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ARNOLD V. GUERRERO v. COMELEC

This case has been cited 3 times or more.

2013-01-29
REYES, J.
Private respondent LPGMA is a non-stock, non-profit association of consumers and small industry players in the LPG and energy sector who have banded together in order to pursue their common objective of providing quality, safe and reasonably priced gas and oil products.[6] The group advocates access to reasonably priced LPG by household consumers.[7]
2011-03-08
VILLARAMA, JR., J.
Despite recourse to this Court, however, we cannot rule on the issue of citizenship of Gonzalez.  Subsequent events showed that Gonzalez had not only been duly proclaimed, he had also taken his oath of office and assumed office as Member of the House of Representatives. We  have consistently held that  once a winning candidate has been proclaimed, taken his oath, and assumed office as a member of the House of Representatives, COMELEC's jurisdiction over election contests relating to his election, returns, and qualifications ends, and the HRET's  own jurisdiction begins.[43]    In Perez v. Commission on Elections,[44] we declared that the Court does not have jurisdiction to pass upon the eligibility of the private respondent who was already a Member of the House of Representatives at the time of filing of the petition for certiorari.[45]
2008-01-30
NACHURA, J.
For an action for certiorari to prosper, there must be a showing that the COMELEC acted with "grave abuse of discretion," which means such capricious and whimsical exercise of judgment equivalent to lack of jurisdiction or excess thereof.[32] The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility.[33]