Professional Documents
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Election Law Cases
Election Law Cases
Valencia)
Compiled by: Wigmore #wigmoreforever
FIRST 3 CASES – ADDED BY ATTY. October 9, 2008. Hence, this Petition for
VALENCIA* Certiorari
FACTS: Petitioner Constancio D. Pacanan, Jr. Petitioner invokes liberality in the application of
and private respondent Francisco M. Langi, Sr. the election law. He asserts that the popular will
were candidates for mayor in the municipality of of the people expressed in the election of public
Motiong, Samar during the May 14, 2007 officers should not be defeated by reason of
elections. After the canvassing of votes, the sheer technicalities. Petitioner argues that the
Municipal Board of Canvassers (MBC) of true will of the people of Motiong in the May 14,
Motiong, Samar proclaimed petitioner as the 2007 elections should be determined by ordering
duly elected mayor, having garnered a total of the Comelec to give due course to his appeal
3,069 votes against private respondents 3,066 and to resolve the same on the merits.
votes.
ISSUE: Whether the Order of Comelec First
Thereafter, private respondent filed with the Division and the Resolution of the Comelec
RTC a Protest dated May 25, 2007 which was En Banc dismissing petitioner’s appeal be
docketed as Election Case No. 07-1, contesting set aside, applying the mandated liberal
the results of the elections in 10 of the 49 construction of election laws with regards to
precincts in Motiong, Samar, and alleging acts of non-payment or the insufficient payment of
violence and intimidation and other election appeal fees.
irregularities in the appreciation of the votes by
the MBC. RULING: The Court granted the petition.
On January 7, 2008, the RTC rendered a Section 3, Rule 22 (Appeals from Decisions of
decision in Election Case 07-1, which declared Courts in Election Protest Cases) of the
private respondent as the winner in the May 14, Comelec Rules of Procedure mandates that the
2007 mayoralty race for Motiong, Samar with a notice of appeal must be filed within five (5) days
plurality of six (6) votes and annulled the after promulgation of the decision.
proclamation as mayor of the petitioner. Private
respondent was awarded the amount of P Moreover, Sections 3 and 4, Rule 40 of the
32,510 as actual damages. Comelec rules require the payment of appeal
fees in appealed election protest cases, the
On January 10, 2008, petitioner filed a notice of amended amount of which was set at P3,200.00
appeal and before the RTC, Branch 27, in Comelec Minute Resolution No. 02-0130,[11]
Catbalogan, Samar. He also appealed the RTC to wit:
decision dated January 7, 2008 to the Comelec
which docketed the case as EAC No. A-13-2008. Sections 8 and 9, Rule 14 of A.M. No. 07-4-15-
SC also provide the procedure for instituting an
On March 17, 2008, the Comelec First Division appeal and the required appeal fees to be paid
issued an Order dismissing the appeal for for the appeal to be given due course.
Protestee-Appellants failure to pay the correct
appeal fee as prescribed by the Comelec Rules With the promulgation of A.M. No. 07-4-15-SC,
the previous rule that the appeal is perfected
only upon the full payment of the appeal fee,
now pegged at P3,200.00, to the COMELEC
Cash Division within the period to appeal, as
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ELECTION LAWS Case Digest (Atty. Valencia)
Compiled by: Wigmore #wigmoreforever
stated in the COMELEC Rules of Procedure, as and disposition of every action and proceeding
amended, no longer applies. brought before the Comelec.
To clarify the procedural rules on the payment of The petition is granted. The case was
appeal fees, the COMELEC issued on July 15, REMANDED to the Comelec First Division for
2008, Resolution No. 8486, which the Court further proceedings, in accordance with the rules
takes judicial notice of. The resolution pertinently and with this disposition.
reads:
xxx The non-payment or the insufficient SULIGUIN VS COMELEC (sa net ko lang to
payment of the additional appeal fee of kinuha)
P3,200.00 to the COMELEC Cash Division, in
accordance with Rule 40, Section 3 of the Promulgate rules and regulations The
COMELEC Rules of Procedure, as amended, COMELEC has the discretion to liberally
does not affect the perfection of the appeal and construe its rules and, at the same time,
does not result in outright or ipso facto suspend the rules, or any portion thereof, in the
dismissal of the appeal. Following, Rule 22, interest of justice. Disputes in the outcome of
Section 9 (a) of the COMELEC Rules, the elections involve public interest; as such,
appeal may be dismissed. And pursuant to Rule technicalities and procedural barriers should not
40, Section 18 of the same rules, if the fees are be allowed to stand if they constitute an obstacle
not paid, the COMELEC may refuse to take to the determination of the true will of the
action thereon until they are paid and may electorate in the choice of their elective officials.
dismiss the action or the proceeding. In such a Laws governing such disputes must be liberally
situation, the COMELEC is merely given the construed to the end that the will of the people in
discretion to dismiss the appeal or not. the choice of public officials may not be defeated
by mere technical objections .
