LABAN NG DEMOKRATIKONG PILIPINO, represented by accounts that Rep. Aquino had suspended Sen.

its Chairman EDGARDO J. ANGARA, petitioner, vs. THE Angara as Party Chairman.
COMMISSION ON ELECTIONS and AGAPITO A. AQUINO,  COMELEC issued an Order requiring the parties to file a
respondents. verified petition. It turned out that, two days before, Sen.
G.R. No. 161265 February 24, 2004 Angara had submitted a verified Petition, in
essence, reiterating the contents of its
The Bible tells the story of how two women came to King previous Manifestations. Attached to the Petition was a
Solomon to decide who among them is the babys true Resolution adopted by the LDP National Executive
mother. King Solomon, in his legendary wisdom, awarded the Council, stating:
baby to the woman who gave up her claim after he threatened - WHEREAS, on September 25, 2003, the National Executive
to split the baby into two. It is fortunate that the two women did Council of the LDP convened and unanimously passed a
not ask the Commission on Elections (COMELEC) to decide resolution granting full authority to Party Chairman Edgardo
J. Angara to enter, negotiate and conclude a coalition
the babys fate; otherwise, it would have cut the baby in agreement with other like-minded opposition parties,
half. For that is what the COMELEC exactly did in this case. aggrupations and interest groups with the sole purpose of uniting
the political opposition and fielding a unity ticket for the May 10,
THE CASE: 2004 elections;
 Prior to the May 2004 elections, the LDP has been divided - WHEREAS, on December 3, 2003, the LDP, together with the
because of a struggle of authority between Party Chair Puwersa ng Masang Pilipino (PMP) and the Partido Demokratiko
ng Pilipinas - LABAN (PDP-LABAN) forged a coalition to form
Edgardo Angara and Part Secretary General Agapito the Koalisyon ng Nagkakaisang Pilipino (KNP);
Aquino, both having endorsed two different sets of - WHEREAS, the Executive Committee of the KNP subsequently
candidates under the same party, LDP. adopted its resolution entitled: Resolution Choosing Mr.
 The matter was brought to the COMELEC. The Fernando Poe, Jr. as the Standard Bearer of the Koalisyon
Commission in its resolution, has recognized the factions ng Nagkakaisang Pilipino (KNP) for President of the
creating two sub-parties: LDP Angara Wing and LDP Republic of the Philippines in the May 10, 2004 National
Elections;
Aquino Wing.
 Rep. Aquino filed his Answer to the Petition on December
30, 2003. The COMELEC heard the parties on oral
FACTS:
arguments on the same day, after which the case was
 DEC. 8, 2003 MANIFESTATION: The General Counsel of
submitted for resolution
the LDP, a registered political party, informed the
 Pending resolution, a Certificate of Nomination  of Sen.
COMELEC by way of Manifestation that only the Party
Panfilo Lacson as LDP candidate for President was
Chairman, Senator Edgardo J. Angara, or his authorized
filed with the COMELEC. The Certificate of
representative may endorse the COC of the party’s official
Nomination was signed by Rep. Aquino as LDP Secretary
candidates. The same Manifestation stated that Sen.
General
Angara had placed the LDP Secretary General,
Representative Agapito A. Aquino, on indefinite forced  On January 6, 2004, the COMELEC came to a decision.
leave. In the meantime, Ambassador Enrique A. Zaldivar
was designated Acting Secretary General ISSUE: Who among the LDP officers are authorized to
authenticate before the Commission that the person filing the
 The Manifestation concluded with this prayer:
A) The Honorable Commission recognizes only those COC to COC as party nominee for a certain position is the official
which are attached Certificates of Nomination executed by candidate of the party chosen in accordance with its
LDP Party Chairman Angara or by such other officers of the Constitution
LDP whom he may authorize in writing, and whose written
authorizations shall be deposited with the Honorable COMELEC RESOLUTION:
Commission by the LDP General Counsel.  Noting that the intramurals in the LDP as an internal party
B) The Honorable Commission declares as a nullity, denies due matter seems to be irreconcilable for the present when the
course or cancels all COCs not endorsed by LDP Party
Chairman Angara or by such other LDP officials as may be
filing of COC and Certificate of Nomination are about to
authorized by him reach the deadline, the COMELEC disposed of
C) The Honorable Commission takes note of the designation of the Petition in the following fashion
Ambassador Zaldivar as Acting Secretary General of the - WHEREFORE, premises considered, the petition
LDP, and for the Honorable Commission to honor and is GRANTED with LEGAL EQUITY for both Petitioner and
recognize the official acts, to the exclusion of everyone, of Oppositor. 
