Bondoc vs. Pineda Digested

Bondoc vs. Pineda 201 SCRA 792

FACTS:

In the elections held on May 11, 1987, Marciano Pineda of the LDP and Emigdio Bondoc of the NP were 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 belong to the LDP and 1 member is from the NP). Thereafter, a decision had been reached in which Bondoc won over 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 he was already expelled from the LDP for allegedly helping to organize the Partido Pilipino of Eduardo Cojuangco and 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 change that party’s representation in the HRET to thwart the promulgation of a decision freely reached by the tribunal in an election contest pending therein.

RULING:

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 detachment, impartiality and independence even independence from the political party to which they belong. Hence, 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 Camasura’s 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 member’s 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.