The COMELEC First Division should have been
more cautious in dismissing petitioners appeal PART 1
on the mere technicality of non-payment of the PRELIMINARIES
additional P3,200.00 appeal fee given the public
interest involved in election cases. This is
especially true in this case where only one vote I.1. General Provisions
separates the contending parties. The Court
stresses once more that election law and rules I.2. Suffrage, Objectives, Underlying
are to be interpreted and applied in a liberal Philosophy: Constitutional Provision,
manner so as to give effect, not to frustrate, the Definition, Nature and Basis: Article
will of the electorate. 2, Section1; Article V
Applying the mandated liberal construction of
election laws, the Comelec should have initially EN BANC
directed the petitioner to pay the correct appeal G.R. No. 122250 & 122258. July 21, 1997
fee with the Comelec Cash Division, and should
not have dismissed outright petitioners appeal. EDGARDO C. NOLASCO, petitioner, vs.
This would have been more in consonance with COMMISSION ON ELECTIONS, MUNICIPAL
the intent of the said resolution which sought to BOARD OF CANVASSERS, MEYCAUAYAN,
clarify the rules on compliance with the required BULACAN, and EDUARDO A. ALARILLA,
appeal fees. respondents.
FLORENTINO P. BLANCO, petitioner, vs.
Moreover, the Comelec Rules of Procedure are COMMISSION ON ELECTIONS and
subject to a liberal construction. This liberality is EDUARDO A. ALARILLA, respondents.
for the purpose of promoting the effective and
efficient implementation of the objectives of FACTS: The election for mayor of Meycauayan,
ensuring the holding of free, orderly, honest, Bulacan was held on May 8, 1995. Blanco
peaceful and credible elections and for achieving received 29,753 votes, while Alarilla got 23,038
just, expeditious and inexpensive determination votes. Edgardo Nolasco was elected Vice-Mayor
with 37,240 votes. On May 9, 1995, Alarilla filed
with the COMELEC a petition to disqualify
Blanco. He alleged:
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ELECTION LAWS Case Digest (Atty. Valencia)
Compiled by: Wigmore #wigmoreforever
xxxx
allowed to withdraw (10) large plastic bags from
4. Based on intelligence reports that respondent the vault.
was maintaining his own `private army' at his
residence at Bancal, Meycauayan, Bulacan. 13. When the said PNP composite team
P/Insp. Ronaldo O. Lee of the Philippine examined the (10) black plastic bags, they found
National Police applied for and was granted out that each bag contained ten (10) shoe boxes
search warrant no. 95-147. which contained 200 pay envelopes. Each pay
envelope contained the amount of P1,000.00.
5. In compliance with said search warrant, an The total amount of money in the (10) plastic
elite composite team of the PNP Intelligence bags is P10,000,000.00.
Command, Criminal Investigation Service (CIS),
and Bulacan Provincial Command, backed up by 14. The labels found in the envelope shows that
the Philippine National Police Special Action the money were intended as respondent's bribe
Force, accompanied by mediamen who money to the teachers of Meycauayan.
witnessed and recorded the search by video and
still cameras, raided the house of respondent 15. On election day 8 May 1995, respondent
Florentino Blanco. perpetrated the most massive vote-buying
activity ever in the history of Meycauayan
6. A video tape was taken of the proceedings politics. This P10,000,000.00 was placed in 100
during the raid. peso denominations totalling one thousand
pesos per envelope with the inscription `VOTE!!!
7. The composite team was able to enter the TINOY.'
said premises of respondent Florentino Blanco
where they conducted a search of the subject This massive vote-buying activity through
firearms and ammunition. respondent's organization called `MTB' or
`MOVEMENT FOR TINOY BLANCO
8. The search resulted in the arrest of (6) men VOLUNTEERS.' The chairman of this movement
who were found carrying various high powered is respondent's brother, Mariano P. Blanco, who
firearms without any license or authority to use admitted to the police during the raid that these
or possess such long arms. money were for the teachers and watchers of
Meycauayan, Bulacan.
9. During the search, members of the composite
team saw through a large clear glass window, An MTB ID issued to one Armando Bulan of
respondent's Galil assault rifle on a sofa inside a
Precinct 77-A, Brgy. Jasmin, Bancal,
closed room of the subject premises.
Meycauayan, Bulacan shows that the ID is
perforated in the middle. The purpose is for the
10. Not allowed entry thereto by respondent and voter to tear the office copy and return it to
his wife, the members of the composite police- respondent's headquarters to receive the
military team applied for the issuance of a balance of the P500.00 of the bribe money after
second search warrant so that they could enter
voting for respondent during the elections. The
the said room to seize the said firearm.
voter will initially be given a down-payment of
P500.00.
11. While waiting for the issuance of the second
search warrant, respondent's wife and
16. This massive vote-buying was also
respondent's brother, Mariano Blanco, claiming
perpetrated by respondent thru the familiar use
to be the campaign manager of respondent in
of flying voters. (6) flying voters were caught in
the Nationalist People's Coalition Party, asked
different precincts of Meycauayan, Bulacan, who
permission to enter the locked room so they
admitted after being caught and arrested that
could withdraw money in a vault inside the
they were paid P200.00 to P300.00 by
locked room to pay their watchers, and the
respondent and his followers, to vote for other
teachers of Meycauayan in the 8 May 1995
voters in the voter's list.
elections.
17. Respondent's paid voter will identify his
12. For reasons not known to petitioner, Mrs.
target from the list of voter and will impersonate
Florentino Blanco and Mariano Blanco, were
said voter in the list and falsify his signature.
One ne Ma. Luisa de los Reyes Cruz stated that
when she went to her precinct to vote, her name
was already voted upon by another person.
