371 Phil. 280; 96 OG No. 38, 5906 (September 18, 2000)
YNARES-SANTIAGO, J.:
"THE RESPONDENT HRET COMMITTED GRAVE ABUSE OF DISCRETION IN DENYING THE PETITION BELOW DESPITE ACTUAL PAYMENT BY HEREIN PETITIONER (ALBEIT LATE) OF THE REQUIRED CASH DEPOSIT OF P5,000.00, THEREBY STRICTLY AND LITERALLY CONSTRUING THE HRET RULES IN CONTRAVENTION OF RULE 2 (OF THE SAME RULES) ENJOINING A LIBERAL CONSTRUCTION THEREOF.On September 24, 1998, Congressman Angping filed his Comment[9] to the petition arguing that there was no grave abuse of discretion committed as the dismissal of the petition below was based on clear and unambiguous provisions of the HRET which leave no room for liberal construction. Furthermore, Congressman Angping argued that this Court is not a trier of facts and that all election contests lie within the exclusive jurisdiction of the HRET.
THE RESPONDENT HRET COMITTED GRAVE ABUSE OF DISCRETION IN DISMISSING THE PETITION BELOW UPON A MERE TECHNICALITY EVEN AS THE EVIDENCE AND/OR DOCUMENTS ATTACHED THEREIN CLEARLY SHOW THE INELIGIBILITY OF RESPONDENT ANGPING TO HOLD AND/OR CONTINUE TO ASSUME OFFICE AS MEMBER OF THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF THE PHILIPPINES."[8]
"x x x. In Robles vs. HRET (181 SCRA 780), the Court has explained that while the judgments of the Tribunal are beyond judicial interference, the Court may do so, however, but only `in the exercise of this Courts so-called extraordinary jurisdiction, ... upon a determination that the Tribunal's decision or resolution was rendered without or in excess of jurisdiction, or with grave abuse of discretion or paraphrasing Morrero, upon a clear showing of such arbitrary and improvident use by the Tribunal of its power as constitutes a denial of due process of law, or upon a determination of a very clear unmitigated error, manifestly constituting such grave abuse of discretion, that there has to be a remedy for such abuse'.That this Court may very well inquire into the issue of whether the complained act of the HRET has been made with grave abuse of discretion may be inferred from Section 1, Article VIII of the Constitution which has expanded judicial power to include the determination of "whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government."
In the old, but still relevant, case of Morrero vs. Bocar (66 Phil. 429), the Court has ruled that the power of the Electoral Commission `is beyond judicial interference except, in any event, upon a clear showing of arbitrary and improvident use of power as will constitute a denial of due process'. The Court does not, to paraphrase it in Co vs. HRET (199 SCRA 692), venture into the perilous area of correcting perceived errors of independent branches of the Government; it comes in only when it has to vindicate a denial of due process or correct an abuse of discretion so grave or glaring that no less than the Constitution itself calls for remedial action."
"RULE 32. Cash Deposit. - In addition to the fees prescribed in the preceding Rule, each protestant, counter-protestant or petitioner in quo warranto shall make a cash deposit with the Tribunal in the following amounts:
(1) in a petition for quo warranto, Five Thousand (P5,000.00) Pesos;
(2) if the protest or counter-protest does not require the bringing to the Tribunal of ballot boxes and other election documents and paraphernalia from the district concerned, Five Thousand (P5,000.00) Pesos;(3) if the protest or counter-protest requires the bringing of ballot boxes and other election documents and paraphernalia, Five Hundred (P500.00) Pesos for each precinct involved therein; Provided, that in no case shall the deposit be less than Ten Thousand (P10,000.00)Pesos;(4) if, as thus computed, the amount of the deposit does not exceed Seventy Five Thousand (P75,000.00) Pesos, the same shall be made in full with the Tribunal within ten (10) days after filing of the protest or counter-protest;(5) if the deposit exceeds Seventy Five Thousand (P75,000.00) Pesos, partial deposit of at least Seventy Five Thousand (P75,000.00) Pesos shall be made within ten (10) days after the filing of the protest or counter-protest. The balance shall be paid in such installments as may be required by the Tribunal on at least five (5) days advance notice to the party required to make the deposit.
