Digest: Torres-Gomez v. Codilla, Jr. (668 SCRA 600, 2012)

Facts: Richard I. Gomez (Gomez) filed his Certificate of Candidacy for representative of the Fourth Legislative District of Leyte under the Liberal Party of the Philippines. On even date, private respondent Codilla Jr. filed his Certificate of Candidacy for the same position under Lakas Kampi CMD.

Buenaventura O. Juntilla (Juntilla), a registered voter of Leyte, filed a Verified Petition for Gomez's disqualification with the Commission on Elections (COMELEC) First Division on the ground that Gomez lacked the residency requirement for a Member of the Fiouse of Representatives. COMELEC First Division granted Juntilla's Petition and disqualified Gomez.

Issue: THE PUBLIC RESPONDENT ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT REFUSED TO DISMISS THE ELECTION PROTEST DESPITE AN ADMITTEDLY DEFECTIVE VERIFICATION

Ruling: On the Allegedly Defective Verification. It has been consistently held that the verification of a pleading is only a formal, not a jurisdictional, requirement. The purpose of requiring a verification is to secure an assurance that the allegations in the petition are true and correct, not merely speculative. This requirement is simply a condition affecting the form of pleadings, and noncompliance therewith does not necessarily render the pleading fatally defective.

On the Propriety of the Election Protest.  It bears stressing that the HRET is the sole judge of all contests relating to the election, returns, and qualifications of the members of the House of Representatives. This exclusive jurisdiction includes the power to determine whether it has the authority to hear and determine the controversy presented; and the right to decide whether there exists that state of facts that confers jurisdiction, as well as all other matters arising from the case legitimately before it. Accordingly, the HRET has the power to hear and determine, or inquire into, the question of its own jurisdiction - both as to parties and as to subject matter; and to decide all questions, whether of law or of fact, the decision of which is necessary to determine the question of jurisdiction. Thus, the HRET had the exclusive jurisdiction to determine its authority and to take cognizance of the Election Protest filed before it.

Further, no grave abuse of discretion could be attributed to the HRET on this score. An election protest proposes to oust the winning candidate from office. It is strictly a contest between the defeated and the winning candidates, based on the grounds of electoral frauds and irregularities. Its purpose is to determine who between them has actually obtained the majority of the legal votes cast and is entitled to hold the office. The foregoing considered, the issues raised hi Codilla's Election Protest are proper for such a petition, and is within the jurisdiction of the HRET.