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ELECTION LAWS Case Digest (Atty. Valencia)
Compiled by: Wigmore #wigmoreforever
18. Earlier before the election, respondent used
his tremendous money to get in the good graces 17, 1995 order suspending proclamation of
of the local Comelec Registrar, who was Petitioner Blanco herein as the winning
replaced by this Office upon the petition of the candidate for Mayor of Meycauayan without the
people of Meycauayan. benefit of any notice or hearing in gross and
palpable violation of Blanco's constitutional right
19. The second search warrant on respondent's to due process of law; violating Blanco's right to
residence yielded to more firearms and equal protection of the laws by setting him apart
thousands of rounds of ammunition. These guns from other respondents facing similar
were used by respondent to terrorize the disqualification suits whose case were referred
population and make the people afraid to by COMELEC to the Law Department pursuant
complain against respondent's massive vote to Com. Res. No. 2050 and ordering their
buying and cheating in today's elections. proclamation -- an act which evidently
discriminated against Petitioner Blanco; in
20. The above acts committed by respondent holding that questions of VOTE-BUYING,
are clear grounds for disqualification under Sec. terrorism and similar such acts should be
68 of the Omnibus Election Code for giving resolve in a formal election protest where the
money to influence, induce or corrupt the voters issue of vote buying is subjected to a full-dress
or public officials performing election functions; hearing instead of disposing of the issue in a
for committing acts of terrorism to enhance his summary proceeding; and ordering the
candidacy; and for spending in his election proclamation of a SECOND PLACER as the duly
campaign an amount in excess of that allowed elected Mayor of Meycauayan, Bulacan, in gross
by the Election Code. There are only 97,000 violation and utter disregard of the doctrine laid
registered voters in Meycauayan versus down by in the case of LABO vs. COMELEC.
respondent's expenses of at least
P10,000,000.00 as admitted above. On the other hand, Nolasco contends that he
should be declared as Mayor in view of the
On May 15, 1995, Alarilla filed a Very Urgent Ex disqualification of Blanco. He cites section 44 of
Parte Motion to Suspend Proclamation. The R.A. No. 7160 otherwise known as the Local
COMELEC granted the motion after finding that Government Code of 1991 and our decision in
there was a "probable commission of election Labo vs. COMELEC.
offenses which are grounds for disqualification
pursuant to section 68 of the Omnibus Election ISSUES:
Code (BP 881), and the evidence in support of
disqualification is strong." 1. WON Blanco was denied due process and
equal protection of laws
On May 25, 1995, Blanco filed a Motion to Lift or 2. WON the COMELEC committed grave abuse
Set Aside the Order suspending his of discretion in proclaiming Alarilla as the duly
proclamation. On May 29, 1995, he filed his elected mayor
Answer to the petition to disqualify him.
HELD:
On August 15, 1995, the COMELEC disqualified
Blanco on the ground of vote-buying, viz. Blanco 1. Blanco was not denied due process and equal
moved for reconsideration in the COMELEC en protection of the laws and his contention that the
banc. Nolasco, as vice mayor, intervened in the minimum quantum of evidence was not met is
proceedings. He urged that as vice-mayor he untenable. What RA 6646 and the COMELEC
should be declared mayor in the event Blanco Rules of Procedure require is a mere evidence
was finally disqualified. The motions were heard of guilt that should be strong to justify the
and the parties were allowed to file their COMELEC in suspending a winning candidate’s
memoranda with right of reply. However, the proclamation.
COMELEC en banc denied the motions for
reconsideration. In any event, Blanco was given all the
opportunity to prove that the evidence on his
In this petition for certiorari, Blanco contends disqualification was not strong. On May 25,
that COMELEC En Banc committed grave abuse 1995, he filed a Motion to Lift or Set Aside the
of discretion amounting to lack or excess of Order suspending his proclamation. On May 29,
jurisdiction in upholding the validity of the May 1995, he filed his Answer to the petition to
disqualify him. The COMELEC heard the
petition. Blanco thereafter submitted his position
COMPILED BY: WIGMORE #WIGMOREFOREVER 5
paper and reply to Alarilla's position paper. The ELECTION LAWS Case Digest (Atty. Valencia)
COMELEC considered the evidence of the Compiled by: Wigmore #wigmoreforever
parties and their arguments and thereafter
affirmed his disqualification. The hoary rule is assert this sovereign will, that abiding credo of
that due process does not mean prior hearing republicanism is translated into living reality. If
but only an opportunity to be heard. The that will must remain undefiled at the starting
COMELEC gave Blanco all the opportunity to be level of its expression and application, every
heard. assumption must be indulged in and every
guarantee adopted to assure the unmolested
It cannot be denied that the COMELEC has exercise of the citizen's free choice. For to
jurisdiction over proclamation and impede, without authority valid in law, the free
disqualification cases. Article IX-C, section 2 of and orderly exercise of the right of suffrage, is to
the Constitution endows the COMELEC the all inflict the ultimate indignity on the democratic
encompassing power to "enforce and administer process."
all laws and regulations relative to the conduct of
an election x x x." We have long ruled that this
broad power includes the power to cancel
proclamations. Our laws are no less explicit on G.R. No. L-46863, November 18, 1939 IRINEO
the matter as provided in Section 68 of B.P. Blg. MOYA, petitioner, vs. AGRIPINO GA. DEL
881 and Section 6 of R.A. No. 6646. FIERO, respondent.
