Electoral tribunals
1. Powers and jurisdiction
The Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. (Section 17, Article VI, 1987 Constitution)
a. Powers
The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. (Section 17, Article VI, 1987 Constitution)
NB: For the Senate, it is the Senate Electoral Tribunal or (SET). For the House of Representatives, it is the House of Representatives Electoral Tribunal (HRET)
COMPOSITION: Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman. (Ibid.)
HOW CONSTITUTED: The Electoral Tribunals shall be constituted within thirty (30) days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. (Ibid.)
b. Jurisdiction
1) HRET Jurisdiction
DISTRICT REPRESENTATIVES: To be considered a Member of the House of Representatives, there must be a concurrence of the following requisites:
1) A valid proclamation;
2) A proper oath, and,
3) Assumption of office. (Reyes v. COMELEC, En Banc, G.R. No. 207264, 25 June 2013)
After proclamation, taking of oath and assumption of office of a Member of the House of Representatives, jurisdiction over the matter of his qualifications, as well as questions regarding the conduct of election and contested returns – are transferred (from the COMELEC) to the HRET as the constitutional body created to pass upon the same. (Gonzalez v. COMELEC, G.R. No. 192856, 08 March 2011)
PARTY-LIST REPRESENTATIVES: Section 17, Article VI of the 1987 Constitution endows the HRET with jurisdiction to resolve questions on the qualifications of members of Congress. In the case of party-list representatives, the HRET acquires jurisdiction over a disqualification case upon proclamation of the winning party-list group, oath of the nominee, and assumption of office as member of the House of Representatives. (Lico v. COMELEC, G.R. No. 205505, 29 September 2015)