Ambassador Zaldivar for and in behalf of the LDP as - The candidates for President down to the last Sangguniang
Secretary General. Bayan Kagawad nominated and endorsed by LDP Chairman
 Rep. Aquino filed his Comment, contending that the Party Angara are recognized by the Commission as official
Chairman does not have the authority to impose candidates of LDP Angara Wing. 
disciplinary sanctions on the Secretary General. As - The candidates from President down to the last
the Manifestation filed by the LDP General Counsel has Sangguniang Bayan Kagawad as nominated and endorsed
by LDP Secretary General Agapito Butz Aquino are
no basis, Rep. Aquino asked the COMELEC to disregard
recognized as official candidates of LDP Aquino Wing.
the same
 Consequently, each faction or Wing is entitled to a representative
 The parties agreed to file a joint manifestation pending to any election committee to which it may be entitled as created
which the proceedings were deemed by the Commission for the May 10, 2004 elections. 
suspended. However, only the LDP General Counsel filed  For the copies of the election returns, the Angara Wing will be
an Urgent Manifestation reiterating the contents of the entitled to the copies corresponding to odd number of precincts,
December 8, 2003 Manifestation. The COMELEC also that is, Precinct Nos. 1, 3, 5, etc., and for the Aquino Wing to
received a Letter from Rep. Aquino stating that the parties the even number of precincts, that is Precinct Nos. 2, 4, 6, etc. 
were unable to arrive at a joint manifestation  This is on the assumption that the LDP or as a party within a
- The next day, the LDP General Counsel filed registered Political Coalition becomes a recognized and
a Second Urgent Manifestation  disputing newspaper denominated as a Dormant Minority Party under the Election
Laws. The two LDP Wings are further entitled to and be accorded
 the rights and privileges with corresponding legal obligations  The two cited decisions find support in Sumulong v.
under Election Laws. COMELEC and Sotto v. COMELEC, where this Court, in
resolving the issue as to who between the factions of a
 Sen. Angara thus filed the present petition political party was entitled to nominate election inspectors,
for Certiorari assailing the COMELEC Resolution  for necessarily settled claims to the partys leadership. Both
having been issued with grave abuse of discretion. cases were decided without question on the COMELECs
power to determine such claims. In conformity with
 Thereafter, Rep. Aquino filed his Comment. jurisprudence, this Court did not identify the COMELECs
jurisdiction as an issue when this case was heard on oral
 The OSG submitted a Manifestation and Motion praying argument.
for the granting of the Petition. The COMELEC thus filed a  There is no inconsistency between the above cases on the
separate Comment  to the  Petition. one hand and this Courts more recent ruling in Sinaca v.
Mulaon the other. In the latter case, this Court held:
RULING: - A political party has the right to identify the people who
The ascertainment of the identity of a political party and its constitute the association and to select a standard bearer
legitimate officers is a matter that is well within the who best represents the partys ideologies and
authority of the Commission on Elections. preference. Political parties are generally free to conduct
 The source of this authority is no other than the their internal affairs free from judicial supervision; this
common-law principle of judicial restraint, rooted in the
fundamental law itself, which vests upon the COMELEC constitutionally protected right of free association, serves the
the power and function to enforce and administer all laws public interest by allowing the political processes to operate
and regulations relative to the conduct of an election. without undue interference. Thus, the rule is that the
 In the exercise of such power and in the discharge of such determination of disputes as to party nominations rests with
function, the Commission is endowed with ample the party, in the absence of statutes giving the court’s
“wherewithal” and “considerable latitude in adopting jurisdiction.
means and methods that will ensure the accomplishment - Quintessentially, where there is no controlling statute or
of the great objectives for which it was created to promote clear legal right involved, the court will not assume
jurisdiction to determine factional controversies within a
free, orderly and honest elections.”
political party, but will leave the matter for determination by
 Thus, in Kalaw v. Commission on Elections which the proper tribunals of the party itself or by the electors at the
involved the leadership fight in the Liberal Party,  this Court polls.Similarly, in the absence of specific constitutional or
held: legislative regulations defining how nominations are to be
- that COMELEC has jurisdiction to hear and decide SP Case made, or prohibiting nominations from being made in certain
No. 85-021 involving a petition to prohibit Eva Estrada Kalaw ways, political parties may handle such affairs, including
from usurping or using the title or position of President of the nominations, in such manner as party rules may establish. 