Blanco's contention that he was denied equal FACTS: This is a petition for review by certiorari
protection of the law is off-line. He was not the of the judgment of the Court of Appeals
object of any invidious discrimination. declaring the respondent, Agripino Ga. del
COMELEC assumed direct jurisdiction over his Fierro, the candidate-elect for the office of mayor
disqualification case not to favor anybody but to of the municipality of Paracale, Province of
discharge its constitutional duty of disposing the Camarines Norte, with a majority of three votes
case in a fair and as fast a manner as possible. over his rival, Irineo Moya. In the general
elections held on December 14, 1937, the
parties were contending candidates for mayor.
2. Nolasco, not Alarilla, is adjudged as the After canvass of the returns the municipal
Mayor of Meycauayan. It is already a settled council of Paracale, Del Fierro was proclaimed
principle in the case of Reyes v COMELEC that as the elected mayor of said municipality with a
the candidate with the second highest number of majority of 102 votes. Moya field a motion of
votes cannot be proclaimed winner in case the protest in the Court of First Instance of
winning candidate be disqualified. There cannot Camarines Norte. The Court of Appeals
be an assumption that the second placer would rendered the judgment in favor of del Fierro
have received the other votes otherwise it is a which is sought by Moya to be reviewed and
judgment substituting the mind of a voter. It reversed upon the alleged errors committed:
cannot be assumed that the second placer
would have won the elections because in the 1. In admitting and counting in favor of the
situation where the disqualified candidate is respondent, 8 ballots either inadvertently or
excluded, the condition would have substantially contrary to the controlling decisions of this
changed. Honorable Court.
2. In admitting and counting in favor of the
Consequently, respondent COMELEC respondent, 3 ballots marked "R. del Fierro."
committed grave abuse of discretion insofar as it 3. In admitting and counting in favor of the
failed to follow the above doctrine, a descendant respondent, 7 ballots marked "Rufino del Firro."
of our ruling in Labo v. COMELEC. The dispute 4. In admitting and counting in favor of the
at bar involves more than the mayoralty of the respondent, 72 ballots marked "P. del Fierro."
municipality of Meycauyan, Bulacan. It concerns
the right of suffrage which is the bedrock of ISSUE: Whether or not the ballots were
republicanism. Suffrage is the means by which erroneously admitted in favor of del Fierro.
our people express their sovereign judgment. Its
free exercise must be protected especially HELD: The SC dismissed the petition because
against the purchasing power of the peso. As in result even if the ballots contested are
succinctly held in People v. San Juan, "each counted in favor of Moya, del Fierro still wins by
time the enfranchised citizen goes to the polls to one vote.
ISSUE: Whether or not the dismissal issued by was sought to be thus utilized in these two
COMELEC on March 23, 1968 is valid. cases, perhaps in a rather awkward and far from
entirely satisfactory manner. That in itself is no
HELD: NO. Without the lower court having so reason for the courts to slam the door against
intended, the dismissal would amount to judicial any opportunity for redress. Yet, that is what
abnegation of a sworn duty to inquire into and would happen if the order of dismissal
pass upon in an appropriate proceeding complained of were not set aside. Hence the
allegations of misconduct and misdeeds of such inevitability of its reversal.
character. Accordingly, we reverse.
The scope of our decision must not be
Why an election protest is more fitly and misinterpreted however. All that it directs is that
appropriately the procedure for determining the protestees in both cases be required to
whether irregularities or serious violations of the answer. Thereafter, if, as is not unlikely, there be
electoral law vitiated the conduct of elections a denial of the serious imputations made as to
was clearly and succinctly explained in the the alleged irregularities, the lower court could
Moscoso decision, the opinion coming from properly inquire into what actually transpired.
Justice Makalintal. After the facts are thus ascertained in
accordance with the accepted procedural rules,
Thus: "The question of whether or not there had then the appropriate law could be applied. It
been terrorism, vote-buying and other must be clearly emphasized that we do not at
irregularities in the 1959 elections in Tacloban this stage intimate any view as to the merit, or
City should be ventilated in a regular election lack of it, of either protest. That would be
protest, pursuant to Section 174 of the Election premature to say the least.
Code, and not in a petition to enjoin the city
board of canvassers from canvassing the All we do is to set aside the order of dismissal.
election returns and proclaiming the winning The order of dismissal of March 23, 1968, is
candidates for municipal offices." reversed and the two cases remanded to the
lower court for proceeding and trial in
It would follow then that if the grievance relied accordance with this opinion and the law.
upon is the widespread irregularities and the
flagrant violations of the election law, the proper
remedy is the one availed of here, the protest.
That such should be the case should occasion
no surprise. If that right be disregarded or ROMUALDEZ VS RTC TACLOBAN
frittered away, then popular sovereignty 226 SCRA 408
becomes a myth. A republic then to be true to its FACTS:
name requires that the government rests on the Petitioner Philip Romuadez is a natural born
consent of the people, consent freely given, citizen of the Philippines, also the son of the
intelligently arrived at, honestly recorded, and former Governor of Leyte and nephew of then
thereafter counted. Only thus can they be really First Lady Imelda Marcos.
looked upon as the ultimate sources of
established authority. It is their undeniable right In the early 1980s, he established his legal
to have officials of their unfettered choice. The residence in Brgy. Malbog, Tolosa, Leyte by
election law has no justification except as a causing the cinstruction of his residential house
means for assuring a free, honest and orderly therein. He also served as Brgy. Captain in the
expression of their views. It is of the essence 1980s and had also acted as Campaign
that corruption and irregularities should not be Manager of the Kilusang Bagong Lipunan in
permitted to taint the electoral process. It may Leyte, where he voted in the 1984 Batasan
not always be thus unfortunately. That should be Election and in the 1986 Snap Presidential
the ideal however. If there be a failure to Election.
observe the mandates of the Election Code, the
aggrieved parties should not be left remediless. During the People Power Revolution in 1986,
petitioner and his immediate family fled to the
Under the law as it stands, it is precisely an US, and on December 23, 1991, he was able to
election protest that fitly serves that purpose. It return to the Philippines and immediately went
back to his residence in Malbog, Tolosa, Leyte.
