.R. No. 185401 July 21, 2009
HENRY "JUN" DUEÑAS, JR., Petitioner,
vs.
HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL and ANGELITO "JETT" P. REYES, Respondents.
FACTS:
Petitioner Henry “Jun” Dueñas, Jr. and private respondent Angelito “Jett” P. Reyes were rival candidates for the position of congressman in the 2nd legislative district of Taguig City in the May 14, 2007 synchronized national and local elections. After the canvass of the votes, petitioner was proclaimed the winner, having garnered 28,564 votes as opposed to private respondent’s 27,107 votes. Not conceding defeat, private respondent filed an election protest, praying for a revision/recount, alleging that he was cheated in the protested 170 of 732 precincts through insidious and well-orchestrated electoral frauds and anomalies which resulted in the systematic reduction of his votes and the corresponding increase in petitioner’s votes.
In an order dated September 25, 2008, the HRET directed the continuation of the revision and appreciation of the remaining 75% of the counter-protested precincts pursuant to Rule 88 of the HRET Rules. Instead of complying with the order, petitioner filed an urgent motion to withdraw/abandon the remaining 75% counter-protested precincts on October 27, 2008. This was denied by the HRET, reiterating its order directing the continuation of the revision of ballots in the remaining 75% counter-protested precincts and recalling its order requiring petitioner to augment his cash deposit. The Tribunal instead ordered the use of its own funds for the revision of the remaining 75% counter-protested precincts.
On November 27, 2008, the HRET issued a resolution under Rule 88 of the HRET Rules and settled jurisprudence, ruling that it had the discretion either to dismiss the protest or counter-protest, or to continue with the revision if necessitated by reasonable and sufficient grounds affecting the validity of the election. This was with the end in view of ascertaining the true choice of the electorate. It was the HRET’s position that the mere filing of a motion to withdraw/abandon the unrevised precincts did not automatically divest the HRET of its jurisdiction over the same. Moreover, it ruled that its task of determining the true will of the electorate was not confined to the examination of contested ballots. Under its plenary power, it could motu propio review the validity of every ballot involved in a protest or counter-protest and the same could not be frustrated by the mere expedient of filing a motion to withdraw/abandon the remaining counter-protested precincts. Convinced that it could not determine the true will of the electorate of the 2nd legislative district of Taguig City on the basis alone of the initial revision of the 100% protested precincts and the 25% counter-protested precincts, it had no other recourse but to continue the revision and appreciation of all the remaining 75% counter-protested precincts.
ISSUES:
(1) Whether or not HRET’s assumption of the burden of the costs of the continued revision amounted to an illegal and unconstitutional disbursement of public funds nder Section 29 (1), Article VI of the Constitution.
(2) HRET’s Discretion to Use Its Own Funds in Revision Proceedings
When jurisdiction is conferred by law on a court or tribunal, that court or tribunal, unless otherwise provided by law, is deemed to have the authority to employ all writs, processes and other means to make its power effective. Where a general power is conferred or duty enjoined, every particular power necessary for the exercise of one or the performance of the other is also conferred. Since the HRET possessed the authority to motu propio continue a revision of ballots, it also had the wherewithal to carry it out. It thus ordered the disbursement of its own funds for the revision of the ballots in the remaining counter-protested precincts. We hark back to Rule 7 of the HRET Rules which provides that the HRET has exclusive control, direction and supervision of its functions. The HRET’s order was but one aspect of its power.
Moreover, Rule 8 of the HRET Rules provides that the Tribunal shall have and exercise all such powers as are vested in it by the Constitution or by law, and such other powers as are necessary or incidental to the accomplishment of its purposes and functions as set forth in the Constitution or as may be provided by law. (emphasis supplied)
Certainly, the HRET’s order that its own funds be used for the revision of the ballots from the 75% counter-protested precincts was an exercise of a power necessary or incidental to the accomplishment of its primary function as sole judge of election protest cases involving its members.
First, if petitioner hypothetically admits that the HRET has the power to order the continuation of the revision of the 75% remaining counter-protested precincts, then he should also necessarily concede that there is nothing to prevent the HRET from using its own funds to carry out such objective. Otherwise, the existence of such power on the part of the HRET becomes useless and meaningless.
Second, Section 1, Chapter 1 of RA 9498 provides that the HRET has an allotted budget for the “Adjudication of Electoral Contests Involving Members of the House of Representatives.” The provision is general and encompassing enough to authorize the use of the HRET’s funds for the revision of ballots, whether in a protest or counter-protest. Being allowed by law, the use of HRET funds for the revision of the remaining 75% counter-protested precincts was not illegal, much less violative of Article 220 of the Revised Penal Code. To reiterate, the law (particularly RA 9498) itself has appropriated funds for adjudicating election contests in the HRET. As an independent constitutional body, and having received the proper appropriation for that purpose, the HRET had wide discretion in the disbursement and allocation of such funds.
Third, HRET ha[s] the inherent power to suspend its own rules and disburse its funds for any lawful purpose it deemed best. This is specially significant in election contests such as this where what is at stake is the vital public interest in determining the true will of the electorate. In any event, nothing prevented the HRET from ordering any of the parties to make the additional required deposit(s) to cover costs, as respondent in fact manifested in the HRET. Such disbursement could not be deemed a giving of unwarranted benefit, advantage or preference to a party since the benefit would actually redound to the electorate whose true will must be determined. Suffrage is a matter of public, not private, interest. The Court declared in Aruelo, Jr. v. Court of Appeals that “[o]ver and above the desire of the candidates to win, is the deep public interest to determine the true choice of the people.” Thus, in an election protest, any benefit to a party would simply be incidental.
All told, it should be borne in mind that the present petition is a petition for certiorari under Rule 65 of the Rules of Court. It alleges that the HRET committed grave abuse of discretion amounting to lack or excess of jurisdiction when it promulgated Resolution No. 08-353 dated November 27, 2008. But what is “grave abuse of discretion?” It is such capricious and whimsical exercise of judgment which is tantamount to lack of jurisdiction. Ordinary abuse of discretion is insufficient. The abuse of discretion must be grave, that is, the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility. It must be so patent and gross as to amount to evasion of positive duty or to a virtual refusal to perform the duty enjoined by or to act at all in contemplation of the law. In other words, for a petition for certiorari to prosper, there must be a clear showing of caprice and arbitrariness in the exercise of discretion. There is also grave abuse of discretion when there is a contravention of the Constitution, the law or existing jurisprudence. Using the foregoing as yardstick, the Court finds that petitioner miserably failed to discharge the onus probandi imposed on him.
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