Liberal Party in view of its powers under Article IX-C, Section  Sinaca, unlike previous cases, did not involve the question
2, of the Constitution to, among others, enforce and of party identity or leadership; hence, it was not necessary
administer all laws relative to the conduct of elections, for the COMELEC to delve therein. None of the candidates
decide all questions affecting elections, register and regulate
involved in that case were claiming to be the political
political parties, and insure orderly elections. 
- These powers include the determination of the conflicting
partys sole candidate.
claims made in SP Case No. 85-021, which are likely to
cause confusion among the electorate if not The repercussions of the question of party identity and
resolved. Additionally, the COMELEC is mandated by the leadership do not end at the validity of the endorsement of
Election Code to inter alia require candidates to specify their the certificates of candidacy of persons claiming to be the
political party affiliation in their COC’s, allow political parties party’s standard bearer; In the case at bar, the Party
to appoint watchers, limit the expenditures of each political Chairman, purporting to represent the LDP, contends that
party, determine whether or not a political party shall retain under the Party Constitution only he or his representative, to
its registration on the basis of its showing in the preceding
the exclusion of the Secretary General, has the authority to
elections, etc. These matters include the ascertainment of
the identity of the political party and its legitimate endorse and sign, party nominations. The Secretary General
officers responsible for its acts and the resolution of vigorously disputes this claim and maintains his own authority.
such controversies as the one now before it where one  Clearly, the question of party identity or leadership has to
party appears to be divided into two wings under be resolved if the COMELEC is to ascertain whether the
separate leaders each claiming to be the president of the candidates are legitimate party standard bearers or not.
entire party.   The law grants a registered political party certain rights
 Likewise in Palmares v. COMELEC, to which the and privileges, which, naturally, redound to the benefit of
assailed Resolution made reference and which involved its candidates. It is also for this significant dimension that
the Nacionalista Partythis Court ruled Sinaca is not applicable in this case.
- that the COMELEC has jurisdiction over the issue of The Supreme Court will have to assume jurisdiction to
leadership in a political party. Under the Constitution, the
determine factional controversies within a political party
COMELEC is empowered to register political parties [Sec.
2(5), Article IX-C.]  where a controlling statute or clear legal right is involved.
- Necessarily, the power to act on behalf of a party and the  As conceded in Sinaca itself, verily, there is more than one
responsibility for the acts of such political party must be fixed law, as well as a number of clear legal rights, that are at
incertain persons acting as its officers. In the exercise of the stake in the case at bar.
power to register political parties, the COMELEC must
determine who these officers are.Consequently, if there is The law accords special treatment to political parties. 
any controversy as to leadership, the COMELEC may, in a  The dominant majority party, the dominant minority party as
proper case brought before it, resolve the issue incidental to determined by the COMELEC, for instance, is entitled to a copy of
its power to register political parties. the election returns
 The 6 accredited major political parties may nominate the
This Court then proceeded to quote from Kalaw, supra. principal watchers to be designated by the Commission.
 The 2 principal watchers representing the ruling coalition and the (1) When empowered by the Party Chairman, to sign
dominant opposition coalition in a precinct shall, if available, affix documents for and on behalf of the Party. 
their signatures and thumbmarks on the election returns for that  The Secretary Generals authority to sign documents,
precinct. therefore, is only a delegated power, which originally
 3 of the six accredited major political parties are entitled to receive pertains to the Party Chairman.
copies of the certificate of canvass.  Rep. Aquino claims that he was authorized to exercise to
 Registered political parties whose candidates obtained at least sign the party candidates certificates of candidacy in the
10% of the total votes cast in the next preceding senatorial previous elections.Indeed, the COMELEC found that:
election shall each have a watcher and/or representative in the - In fact, during the May 14, 2001 elections, oppositor Agapito
procurement and watermarking of papers to be used in the Butz Aquino, as LDP Secretary General, was authorized by
printing of election returns and official ballots and in the printing, the LDP to sign for the Certificates of Nomination of the LDP
numbering, storage, and distribution thereof. Senatorial Candidates, including the Certificate of
 Finally, a candidate and his political party are authorized to spend Nomination for Senatorial Candidate Edgardo J. Angara, a
more per voter than a candidate without a political party copy of said Certificate of Nomination and a copy of the
Corollary to the right of a political party “to identify the Certificate for Senator Edgardo J. Angara are attached as
people who constitute the association and to select a Annexes A and B, respectively. This action by Secretary
standard bearer who best represents the party’s General Aquino is in accordance with the Constitution and
ideologies and preference” is the right to exclude persons By-laws of LDP, not questioned by the LDP signed by its
in its association and to not lend its name and prestige to Secretary General. This revocation has not been revoked or
recalled by the National Congress of the LDP which is the
those which it deems undeserving to represent its ideals;
one authorized to nominate candidates for President and
 It is, therefore, in the interest of every political party not to Vice-President, respectively.