On February 1, 1992, petitioner registered
himself anew as a voter of Precinct #9 of said
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place. The Chairman of the BOI, who had known ELECTION LAWS Case Digest (Atty. Valencia)
him to be a resident of the place, allowed his Compiled by: Wigmore #wigmoreforever
registration.
residence, in the case of the petitioner, was
On February 21, 1992, respondent Donato established during the early 1980's to be at
Advincula filed a petition with the MTC of Tolosa Barangay Malbog, Tolosa, Leyte. Residence
praying that Romualdez be excluded from the thus acquired, however, may be lost by adopting
list of voters in Precinct #9 alleging that: another choice of domicile. In order, in turn, to
a. Romualdez was a resident of acquire a new domicile by choice, there must
Massachusetts, USA; concur (1) residence or bodily presence in the
new locality, (2) an intention to remain there, and
b. R ua dez’s p essi n & ccupati n was in the
(3) an intention to abandon the old domicile. In
USA; and
other words, there must basically be animus
c. Romualdez does not have the required 1- manendi coupled with animus non revertendi.
year residence in the Philippines and the The purpose to remain in or at the domicile of
6 months residence in the choice must be for an indefinite period of time;
city/municipality to qualify as registered the change of residence must be voluntary; and
voter. the residence at the place chosen for the new
domicile must be actual.
Romualdez contended that he has been a
resident of Tolosa since early 1980s and that he
has not abandoned his residence from his The political situation brought about by the
physical absence from 1986-1991. "People's Power Revolution" must have truly
caused great apprehension to the Romualdezes,
as well as a serious concern over the safety and
After hearing, the court decided in favor of
welfare of the members of their families. Their
Romualdez. Thus, Advincual appealed to the
going into self-exile until conditions favorable to
RTC which reversed the decision of the lower
them would have somehow stabilized is
court thereby ordering the COMELEC of Tolosa,
understandable. Certainly, their sudden
Leyte to delete and cancel the name of petitioner
departure from the country cannot be described
from the list of qualified voters.
as "voluntary," or as "abandonment of
residence" at least in the context that these
ISSUES:
terms are used in applying the concept of
W/N The MTC or RTC acquired jurisdiction
"domicile by choice."
over the petitions. YES
We have closely examined the records, and we
W/N Romualdez is qualified to be registered
find not that much to convince us that the
as a voter. YES
petitioner had, in fact, abandoned his residence
in the Philippines and established his domicile
HELD:
elsewhere.
Section 142 of the Omnibus Election Coe
provides that any registered voter in the city or
It must be emphasized that the right to vote is a
municipality may petition for the exclusion of
most precious political right, as well as a
voter from the list. However, in the case at bar,
bounden duty of every citizen, enabling and
Romualdez was estopped from assailing lack of
requiring him to participate in the process of
jurisdiction by reason of his active participation
government so as to ensure that the government
in the proceedings before a court without
can truly be said to derive its power solely from
jurisdiction. Romualdez has sought an
the consent of the governed.
affirmative relief when the appeal was made to
the RTC whose jurisdiction, he, in effect invoked.
I.3. Suffrage as a right and privilege:
In election cases, the Court treats domicile and
residence as synonymous terms, thus: "(t)he
term "residence" as used in the election law is
LACSON VS POSADAS
synonymous with "domicile", which imports not
72 SCRA 168
only an intention to reside in a fixed place but
FACTS:
also personal presence in that place, coupled
with conduct indicative of such intention." Municipal Judge Ramon Posadas of Talisay,
"Domicile" denotes a fixed permanent residence Negros Occidental is charged in a complaint
filed by Lacson for ignorance of the law, partiality
to which when absent for business or pleasure,
and violation of Lection Code 1971.
or for like reasons, one intends to return. That
RULING:
The SC held that the judgment appealed from I.5. Role of the Judiciary:
will accordingly be reversed and in the exercise
of their discretionary power, the case remanded
to the CFI of Negros Occidental with instruction G.R. No. L-46863, November 18, 1939 IRINEO
to hear and decide the petitions for exclusion of MOYA, petitioner, vs. AGRIPINO GA. DEL
the merits, giving the parties every opportunity to FIERO, respondent.
present their respective evidence so that it may
thereafter make such corrections in the electoral FACTS: This is a petition for review by certiorari
census of Talisay, Negros Occidental. of the judgment of the Court of Appeals
declaring the respondent, Agripino Ga. del
Section 113 of the Election Code provides that if Fierro, the candidate-elect for the office of mayor
the Judge of the CFI is in the province, the of the municipality of Paracale, Province of
proceedings for the inclusion from the list of Camarines Norte, with a majority of three votes
voters shall, upon petition of any interested party over his rival, Irineo Moya. In the general
filed before the presentation of evidence, be elections held on December 14, 1937, the
remanded to the said Judge who shall hear and parties were contending candidates for mayor.
