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Lazatin

Carmelo Lazatin questioned the jurisdiction of the Commission on Elections (COMELEC) to annul his proclamation as Congressman of Pampanga's 1st District after taking office. Francisco Buan, Jr. and Lorenzo Timbol, Lazatin's opposition, alleged the issue was moot. The Solicitor General argued Lazatin's proclamation was valid as the COMELEC had authorized the canvassing board. However, the COMELEC argued Lazatin's proclamation was void as the board corrected returns despite pending election petitions. The Supreme Court ruled the issue should be under the House of Representatives Electoral Tribunal's jurisdiction as Lazatin had been properly proclaimed and assumed office.

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101 views2 pages

Lazatin

Carmelo Lazatin questioned the jurisdiction of the Commission on Elections (COMELEC) to annul his proclamation as Congressman of Pampanga's 1st District after taking office. Francisco Buan, Jr. and Lorenzo Timbol, Lazatin's opposition, alleged the issue was moot. The Solicitor General argued Lazatin's proclamation was valid as the COMELEC had authorized the canvassing board. However, the COMELEC argued Lazatin's proclamation was void as the board corrected returns despite pending election petitions. The Supreme Court ruled the issue should be under the House of Representatives Electoral Tribunal's jurisdiction as Lazatin had been properly proclaimed and assumed office.

Uploaded by

Mark Evan Garcia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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CARMELO F.

LAZATIN, petitioner,
vs.
THE COMMISSION ON ELECTIONS, FRANCISCO R. BUAN,
JR., and LORENZO G. TIMBOL, respondents.|||

(Lazatin v. Commission on Elections, G.R. No. 80007,


[January 25, 1988], 241 PHIL 343-345)

FACTS:
Carmelo Lazatin questioned the jurisdiction of the (Commission on
Elections) COMELEC to annul his proclamation after he had taken his
oath of office, assumed office, and discharged the duties of
Congressman of the 1st District of Pampanga. Lazatin claims that the
House of Representatives Electoral Tribunal (HRET) and not the
COMELEC is the sole judge of all election contests.

Francisco Buan, Jr., and Lorenzo Timbol (Lazatin’s opposition),


alleged that Lazatin’s petition had become moot and academic
because the assailed COMELEC Resolution had already become final
and executory when the SC issued a TRO on October 6, 1987.

In the COMMENT of the Sol-Gen, he alleges that the petition should


be given due course because the proclamation was valid. The order
issued by the COMELEC directing the canvassing board to proclaim
the winner if warranted under Section 245 of the Omnibus Election
Code,” was in effect a grant of authority by the COMELEC to the
canvassing board, to proclaim the winner.

A Separate Comment was filed by the COMELEC, alleging that the


proclamation of Lazatin was illegal and void because the board simply
corrected the returns contested by Lazatin without waiting for the final
resolutions of the petitions of candidates Timbol, Buan, Jr., and
Lazatin himself, against certain election returns.

ISSUE:
Whether or not the issue should be placed under the HRET’s
jurisdiction.
HELD:
Yes. The SC in a Resolution dated November 17, 1987 resolved to
give due course to the petition. The petition is impressed with merit
because Lazatin has been proclaimed winner of the Congressional
elections in the first district of Pampanga, has taken his oath of office
as such, and assumed his duties as Congressman.

The alleged invalidity of the proclamation (which had been previously


ordered by the COMELEC itself) despite alleged irregularities in
connection therewith, and despite the pendency of the protests of the
rival candidates, is a matter that is also addressed, considering the
premises, to the sound judgment of the Electoral Tribunal.

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