allow persons it had not chosen to hold themselves out as
representatives of the party.  Assuming that Rep. Aquino previously had such authority,
this Court cannot share the COMELECs finding that
A COC makes known to the COMELEC that the person the same has not been revoked or recalled.
therein mentioned has been nominated by a duly - No revocation of such authority can be more explicit
authorized political group empowered to act and that it than the totality of Sen.
reflects accurately the sentiment of the nominating body Angaras Manifestations and Petition before the
 A candidate’s political party affiliation is also printed COMELEC, through which he informed the
followed by his or her name in the certified list of Commission that Rep. Aquinos had been placed on
candidates. A candidate misrepresenting himself or herself indefinite forced leave and that Ambassador
to be a party’s candidate, therefore, not only Zaldivar has been designated Acting Secretary
misappropriates the party’s name and prestige but foists a General, who shall henceforth exercise all the powers
deception upon the electorate, who may unwittingly cast and functions of the Secretary General under the
its ballot for him or her on the mistaken belief that he or Constitution and By-Laws of the LDP. As the
she stands for the party’s principles. prerogative to empower Rep. Aquino to sign
 To prevent this occurrence, the COMELEC has the power documents devolves upon Sen. Angara, so he may
and the duty to step in and enforce the law not only to choose, at his discretion, to withhold or revoke such
protect the party but, more importantly, the electorate, in power.
line with the Commission’s broad constitutional mandate to  Both respondents Rep. Aquino and COMELEC also cited
ensure orderly elections. Section 6 of COMELEC Resolution No. 6453 as basis for
the Party Secretary Generals authority to sign certificates
WHO AS BETWEEN THE PARTY CHAIRMAN AND THE of candidacy. Said Section 6 states:
SECRETARY GENERAL HAS THE AUTHORITY TO SIGN SEC. 6. Certificate of nomination of official candidates by political
COCS OF THE OFFICIAL CANDIDATES OF THE PARTY? party. The certificate of nomination of registered political parties or
 Indeed, the petitioners’ Manifestation and Petition before coalitions of political parties of their official candidates shall be
the COMELEC merely asked the Commission to recognize filed not later than the last day for filing of certificates of
only those certificates of candidacy signed by petitioner candidacy, which is January 2, 2004 duly signed and attested
under oath by the party president, chairman, secretary-
Sen. Angara or his authorized representative, and no general or any other duly authorized officer and shall bear the
other. acceptance of the nominee by affixing his signature in the space
 To resolve the simple issue of determining who as provided therein.
between the Party Chairman and the Secretary
General has the authority to sign certificates of The COMELEC Resolution No. 6453 cannot grant a party
candidacy of the official candidates of the party, the official greater authority than what the party itself grants,
COMELEC need only to turn to the Party Constitution– lest the same amount to a violation of the party’s freedom
it need not go so far as to resolve the root of the of association.
conflict between the party officials.  Clearly, however, the above provision presupposes that
the party president, chairman or secretary-general has
 The LDP has a set of national officers composed of, been “duly authorized” by the party to sign the certificate of
among others, the Party Chairman and the Secretary candidacy.
General. The Party Chairman is the Chief Executive
Officer of the Party, whose powers and functions include: The lack of a political party’s Secretary General of
(1) To represent the Party in all external affairs and authority to sign documents or to nominate candidates for
concerns, sign documents for and on its behalf, and call the party would not result in the denial of due course to or
the meetings and be the presiding officer of the National
the cancellation of the certificates of candidacy he may
Congress and the National Executive Council.
have signed on behalf of the party–the candidates are
 The Secretary General, on the other hand, assists the
simply deemed as not nominated by the party and are
Party Chairman in overseeing the day-to-day operations of
considered independent candidates.
the Party. Among his powers and functions is:
 The exclusive ground for the denial of due course to or the dangerously too big and the opposition party too small to
cancellation of a certificate of candidacy for any elective be an effective check on the administration. The purpose
office is that any material representation contained therein of according dominant status and representation to a
as required by law is false. minority party is precisely to serve as an effective check
 Since the signature of Rep. Aquino was affixed either prior on the majority.
to, or on the basis of, the challenged Resolution  The COMELEC performed a disservice to the opposition
recognizing his authority to sign on behalf of the LDP, the and, ultimately, to the voting public, as its Resolution
same would not constitute material representation that is facilitated, rather than forestalled, the division of the
false. minority party.