decide the same in the first and last instance. After canvass of the returns the municipal
When, therefore, the attorneys for the council of Paracale, Del Fierro was proclaimed
challenged voters moved the justice of the as the elected mayor of said municipality with a
peace of Bacolod to remand all the exclusion majority of 102 votes. Moya field a motion of
cases to the Court of First Instance of Negros protest in the Court of First Instance of
Occidental, then presided over by two Judges, it Camarines Norte. The Court of Appeals
was mandatory on said justice of the peace to rendered the judgment in favor of del Fierro
grant the motion. In view of the nature of the which is sought by Moya to be reviewed and
proceedings which affect public interest, it was reversed upon the alleged errors committed:
error for the aforesaid justice of the peace not to
have remanded all the petitions for exclusion to 1. In admitting and counting in favor of the
the Court of First Instance of Negros Occidental. respondent, 8 ballots either inadvertently or
contrary to the controlling decisions of this
In the scheme of our present republican Honorable Court.
government, the people are allowed to have a 2. In admitting and counting in favor of the
voice therein through the instrumentality of respondent, 3 ballots marked "R. del Fierro."
suffrage to be availed of by those possessing 3. In admitting and counting in favor of the
certain prescribe qualifications (Article V, respondent, 7 ballots marked "Rufino del Firro."
Constitution of the Philippines; sections 93 and 4. In admitting and counting in favor of the
94, Election Code). The people in clothing a respondent, 72 ballots marked "P. del Fierro."
citizen with the elective franchise for the purpose
of securing a consistent and perpetual ISSUE: Whether or not the ballots were
administration of the government they ordain, erroneously admitted in favor of del Fierro.
charge him with the performance of a duty in the
nature of a public trust, and in that respect HELD: The SC dismissed the petition because
constitute him a representative of the whole in result even if the ballots contested are
people. This duty requires that the privilege thus counted in favor of Moya, del Fierro still wins by
bestowed should be exercised, not exclusively one vote.
for the benefit of the citizen or class of citizens
professing it, but in good faith and with an First assignment of error:
intelligent zeal for the general benefit of the (1) With reference to ballot Exhibit F-175 in
precinct No. 2, ballot clearly appears admissible
for the respondent because the name written on
the space for mayor is "Primo del Fierro" or
COMPILED BY: WIGMORE #WIGMOREFOREVER 13
"Pimo de Fierro", the error is technical and ELECTION LAWS Case Digest (Atty. Valencia)
deserves but scanty consideration. Compiled by: Wigmore #wigmoreforever
(2) Ballot Exhibit F-26 in precinct No. 3 was (8) Ballot F-44 in precinct No. 2 wherein
erroneously admitted for the respondent; the "Agripino F. Garcia" appears written on the
name written on the space for mayor being "G.T. proper space, is valid for the respondent. In his
Krandes." It is true that on the fourth line for the certificate of candidacy the respondent gave his
councilor "Alcalde Pinong del Fierro": appears; name as "Agripino Ga. del Fierro." The
but the intention of the elector is rendered vague conclusion of the trial court, upheld by the Court
and incapable of ascertaining and the ballot was of Appeals, that the letter "F" stands for "Fierro"
improperly counted for the respondent. As to this and "Garcia" for the contraction "Ga." is not
ballot, the contention of the petitioner is without justification and, by liberal construction,
sustained. the ballot in question was properly admitted for
(3) Ballot Exhibit F-77 in precinct No. 2 should the respondent.
also have been rejected by the Court of Appeals.
The ballot bears the distinguishing mark "O. K." The second error assigned by the petitioner
placed after the name "M. Lopis" written on refers to three ballots, namely, Exhibit F-119 in
space for vice-mayor. The contention of the precinct No. 1 Exhibit F-24 in precinct No. 2, and
petitioner in this respect is likewise sustained. Exhibit F-6 in precinct No. 4. These three ballots
appear to be among the 75 ballots found by the
(4) Ballot Exhibit F-9 in precinct No. 2 was Court of Appeals as acceptable for the
properly admitted for respondent. The elector respondent on the ground that the initial letter
wrote within the space for mayor the name of "P" stands for "Pino" in "Pino del Fierro" which is
Regino Guinto, a candidate for the provincial a name mentioned in the certificate of candidacy
board and wrote the respondent's name of the respondent.
immediately below the line for mayor but
immediately above the name "M. Lopez" voted Upon the third assignment of error, the petitioner
by him for vice-mayor. The intention of the questions the seven ballots wherein "Rufino del
elector to vote for the respondent for the office of Fierro" was voted for the office of mayor. There
the mayor is clear under the circumstances. was no other candidate for the office of mayor
with the name of "Rufino" or similar name and,
(5) Ballot F-131 in precinct No. 1 was also as the respondent was districtly identified by his
properly counted for the respondent. The elector surname on these ballots, the intention of the
wrote the respondent's name on the space for voters in preparing the same was undoubtedly to
vice-mayor, but, apparently realizing his mistake, vote for the respondent of the office for which he
he placed an arrow connecting the name of the was a candidate.
