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    Jose Miguel T. Arroyo vs. Department of Justice G.R. No. 199082 July 23, 2013

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    Arthur Yamat
    1) Jose Miguel T. Arroyo filed a motion for reconsideration of the Supreme Court's decision dismissing his petition against the Department of Justice and Commission on Elections regarding the creation of a joint committee to investigate electoral fraud in the 2004 and 2007 elections. 2) The joint committee was created to investigate allegations that election results in certain provinces were manipulated in the 2007 senatorial elections. 3) The Supreme Court denied the motion for reconsideration, upholding the validity of the joint committee and preliminary investigation and finding that the concurrent jurisdiction of the DOJ and Comelec was allowed.

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    Jose Miguel T. Arroyo vs. Department of Justice G.R. No. 199082 July 23, 2013

    Uploaded by

    Arthur Yamat
    38 views1 page
    1) Jose Miguel T. Arroyo filed a motion for reconsideration of the Supreme Court's decision dismissing his petition against the Department of Justice and Commission on Elections regarding the creation of a joint committee to investigate electoral fraud in the 2004 and 2007 elections. 2) The joint committee was created to investigate allegations that election results in certain provinces were manipulated in the 2007 senatorial elections. 3) The Supreme Court denied the motion for reconsideration, upholding the validity of the joint committee and preliminary investigation and finding that the concurrent jurisdiction of the DOJ and Comelec was allowed.

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    1) Jose Miguel T. Arroyo filed a motion for reconsideration of the Supreme Court's decision dismissing his petition against the Department of Justice and Commission on Elections regarding the creation of a joint committee to investigate electoral fraud in the 2004 and 2007 elections. 2) The joint committee was created to investigate allegations that election results in certain provinces were manipulated in the 2007 senatorial elections. 3) The Supreme Court denied the motion for reconsideration, upholding the validity of the joint committee and preliminary investigation and finding that the concurrent jurisdiction of the DOJ and Comelec was allowed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views1 page

    Jose Miguel T. Arroyo vs. Department of Justice G.R. No. 199082 July 23, 2013

    Uploaded by

    Arthur Yamat
    1) Jose Miguel T. Arroyo filed a motion for reconsideration of the Supreme Court's decision dismissing his petition against the Department of Justice and Commission on Elections regarding the creation of a joint committee to investigate electoral fraud in the 2004 and 2007 elections. 2) The joint committee was created to investigate allegations that election results in certain provinces were manipulated in the 2007 senatorial elections. 3) The Supreme Court denied the motion for reconsideration, upholding the validity of the joint committee and preliminary investigation and finding that the concurrent jurisdiction of the DOJ and Comelec was allowed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    JOSE MIGUEL T. ARROYO vs.

    DEPARTMENT OF JUSTICE
    G.R. No. 199082 July 23, 2013
    NATURE:
    These are separate motions for reconsideration filed by movants Gloria Macapagal Arroyo in G.R. No. 199118 and
    Jose Miguel T. Arroyo in G.R. No. 199082 praying that the Court take a second look at our September 18, 2012
    Decision3 dismissing their petitions and supplemental petitions against respondents Commission on Elections
    (Comelec), the Department of Justice (DOJ), Senator Aquilino M. Pimentel III (Senator Pimentel), Joint DOJ-
    Comelec Preliminary Investigation Committee (Joint Committee) and DOJ-Comelec Fact-Finding Team (Fact-
    Finding Team), et al.

    FACTS:
    On August 15, 2011, the Comelec and the DOJ issued a Joint Order creating and constituting a Joint Committee
    and Fact-Finding Team on the 2004 and 2007 National Elections electoral fraud and manipulation cases
    In its Initial Report of the Fact-Finding Team concluded that manipulation of the results in the May 14, 2007
    senatorial elections in the provinces of North and South Cotabato, and Maguindanao was indeed perpetrated. It
    recommended that Petitioner Benjamin S. Abalos, GMA, and Mike Arroyo be subjected to preliminary investigation
    for electoral sabotage and manipulating the election results.
    Thereafter, petitioners filed before the Court separate Petitions for Certiorari and Prohibition with Prayer for the
    Issuance of a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction assailing the creation of the
    Joint Panel.
    On September 18, 2012, the Court rendered the assailed Decision. It ruled that:

    1. Fact- Finding Team’s Initial Report dated October 20, 2011, are declared VALID. However, the Rules of Procedure
    on the Conduct of Preliminary Investigation on the Alleged Election Fraud in the 2004 and 2007 National Elections is
    declared INEFFECTIVE for lack of publication.
    2. The Joint Panel and the proceedings having been conducted in accordance with Rule 112 of the Rules on Criminal
    Procedure and Rule 34 of the Comelec Rules of Procedure, the conduct of the preliminary investigation is hereby
    declared VALID.

    ISSUES:
    1. Whether or not the creation of the Joint Panel undermines the decisional independence of the Comelec.
    2. Whether or not the DOJ should conduct preliminary investigation only when deputized by the Comelec but not
    exercise concurrent jurisdiction

    HELD:
    1. The grant of concurrent jurisdiction, the Comelec and the DOJ nevertheless included a provision in the assailed Joint
    Order whereby the resolutions of the Joint Committee finding probable cause for election offenses shall still be
    approved by the Comelec in accordance with the Comelec Rules of Procedure.45 With more reason, therefore, that
    we the the court cannot consider the creation of the Joint Committee as an abdication of the Comelec’s
    independence enshrined in the 1987 Constitution

    2. The creation of a Joint Committee is not repugnant to the concept of "concurrent jurisdiction" authorized by the
    amendatory law The doctrine of concurrent jurisdiction means equal jurisdiction to deal with the same subject
    matter. Contrary to the contention of the petitioners, there is no prohibition on simultaneous exercise of power
    between two coordinate bodies. What is prohibited is the situation where one files a complaint against a respondent
    initially with one office (such as the Comelec) for preliminary investigation which was immediately acted upon by
    said office and the re-filing of substantially the same complaint with another office (such as the DOJ). The
    subsequent assumption of jurisdiction by the second office over the cases filed will not be allowed. Indeed, it is a
    settled rule that the body or agency that first takes cognizance of the complaint shall exercise jurisdiction to the
    exclusion of the others.

    FALLO: petition is denied

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