"RULE 21. Summary Dismissal of Election Contest. - An election protest or petition for quo warranto may be summarily dismissed by the Tribunal without the necessity of requiring the protestee or respondent to answer if, inter alia:Rule 33 of the Rules likewise provides ---
(1) the petition is insufficient in form and substance; (2) the petition is filed beyond the period provided in Rules 16 and 17 of these Rules; (3) the filing fee is not paid within the period provided for filing the protest or petition for quo warranto; (4) in case of protests where a cash deposit is required, the cash deposit or the first P100,000.00 thereof, is not paid within ten (10) days after the filing of the protest; (5) the petition or copies thereof and the annexes thereto filed with the Tribunal are not clearly legible." (underscoring ours)
"RULE 33. Effect of Failure to Make Cash Deposit. - If a party fails to make the cash deposits or additional deposits herein provided within the prescribed time limit, the Tribunal may dismiss the protest, counter-protest, or petition for quo warranto, or take such action as it may deem equitable under the circumstances."It may be argued that unlike in the case of election protests, no period is provided for to make the cash deposit in the case of petitions for quo warranto. However, the cash deposit required in quo warranto cases is fixed, i.e., P5,000.00. It does not vary nor can it be varied; it is required to be paid together with the filing fee at the time the petition is filed. It is different from a protest and/or counter-protest where the amount of the required cash deposit is yet to be determined since it has to be based on the number of ballot boxes and other election documents and paraphernalia to be collected and brought to the tribunal. Therefore, depending on the amount that may be required for the collection of the ballot boxes and other election documents and paraphernalia, the parties are given specified periods within which to pay. Thus, when the required amount of cash deposits does not exceed P75,000.00, the party concerned must make the deposit within ten (10) days after the filing of the protest or counter-protest; otherwise, when it exceeds P75,000.00 he is required to make a partial deposit of at least P75,000.00 likewise within ten (10) days and the balance payable in installments as may be determined by the Tribunal.
"Certiorari as a special civil action can be availed of only if there is concurrence of the essential requisites, to wit: (a) the tribunal, board or officer exercising judicial functions has acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or in excess or jurisdiction, and (b) there is no appeal, nor any plain, speedy and adequate remedy in the ordinary course of law for the purpose of annulling or modifying the proceeding. There must be a capricious, arbitrary and whimsical exercise of power for it to prosper."[13]Indeed, the function of this Court is merely to check whether grave abuse of discretion has been committed by the HRET in the dismissal of the petition for quo warranto before it. A petition for certiorari under Rule 65 of the Rules of Court will prosper only if there is a showing of grave abuse of discretion or an act without or in excess of jurisdiction on the part of respondent tribunal.[15] In the absence of such a showing, there is no reason for this Court to annul the decision of the respondent tribunal or to substitute it with its own judgment, for the simple reason that its is not the office of a petition for certiorari to inquire the correctness of the assailed decision. In this case, as we have stated above, we find that the HRET committed no grave abuse of discretion. The instant petition must be dismissed.
"To question the jurisdiction of the lower court or the agency exercising judicial or quasi-judicial functions, the remedy is a special civil action for certiorari under Rule 65 of the Rules of Court. The petitioner in such cases must clearly show that the public respondent acted without jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. Grave abuse of discretion defies exact definition, but generally refers to `capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility.'
"It has been held, however, that no grave abuse of discretion may be attributed to a court simply because of its alleged misappreciation of facts and evidence. A writ of certiorari may not be used to correct a lower tribunal's evaluation of the evidence and factual findings. In other words, it is not a remedy for mere errors of judgment, which are correctible by an appeal or a petition for review under Rule 45 of the Rules of Court.
"In fine, certiorari will issue only to correct errors of jurisdiction, not errors of procedure or mistakes in the findings or conclusions of the lower court. As long as a court acts within its jurisdiction, any alleged errors committed in the exercise of its discretion will amount to nothing more than errors of judgment which are reviewable by timely appeal and not by special civil action for certiorari."[14]