respondent to the word "Mayor" (Alcalde) printed The fourth assignment of error deals with the 72
on the left side of the ballot. ballots wherein "P. del Fierro" was voted for the
office of mayor. Indicated under the discussion
(6) Ballot F-7 in precinct No. 5 is admissible for of petitioner's second assignment of error,
the respondent. Although the name of the namely, that "P" stands for "Pino" in "Pino del
respondent is written on the first space for Fierro" which is a name mentioned in the
member of the provincial board, said name is certificate of candidacy of the respondent, we
followed in the next line by "Bice" Culastico hold that there was no error in the action of the
Palma, which latter name is followed in the next Court of Appeals in awarding the said ballots to
line by word "consehal" and the name of a the respondent.
candidate for this position. The intention of the
elector to vote for the respondent for the office of With the exception of ballot marked as Exhibit F-
mayor being manifest. 26 in precinct No. 3 and ballot marked as Exhibit
F-77 in precinct No. 2, SC accepted the rest of
(7) Ballot F-1 in precinct No. 2 is valid for the the disputed ballots for the respondent not only
respondent. The Christian name of the for the specific reasons already given but also
respondent was written on the second space for for the more fundamental reason that as long as
member of the provincial board, but his surname popular government is an end to be achieved
was written on the proper space for mayor with and safeguarded, suffrage must continue to be
no other accompanying name or names. the manes by which the great reservoir of power
must be emptied into the receptacular agencies
wrought by the people through their Constitution
in the interest of good government and the
common weal.
WHEREFORE, in view of all the foregoing, the Pena filed a petition for certiorari with the SC.
petition is hereby DISMISSED for lack of merit.
ISSUE:
WON the HRET committed GAOD in dismissing
PENA V. HRET ena’s petiti n ad cuatelam for lack of
G.R. No. 123037 substance (which Pena later cured)? NO.
March 21, 1997
HELD:
FACTS: ena’s petition lacking substance dismissal
Pena and Abueg were rivals for the proper
Congressional seat in Palawan during the May A perusal of the petition Ad Cuatelam,
8, 1995 elections. Apparently, Abueg was reveals that petitioner makes no specific
proclaimed winner. mention of the precincts where
widespread election, fraud and
On May 22, Pena filed a petition AD irregularities occurred. This is a fatal
CAUTELAM with the HRET, claiming that the omission, as it goes into the very
nd substance of the protest.
elections in the 2 district of Palawan were
tainted with massive
The prescription that the petition must be
fraud, widespread intimidation
sufficient in form and substance means that the
vote--‐ buying,
and terrorism and other serious irregularities petition must be more than merely rhetorical. If
committed before, during and after the voting, the allegations contained therein are
and during the counting of votes and the unsupported by even the faintest whisper of
preparation of election returns and certificates of authority in fact and law, then there is no other
canvass which affected the results of the course than to dismiss the petition, otherwise,
election. the assumption of an elected public official may,
and will always be held up by petitions of this
Because of these irregularities, Pena stated that sort by the losing candidate.
he lost the election by almost 7k votes. He then
assai ed ueg’s p c a ati n The defect in the instant case arises from the
failure to allege the contested precincts. Only a
Abueg filed an answer and a motion to dismiss a e a egati n “ assi e aud, widesp ead
on June 23, averring that the HRET has not intimidation and terrorism and other serious
acquired jurisdiction over the petition, the same i egu a ities,” wit ut speci icati n and
being insufficient in form and substance. In substantiation of where and how these
essence, the motion to dismiss anchors its occurrences took place, appears in the petition.
challenge on the fact that the petition failed to We cannot allow an election protest based on
allege the precincts where the massive fraud such flimsy averments to prosper, otherwise,
and disenfranchisement of voters occurred, nor the whole election process will deteriorate into an
did it point out how many votes would be gained endless stream of crabs pulling at each other,
by the protestant as a result of the same. racing to disembark from the water.
Admittedly, the rule is well-established that the Subsequently the PBC filed a petition with the
power to annul an election should be exercised COMELEC seeking a definitive ruling as to who
with the greatest care as it involves the free and should be proclaimed. Apparently, if the
fair expression of the popular will. It is only in corrections for the SOVs of Tayug and SM were
extreme cases of fraud and under circumstances to be included, Emiliano Micu would gain
which demonstrate to the fullest degree a plurality by 72 votes.
fundamental and wanton disregard of the law
that elections are annulled, and then only when The COMELEC resolved the PBC to proclaim
it becomes impossible to take any other step. the winning candidate on the basis of the
completed and corrected Certificates of
Canvass.
BINCE, JR. V. COMELEC
G.R. NOS. 111624--25 However on July 21, Bince was proclaimed
MARCH 9, 1995 winner.
ISSUE:
WON the COMELEC committed GAOD in nu i ELECTION LAWS Case Digest (Atty. Valencia)
ing ince’s p c a ati n NO Compiled by: Wigmore #wigmoreforever
Nullification was justified as the basis was a Was allowing the correction of mathematical
mathematical error committed by the MBCs in errors proper? YES
the computation of votes. The COMELEC It does not involve the opening of ballot
cannot be faulted for subsequently annulling the boxes; neither does it involve the
proclamation of petitioner Bince on account of a examination and/or appreciation of
mathematical error in addition, committed by the ballots. The correction sought by
MBCs. respondents is correction of manifest
mistakes in mathematical addition.
s to timeliness of Micu’s petitions for Certainly, this only calls for a mere
correction clerical act of reflecting the true and
correct votes received by the candidates.