 In such case, the candidates are simply deemed as not  The practical purpose of furnishing a party with a copy of
nominated by the LDP and are considered independent the election returns is to allow it to tally the results of the
candidates pursuant to Section 7 of COMELEC Resolution elections at the precinct level. Ultimately, it is a guard
No. 6453: against fraud. Thus, resort to copies thereof may be had
SEC. 7. Effect of filing certificate of nomination.–A candidate who when the election returns are delayed, lost or destroyed,
has not been nominated by a registered political party or its duly or when they appear to be tampered or falsified. A split
authorized representative, or whose nomination has not been party without a complete set of election returns cannot
submitted by a registered political party . . . shall be considered as successfully help preserve the sanctity of the ballot.
an independent candidate.
 It bears reminding respondent Commission of this Court’s
For all its conceded merits, equity is available only in the
pronouncement in Peralta v. Commission on Elections,
absence of law and not as its replacement.
which, while made in the backdrop of a parliamentary form
 From the foregoing, it is plain that the COMELEC
of government, holds equally true under the present
misapplied equity in the present case.
government structure: Political parties constitute a
 Equity is described as justice without legality, which simply basic element of the democratic institutional
means that it cannot supplant, although it may, as often apparatus–in modern times, the political party has
happens, supplement the law. The COMELEC should become the instrument for the organization of
have decided the case on the basis of the party societies, performing an essential function in the
constitution and election laws. It chose not to because of management of succession to power, as well as in the
its irrational fear of treading, as respondent Aquino put it, process of obtaining popular consent to the course of
on “unchartered” territories. But, as shown above, these public policy.
territories have long been charted by jurisprudence and, in
any case, the COMELEC need not have sailed far from
 This is predicated on the doctrine that government
the shore to arrive at the correct conclusion. In truth, the
exists with the consent of the governed. Political
COMELEC Resolution is indecision in the guise of equity.
parties perform an “essential function in the management
of succession to power, as well as in the process of
The COMELEC, by dividing a political party into “wings,”
obtaining popular consent to the course of public policy.
effectively diffused the party’s strength and undeniably
They amass sufficient support to buttress the authority of
emasculated its chance of obtaining the Commission’s
governments; or, on the contrary, they attract or organize
nod as the dominant minority party, and by allowing each
discontent and dissatisfaction sufficient to oust the
wing to nominate different candidates, the COMELEC
government. In either case they perform the function of the
planted the seeds of confusion among the electorate, who
articulation of the interests and aspirations of a substantial
are apt to be confounded by two candidates from a single
segment of the citizenry, usually in ways contended to be
political party.
promotive of the national weal.” The assailed COMELEC
 Worse, the COMELEC divided the LDP into “wings,” each Resolution does not advance, but subverts, this
of which may nominate candidates for every elective philosophy behind political parties.
position. Both wings are also entitled to representatives in
the election committees that the Commission may create. The constitutional policy towards a free and open party
In the event that the LDP is accorded dominant minority system envisions a system that shall “evolve according to
party election status, election returns of odd-numbered the free choice of the people,” not one molded and
precincts shall be furnished the Angara wing and those of whittled by the COMELEC.
even-numbered precincts, the Aquino wing.
 As if to rationalize its folly, the COMELEC invokes the
 In Recabo, Jr. v. Commission on Elections, this Court constitutional policy towards a free and open party system.
declared that the electoral process envisions one This policy, however, envisions a system that shall “evolve
candidate from a political party for each position, and according to the free choice of the people,” not one
disunity and discord amongst members of a political party molded and whittled by the COMELEC. When the
should not be allowed to create a mockery thereof. The Constitution speaks of a multi-party system, it does not
admonition against mocking the electoral process not only contemplate the COMELEC splitting parties into two. For
applies to political parties but with greater force to the doing just that, this pretender to the throne of King
COMELEC. Solomon acted whimsically and capriciously. Certiorari lies
against it, indeed.
By according both wings representatives in the election
committees, the COMELEC has eroded the significance of
political parties and effectively divided the opposition, and
by splitting copies of the election returns between the two
factions, the COMELEC has fractured both wings.
 The COMELEC has lost sight of the unique political
situation of the Philippines where, to paraphrase Justice
Perfecto’s concurring opinion in Sotto, supra, the
administration party has always been unnecessarily and