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    Amores Vs Hret and Villanueva

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    Mary Joyce Lacambra Aquino
    This case concerns whether Sections 9 and 15 of RA No. 7941, which establish age and sectoral affiliation requirements for party-list nominees, apply to Joel Villanueva. The petitioner argued that Villanueva was over the age limit of 30 to be nominated for the youth sector and that he changed his sectoral affiliation from youth to OFWs less than 6 months before the election. The Court ruled that Sections 9 and 15 do apply to Villanueva, as he was over 30 years old during the election and changed his sectoral affiliation within CIBAC less than 6 months before the election, violating the requirements of the Party-List System Act.

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    Amores Vs Hret and Villanueva

    Uploaded by

    Mary Joyce Lacambra Aquino
    47 views2 pages
    This case concerns whether Sections 9 and 15 of RA No. 7941, which establish age and sectoral affiliation requirements for party-list nominees, apply to Joel Villanueva. The petitioner argued that Villanueva was over the age limit of 30 to be nominated for the youth sector and that he changed his sectoral affiliation from youth to OFWs less than 6 months before the election. The Court ruled that Sections 9 and 15 do apply to Villanueva, as he was over 30 years old during the election and changed his sectoral affiliation within CIBAC less than 6 months before the election, violating the requirements of the Party-List System Act.

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    Amores vs Hret and Villanueva

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    This case concerns whether Sections 9 and 15 of RA No. 7941, which establish age and sectoral affiliation requirements for party-list nominees, apply to Joel Villanueva. The petitioner argued that Villanueva was over the age limit of 30 to be nominated for the youth sector and that he changed his sectoral affiliation from youth to OFWs less than 6 months before the election. The Court ruled that Sections 9 and 15 do apply to Villanueva, as he was over 30 years old during the election and changed his sectoral affiliation within CIBAC less than 6 months before the election, violating the requirements of the Party-List System Act.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    47 views2 pages

    Amores Vs Hret and Villanueva

    Uploaded by

    Mary Joyce Lacambra Aquino
    This case concerns whether Sections 9 and 15 of RA No. 7941, which establish age and sectoral affiliation requirements for party-list nominees, apply to Joel Villanueva. The petitioner argued that Villanueva was over the age limit of 30 to be nominated for the youth sector and that he changed his sectoral affiliation from youth to OFWs less than 6 months before the election. The Court ruled that Sections 9 and 15 do apply to Villanueva, as he was over 30 years old during the election and changed his sectoral affiliation within CIBAC less than 6 months before the election, violating the requirements of the Party-List System Act.

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    AMORES V.

    HRET & VILLANUEVA


    G.R. No. 189600 June 29, 2010

    FACTS:
    There was a Petition for certiorari challenging the assumption of
    office of Emmanuel Joel Villanueva (Joel Villanueva) as the youth
    sector Representative of Citizens’ Battle Against Corruption
    (CIBAC) in the House of Representatives.

    Petitioner, Milagros Amores, argues that Villanueva was already


    31 years old at the time of filing of nomination, thus, beyond the
    age limit of 30 years which was the imposed by RA 7941 or the
    Party-List System Act, for "youth sector" representatives.
    Villanueva's change of affiliation from Youth Sector to OFWs and
    their families was also not effected during the six months prior to
    elections. Respondent HRET counters that RA 7941 age
    requirement only applied only to those nominated as such during
    the first three congressional terms after the ratification of the
    Constitution or until 1998, unless a sectoral party is thereafter
    registered exclusively as representing the youth sector, which
    CIBAC, a multi-sectoral organization, is not.

    ISSUE: Whether Sections 9 and 15 of RA No. 7941 apply to private


    respondent.

    RULING:
    Yes, Sections 9 and 15 of RA 7941 apply Villanueva.

    The Court finds that private respondent was not qualified to be


    a nominee of either the youth sector or the overseas Filipino
    workers and their families sector in the May, 2007 elections. The
    records disclose that private respondent was already more than 30
    years of age in May, 2007, it being stipulated that he was born in
    August, 1975. Moreover, he did not change his sectoral affiliation
    at least six months before May, 2007, public respondent itself
    having found that he shifted to CIBAC’s overseas Filipino workers
    and their families sector only on March 17, 2007.

    As the law states in unequivocal terms that a nominee of the


    youth sector must at least be twenty-five (25) but not more
    than thirty (30) years of age on the day of the election, so it
    must be that a candidate who is more than 30 on election day is not
    qualified to be a youth sector nominee. Since this mandate is
    contained in RA No. 7941, the Party-List System Act, it covers ALL
    youth sector nominees vying for party-list representative seats.
    Moreover, it is clear is that the wording of Section 15 covers
    changes in both political party and sectoral affiliation. And the
    latter may occur within the same party since multi-sectoral party-
    list organizations are qualified to participate in the Philippine
    party-list system. Hence, a nominee who changes his sectoral
    affiliation within the same party will only be eligible for nomination
    under the new sectoral affiliation if the change has been effected at
    least six months before the elections. Again, since the statute is
    clear and free from ambiguity, it must be given its literal meaning
    and applied without attempted interpretation. This is the plain
    meaning rule or verba legis, as expressed in the maxim index animi
    sermo or speech is the index of intention.

    That private respondent is the first nominee of CIBAC, whose


    victory was later upheld, is of no moment. A party-list
    organization’s ranking of its nominees is a mere indication of
    preference, their qualifications according to law are a different
    matter.

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