divided because of a struggle of authority between Party Chair Edgardo Angara and Part Secretary General Agapito Aquino, both having endorsed two differentsets of candidates under the same party, LDP.

The matter was brought to the COMELEC. The Commission in its resolution, has recognized the factions creating two sub-parties: LDP Angara Wing and LDP Aquino Wing.

Issue: Whether or not the COMELEC committed a grave abuse of discretion in recognizing the two sets of nominations and endosements by the same party.

Held: The COMELEC erred in its resolution. Only those Certificates of Candidacy (COC) signed by the LDP Party Chairman Angara or his duly authorized representative/s shall be recognized.

Veterans Federation Party v. COMELEC, October 6, 2000.

digested by Mr. Sid

Facts: On May 11, 1998, the party-list election was held simultaneously with the national election. A total of 123 parties, organizations and coalitions participated but only 13 party-list representatives from 12 parties and organizations which obtained at least two percent of the total number of votes cast for the party-list system were proclaimed. The COMELEC enbanc determined that COCOFED (Philippine Coconut Planters Federation Inc.), was entitled to one party-list seat for having garnered 2.04% of the total votes cast for the part-list system. Thereafter, several party-list organization filed a petition to the COMELEC to proclaim the said winner under the Constitution which was later on granted by the COMELEC in division and affirmed by COMELEC en banc. Consequently, several petition for certiorari, prohibition and mandamus, with prayers for the issuance of the temporary restraining order or writ of preliminary injunction were filed to the Supreme Court by the parties who also obtained at least two percent votes cast for party-list system.

Issue: Whether or not the COMELEC commit grave abused of discretion in ruling that 38 parties, organizations, and coalitions are entitled to a party-list seat.

Held: The COMELEC committed a grave abuse of discretion in ruling that the 38 herein respondents are each entitled to a party-list seat because it glaringly violated two requirements of RA7941 which is the two percent threshold and proportional representation.