GR.

179431-32

Luis K. Lokin vs COMELEC

Facts:

 CIBAC (Citizens Battles Against Corruption) a registered party-list system manifested their
intent to participate in May 14, 2007 elections.
 Through its President Joel Villanueva CIBAC submitted a list of its 5 nominees including the
name of the petitioner Luis Lokin.
 Prior to elections CIBAC through its president filed certificate of substitution and
amendment of its list of nominees whereby it withdrew the nomination of petitioner and 2
others, thus petitioner opposed this action by CIBAC before the COMELEC.
 The COMELEC en banc resolved the matter approving the withdrawal of nomination of
petitioner.
 COMELEC reasoned that CIBAC President Villanueva has the power under the CIBAC by-
laws to withdraw its nominees without board approval.

ISSUE:

Whether COMELEC committed grave abuse of discretion amounting to lack or in excess of

jurisdictions in approving the withdrawal of nominees of CIBAC without any basis in fact
and in law?

RULING:

 Yes. The basis of CIBAC to unilaterally withdraw it nominees is not provided for under
Party-list System Law or RA 7941 which was subsequently approved by COMELEC
 COMELEC has neither the authority to expand, extend, or add anything to the law it seeks to
implement.
 The legislative power of the government is vested in the legislature in accordance with
doctrine of separation of powers.
 As a general rule, the legislative cannot surrender or abdicate its legislative power, for doing
so will be unconstitutional.
 Although the powers to make laws cannot be delegated by the legislative to any other
authority, a power that is not legislative in character may be delegated.
 Under certain circumstances, the legislature can delegate to executive office vers or
administrative boards the authority to adopt or promulgate IRRs.
 To render such delegation lawful the legislature must declare the policy of the law and fix
legal principle that are to control in given case.