GERARDO MORRERO, PETITIONER, VS. JUAN L. BOCAR AND THE AUDITOR GENERAL, RESPONDENTS.

Petitioner Gerardo Morrero and respondent Joan L. Bocar were candidates
for membership of the National Assembly from the third district of the
Province of Samar. As a result of the canvass of votes cast in the
election, the provincial board of canvassers proclaimed the election of
respondent Bocar with a total of 5,213 votes as against 4,350 votes
cast for the petitioner Morrero. Bocar took the oath of office on
November 15, 1935. Shortly thereafter, Morrero filed with the Electoral
Commission a protest alleging, among other things:

“That
the protestee, Juan L. Bocar, was born sometime in May, 1906, and
consequently, he was not thirty years of age or over as required by
Article VI, section 2, of the Constitution of the Philippines at the
time of his election as Member of the National Assembly; nor will he
have attained the age required by the said Constitution at the
beginning of his term of office, upon the issuance of the proclamation
by the President of the United States, announcing the results of the
election, which will be made to coincide with the inauguration of the
Commonwealth of the Philippines on November 15, 1935; and that he was,
therefore, ineligible for election and to assume office as Member of
the National Assembly.”

Morrero prayed
“that this Honorable Electoral Commission declare the protestee, Juan
L. Bocar, ineligible for the office of Member of the National Assembly
and his election to said office null and void; and that the herein
protestant, Gerardo Morrero, be declared the duly elected Member of the
National Assembly, giving him such other remedy as may be deemed just
and equitable in the premises.” After due hearing, the Electoral
Commission dismissed the protest.

The real object of the
present petition is to have this court review the decision of the
Electoral Commission and “issue an order prohibiting the respondent
Auditor General from passing in audit or authorizing in any way the
disbursement of funds of the National Assembly as emoluments for the
respondent, Juan L. Bocar, and declaring that the latter is without
right to continue holding the office of member of the National Assembly
from the 3rd district of Samar.”

Section 4 of Article VI of
the Constitution provides that “* * * The Electoral Commission shall be
the sole judge of all contests relating to the election, returns, and
qualifications of the Members of the National Assembly.” The language
of this provision is clear. It vests in the Electoral Commission
exclusive jurisdiction to pass upon, the qualifications of a member of
the National Assembly. The judgment rendered by the commission in the
exercise of such an acknowledged power is beyond judicial interference,
except, in any event, “upon a clear showing of such arbitrary and
improvident use of the power as will constitute a denial of due process
of law.” (Barry vs. United States ex ret Cunningham, 279 U. S., 597; 73 Law. ed., 867, Angara vs. Electoral Commission, 35 Off. Gaz., 23.)

The decision involved in this proceeding was rendered by the Electoral
Commission after due hearing. It held “that Juan L. Bocar was, under
the Constitution, elected Member of the National Assembly for the third
district of Samar.” This decision is final and beyond the authority of
this court to review.

The petition in this case is dismissed with costs. So ordered.

Avanceña, C. J., Diaz, Concepcion, Horrilleno, and Moran, JJ., concur.