Digest: Jalosjos v. Commission on Elections (691 SCRA 646, 2013)

Facts:  the Court promulgated convicting petitioner by final judgment of two (2) counts of statutory rape and six (6) counts of acts of lasciviousness. Consequently, he was sentenced to suffer the principal penalties of reclusion perpetua and reclusion temporal for each count, respectively, which carried the accessory penalty of perpetual absolute disqualification pursuant to Article 41 of the Revised Penal Code (RPC). On April 30, 2007, then President Gloria Macapagal Arroyo issued an order commuting his prison term to sixteen (16) years, three (3) months and three (3) days (Order of Commutation). After serving the same, he was issued a Certificate of Discharge From Prison on March 18, 2009.

On April 26, 2012, petitioner applied to register as a voter in Zamboanga City. However, because of his previous conviction, his application was denied by the Acting City Election Officer of the Election Registration Board (ERB), prompting him to file a Petition for Inclusion in the Permanent List of Voters (Petition for Inclusion) before the Municipal Trial Court.

Pending resolution of the same, he filed a CoC on October 5, 2012, seeking to run as mayor for Zamboanga City in the upcoming local elections scheduled on May 13, 2013 (May 2013 Elections). In his CoC, petitioner stated, inter alia, that he is eligible for the said office and that he is a registered voter of Barangay Tetuan, Zamboanga City.

On October 18, 2012, the MTCC denied his Petition for Inclusion on account of his perpetual absolute disqualification which in effect, deprived him of the right to vote in any election. Such denial was affirmed by the Regional Trial.

COMELEC resolved "to CANCEL and DENY due course the Certificate of Candidacy filed by Romeo G. Jalosjos

Issue: Whether or not COMELEC has jurisdiction over contest in contests relating to the election, returns, and qualifications of members of the House of Representatives and the Senate

Ruling: While the Constitution vests in the COMELEC the power to decide all questions affecting elections, such power is not without limitation. It does not extend to contests relating to the election, returns, and qualifications of members of the House of Representatives and the Senate. The Constitution vests the resolution of these contests solely upon the appropriate Electoral Tribunal of the Senate or the House of Representatives. The Supreme Court has already settled the question of 72 when the jurisdiction of COMELEC ends and when that of the HRET begins. The proclamation of a congressional candidate following the election divests COMELEC of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed Representative in favor of the HRET.