4/20/2021
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As such, he possessed all the necessary qualifications to be elected as member of the
House of Representatives.
A final point. The HRET has been empowered by the Constitution to be the "sole judge"
of all contests relating to the election, returns, and qualifications of the members of the
House.[29] The Court's jurisdiction over the HRET is merely to check "whether or not
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction"
on the part of the latter.[30] In the absence thereof, there is no occasion for the Court
to exercise its corrective power and annul the decision of the HRET nor to substitute the
Court's judgment for that of the latter for the simple reason that it is not the office of a
petition for certiorari to inquire into the correctness of the assailed decision.[31] There
is no such showing of grave abuse of discretion in this case.
WHEREFORE, the petition is hereby DISMISSED.
SO ORDERED.
Davide, Jr., C.J., Bellosillo, and Puno, JJ., concur.
Ynares-Santiago, J., C.J., Davide certified that she joins with the majority opinion of J.
Kapunan.
Panganiban, J., has separate concurring opinion.
Pardo and Gonzaga-Reyes, JJ., join the concurring opinion of J., Panganiban.
Sandoval-Gutierrez, J., dissents, please see dissenting opinion.
Melo and Vitug, JJ., no part. Chairman and member, respectively, of HRET which
rendered the appealed judgement.
Mendoza, J., no part, being ponente of decision under review.
Quisumbing, Buena, and de Leon Jr., JJ., on leave.
[1] 1987 Constitution, Article IV, Section 6.
[2] Article IV, Section 1 of the 1935 Constitution states:
The following are citizens of the Philippines:
1) Those who are citizens of the Philippine Islands at the time of the
adoption of the Constitution;
2) Those born in the Philippine Islands of foreign parents who, before the
adoption of this Constitution had been elected to public office in the
Philippine Islands;
3) Those whose fathers are citizens of the Philippines;
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