b. Jurisdiction

What is jurisdiction?

Jurisdiction means the power of a state under international law to govern persons and property by its municipal law. This may be criminal or civil, and may be exclusive or concurrent with other states. [HARRIS]

Powers

The power granted to HRET by the Constitution is intended to be as complete and unimpaired as if it had remained originally in the legislature [Co v. HRET, G.R. Nos. 92191-92 (1991), citing Angara v. Electoral Commission, supra].

The Constitution mandates that the HRET “shall be the sole judge of all contests relating to the election, returns and qualifications” of members of the House of Representatives. By employing the word “sole,” the Constitution is emphatic that the jurisdiction of the HRET in the adjudication of election contests involving members of the House of Representatives is exclusive and exhaustive. Its exercise of power is intended to be its own — full, complete and unimpaired [Duenas, Jr. v. HRET, G.R. No. 185401 (2009)].

What are the requisites for forum non conveniens?

Under the rule of forum non conveniens, a Philippine court or agency may assume jurisdiction over the case if it chooses to do so, provided:

• that the Philippine court is one to which the parties may conveniently resort to;
• that the Philippine court is in a position to make an intelligent decision as to the law and the facts; and
• that the Philippine court has or is likely to have power to enforce its decision. (Manila Hotel v. NLRC, G.R. No. 120077, October 13, 2000).

Nature

Jurisdiction: Sole judge of all contests relating to the election, returns, and qualifications of their respective members.

Powers not given to COMELEC

• Decide questions involving the right to vote (placed under jurisdiction of courts);
• Transfer municipalities from one congressional district to another for the purpose of preserving proportionality.

Cf. R.A. No. 7055 (1991)

An Act Strengthening Civilian Supremacy over the Military by Returning to the Civil Courts the Jurisdiction over Certain Offenses involving Members of the Armed Forces of the Philippines, other Persons Subject to Military Law, and the Members of the Philippine National Police, Repealing for the Purpose Certain Presidential Decrees

R.A. No. 7055 provides that when these individuals commit crimes or offenses penalized under the RPC, other special penal laws, or local government ordinances, regardless of whether civilians are co-accused, victims, or offended parties which may be natural or juridical persons, they shall be tried by the proper civil court, except when the offense, as determined before arraignment by the civil court, is service-connected in which case it shall be tried by court-martial.

The assertion of military authority over civilians cannot rest on the President's power as Commander in Chief or on any theory of martial law. As long as civil courts remain open and are regularly functioning, military tribunals cannot try and exercise jurisdiction over civilians for offenses committed by them and which are properly cognizable by civil courts [Olaguer v. Military Commission No. 34, supra].