Robles v. HRET

Robles v. HRET

G.R. No. 86647 February 5, 1990

Medialdea, J.

Facts:

                Petitioner Virgilio Robles and private respondent Romeo Santos were candidates for the position of Congressman of the 1st district of Caloocan City in the last May 11, 1987 congressional elections. Petitioner Robles was proclaimed the winner on December 23, 1987.

On January 5, 1988, Santos filed an election protest with respondent HRET. He alleged, among others, that the elections in the 1st District of Caloocan City held last May 11, 1987 were characterized by the commission of electoral frauds and irregularities in various forms, on the day of elections, during the counting of votes and during the canvassing of the election returns. He likewise prayed for the recounting of the genuine ballots in all the 320 contested precincts.

On August 15, 1988, respondent HRET issued an order setting the commencement of the revision of contested ballots on September 1, 1988 and directed protestant Santos to identify 25% of the total contested precincts which he desires to be revised first in accordance with Section 18 of the Rules of the House of Representatives Electoral Tribunal.

On September 7, 1988, the revision of the ballots for 75 precincts, representing the initial 25% of all the contested precincts, was terminated.

On September 8, 1988, Robles filed an Urgent Motion to Suspend Revision and on September 12, 1988, Santos filed a Motion to Withdraw Protest on the unrevised precincts.

No action on Robles’ motion to suspend revision and Santos’ motion to withdraw protest on unrevised precincts were yet taken by respondent HRET when on September 14,1988, Santos filed an Urgent Motion to Recall and Disregard Withdrawal of Protest. On September 19, 1988, Robles opposed Santos’ motion to Recall and Disregard Withdrawal of Protest in an Urgent Motion to Cancel Continuation of Revision with Opposition to Motion to Recall Withdrawal. On the same day, respondent HRET issued a resolution which, among others, granted Santos’ urgent Motion to Recall and Disregard Withdrawal of Protest.

Issue:

                whether when private respondent Santos filed the Motion to Withdraw Protest on Unrevised Precincts and Motion to Set Case for Hearing dated September 12, 1988, respondent HRET lost its jurisdiction over the case, hence, when respondent HRET subsequently ordered the revision of the unrevised protested ballots, notwithstanding the withdrawal of the protest, it acted without jurisdiction or with grave abuse of discretion.

Held:

                No. The mere filing of the motion to withdraw protest on the remaining uncontested precincts, without any action on the part of respondent tribunal, does not by itself divest the tribunal of its jurisdiction over the case. Jurisdiction, once acquired, is not lost upon the instance of the parties but continues until the case is terminated.

                Where the court has jurisdiction over the subject matter, its orders upon all questions pertaining to the cause are orders within its jurisdiction, and however erroneous they may be, they cannot be corrected by certiorari. This rule more appropriately applies to respondent HRET whose independence as a constitutional body has been upheld in many cases.