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    Bondoc vs. Pineda

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    gherold benitez
    The Supreme Court ruled that the House of Representatives improperly removed a member of the House of Representatives Electoral Tribunal (HRET) in order to change the partisan composition of the tribunal and prevent it from promulgating a decision in an election contest. The purpose of the HRET is to provide an independent and impartial tribunal for election contests, and its members must serve with detachment, impartiality, and independence even from their own political parties. Therefore, removing a member for disloyalty to their party through a "conscience vote" constitutes a grave abuse of power that undermines the independence of the tribunal.

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    Bondoc vs. Pineda

    Uploaded by

    gherold benitez
    206 views1 page
    The Supreme Court ruled that the House of Representatives improperly removed a member of the House of Representatives Electoral Tribunal (HRET) in order to change the partisan composition of the tribunal and prevent it from promulgating a decision in an election contest. The purpose of the HRET is to provide an independent and impartial tribunal for election contests, and its members must serve with detachment, impartiality, and independence even from their own political parties. Therefore, removing a member for disloyalty to their party through a "conscience vote" constitutes a grave abuse of power that undermines the independence of the tribunal.

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    The Supreme Court ruled that the House of Representatives improperly removed a member of the House of Representatives Electoral Tribunal (HRET) in order to change the partisan composition of the tribunal and prevent it from promulgating a decision in an election contest. The purpose of the HRET is to provide an independent and impartial tribunal for election contests, and its members must serve with detachment, impartiality, and independence even from their own political parties. Therefore, removing a member for disloyalty to their party through a "conscience vote" constitutes a grave abuse of power that undermines the independence of the tribunal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    206 views1 page

    Bondoc vs. Pineda

    Uploaded by

    gherold benitez
    The Supreme Court ruled that the House of Representatives improperly removed a member of the House of Representatives Electoral Tribunal (HRET) in order to change the partisan composition of the tribunal and prevent it from promulgating a decision in an election contest. The purpose of the HRET is to provide an independent and impartial tribunal for election contests, and its members must serve with detachment, impartiality, and independence even from their own political parties. Therefore, removing a member for disloyalty to their party through a "conscience vote" constitutes a grave abuse of power that undermines the independence of the tribunal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Bondoc vs. Pineda, 201 SCRA 792, G.R. No.

    97710, 26 Sept 1991

    Facts:
    In t h e e le ct io n s h e l d o n M ay 1 1 , 1 9 8 7 , M arci an o P in e d a o f t h e LD P an d E m ig d io
    Bo n d o c o f t h e N P w e re candidates for the position of Representative for the Fourth District of
    Pampanga. Pineda was proclaimed winner. Bondoc filed a protest in the House of Representatives
    Electoral Tribunal (HRET), which is composed of 9 members,3 of whom are Justices of the SC and the
    remaining 6 are members of the House of Representatives (5 members be lo n g t o t h e LD P a n d 1
    m e m b e r i s f ro m t h e N P ). T h e re af t e r , a d e c isi o n h ad b e e n re a ch e d in wh ich
    Bo n d o c w o n o ve r Pineda. Congressman Camasura of the LDP voted with the SC Justices and
    Congressman Cerilles of the NP to proclaim Bondoc the winner of the contest. On the eve of the
    promulgation of the Bondoc decision, Congressman Camasura received a letter informing him that
    h e wa s a lr e ad y e x p e lle d f ro m t h e LD P f o r alle ge d ly h e lp in g t o o r gan iz e t h e
    P a r t id o P i lip in o o f E d u ard o Co ju an g co a n d for allegedly inviting LDP members in Davao Del
    Sur to join said political party. On the day of the promulgation of the decision, the Chairman of HRET
    received a letter informing the Tribunal that on the basis of the letter from the LDP, the House of
    Representatives decided to withdraw the nomination and rescind the election of Congressman
    Camasura to the HRET.

    Issue:
    Whether or not the House of Representatives, at the request of the dominant political party therein,
    may ch a n g e t h at p ar t y s re p re se n t at io n in t h e H RE T t o t h wa rt t h e p ro mu l ga t io n o f
    a d e c isi o n f re e ly re ach e d b y t h e t rib u n al in an e le ct io n co n t e st p e n d in g t h e r e in

    Held:
    The purpose of the constitutional convention creating the Electoral Commission was to provide an
    independent and impartial tribunal for the determination of contests to legislative office, devoid of
    partisan consideration. As judges, the members of the tribunal must be non-partisan. They must
    discharge their functions with complete d e t ach me n t , imp a rt ia lit y a n d in d e p e n d e n ce e v e n
    in d e p e n d e n c e f ro m t h e p o lit i ca l p a rt y t o wh i ch t h e y b e l o n g. He n c e , disloyalty to
    party and breach of party discipline are not valid grounds for the expulsion of a member of the
    tribunal. In expelling Congressman Camasura from the HRET for having cast a conscience vote in
    favor of Bondoc, based strictly on the result of the examination and appreciation of the ballots and
    the recount of the votes by the tribunal, the House of Representatives committed a grave abuse of
    discretion, an injustice and a violation of the Constitution. Its resolution of expulsion against
    Congressman Camasura is, therefore, null and void. Another reason for the nullity of the expulsion
    resolution of the House of Representatives is that it violates Congressman Camasuras right to
    security of tenure. Members of the HRET, as sole judge of congressional election contests, are
    entitled to security of tenure just as members of the Judiciary enjoy security of tenure under the
    Constitution. Therefore, membership in the HRET may not be terminated except for a just cause, such
    as, the expiration of the members congressional term of office, his death, permanent disability,
    resignation from the political party he represents in the tribunal, formal affiliation with another
    political party or removal for other valid cause. A member may not be expelled by the House of
    Representatives for party disloyalty, short of proof that he has formally affiliated with another.

    Page 1 of 1

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