Vera v.

Avelino
77 PHIL 192

August 31, 1946

Facts:
The COMELEC submitted to the President and the Congress a report
regarding the national elections held in 1946. Stating that by reason of
certain specified acts of terrorism and violence in certain provinces, namely
Pampanga, Nueva Ecija, Bulacan and Tarlac, the voting in said region did not
accurately feedback the local electorate.
During the session on May 25, 1946, a pendatum resolution was
approved referring to the report ordering that Jose O. Vera, Ramon Diokno
and Jose E. Romero who had been included among the 16 candidates for
senator receiving the highest number of votes and as proclaimed by the
COMELEC shall not be sworn, nor seated, as members of the chamber,
pending the termination of the protest filed against their election.
Petitioners then immediately instituted an action against their
colleagues who contrued the resolution, praying for its annulment and
allowing them to occupy their seats and to exercise their senatorial duties.
Respondents assert the validity of the pendatum resolution.
Issues:
W/N the Commission on Elections has the jurisdiction to determine
whether or not votes cast in the said provinces are valid.
Ruling:
Yes. The Supreme Court refused to intervene, under the concept of
separation of powers, holding that the case was not a contest, and
affirmed that it is the inherent right of the legislature to determine who shall
be admitted to its membership. Following the powers assigned by the
Constitution, the jurisdiction of said case has not yet fallen on the electoral
tribunal granting no-contest had been determined. The question raised
was political in nature and therefore not under the juridical review of the
courts
In addition, the powers of the COMELEC and congress do not encroach upon
the jurisdiction of the electoral tribunals since these powers are applied on
different occasions, and occasion stated above it had not yet been called for.