The petitions to correct manifest errors
In this case, the manifest errors only
were filed on time, that is, before the petiti
sought proper and diligent addition of the
ne ’s p c a ati n n Ju 21, 1992. The
votes in Tayug and San Miguel.
petition of the MBC of San Miguel was
filed on June 4, 1992, while that of the
Consequently, by a margin of 72 votes, Micu
MBC of Tayug was filed on June 5, 1992
Sti , p i ate esp ndent’s petition was filed indisputa w n ince’s p c a ati n and assumption
with the MBC of Tayug and San Miguel into public office was therefore flawed from the
on June 10 and 11, 1992, respectively. It beginning, the same having been based in a
faulty tabulation.
is definitely well within the period required
by Section 6, Rule 27 of the COMELEC
Rules of Procedure. Sec. 6 clearly
provides that the petition for
correction may be filed at any time TRINIDAD VS COMELEC AND SUNGA (Sept
before proclamation of a winner. 23, 1999)
(2) WON respondent, as the candidate receiving To simplistically assume that the second placer
the second highest number of votes be would have received the other votes would be to
substitute our judgment for the mind of the voter.
The second placer is just that, a second
The trial court rendered a decision declaring to determine the true value of the contested
Roberto Miguel to have received the same ballots and in order not to disenfranchise bona
number of votes as the protestee Sergio fide voters, it counted certain ballots in favor of
Bautista for the position of Bgy. Captain of Bgy. petitioner which the alleged handwriting expert
Teachers Village East, Quezon City. From this found as written by only one person. It
decision of the city court, protestant Roberto contradicted said report as regards Exhibits "I",
Miguel filed an appeal to the Court of First "J", "V" and "V-1". The respondent court was
Instance of Rizal. * On July 29, 1982, judgment circumspect in relying on its own findings on
was rendered on the appeal which, as stated in whether or not these contested ballots were
the first portion of this decision, declared prepared by one person. The ballots are the best
protestant Roberto Miguel the duly elected evidence of the objections raised. Resort to
Barangay Captain of Bgy. Teachers Village handwriting experts is not mandatory.
East, Quezon City and setting aside as null and Handwriting experts, while probably useful, are
void the proclamation of protestee Sergio not indispensable in examining or comparing
Bautista. Petitioner Sergio Bautista filed the handwriting, this can be
instant petition for review by certiorari. done by the COMELEC (in this case, the court
taking cognizance of the appeal
ISSUES: in this election protest) itself.
1) Whether or not the supposed opinion of a Petitioner also argues that respondent court
person, who was brought by private respondent misinterpreted and misapplied Section 36(f) of
but who was never presented as a witness, is Comelec Resolution No. 1539. It allegedly failed
competent and admissible evidence to support to take into consideration the other provisions of
the appellate court's (CFI) conclusion that no said Section 36 of the Resolution. We do not
less than eighteen (18) votes cast in favor of agree. The law (Sec. 14 of B.P. 222) and the
your petitioner were written by one and the same rules implementing it (Sec. 36 of Comelec Res.
person. No. 1539) leave no room for interpretation. The
absence of the signature of the Chairman of the
2) Whether or not a ballot which does not Board of Election Tellers in the ballot given to a
contain the signature of the poll chairman be voter as required by law and the rules as proof
considered a valid ballot. of the authenticity of said ballot is fatal. This
requirement is mandatory for the validity of
3) Whether or not respondent Judge acted the said ballot. As regards exhibit "Z" and "Z-l",
correctly in its appreciation of the contested respondent court reversed the decision of the
ballots trial court which ruled that these were not
marked ballots and hence, were valid votes for
HELD: petitioner BAUTISTA. In reversing the trial court,
Anent the first question, petitioner Bautista respondent court ruled that the presence of an
questions the reliance by respondent court on arrow with the words "and party," was meant for
the opinion of one Desiderio A. Pagui, who was no other purpose than to Identify the voter. We
never presented and qualified as an expert agree. It cannot be said that these writings were
witness. The report of Pagui allegedly appeared accidental. As a general rule, a voter must write
only in the records of the case on file with the on the ballot only the names of candidates
CFI which was attached in the Memorandum for
Protestant Miguel. The contention of petitioner voted for the offices appearing thereon. Certain
that respondent court relied on the report of an exceptions, however, are provided in Section
alleged handwriting expert is misplaced. It 149 of the Revised Election Code. For example,
should be noted that while respondent court prefixes such as "Sr.," "Mr.", and the like and
considered the report of Atty. Pagui, it did not suffixes such as "hijo", "Jr.", etc. will not
rely solely on the said report. In the words of invalidate the ballot (par. 5). Initials (paragraph
respondent court, "(I)t has taken pains and 15), nicknames or appellation of affection and
meticulous effort to examine with its naked eye friendship will not invalidate the ballot, if
the questioned ballots and handwritings and accompanied by the name or surname of the
compare the same with each other . . ." In fact, candidate, and above all, if they were not used
in its effort as a means to identify the voter. Even under a
liberal view, the words written on the ballots
under consideration cannot be considered as
falling within the exception to the
COMPILED BY: WIGMORE #WIGMOREFOREVER 23
rule. Consequently, they are irrelevant ELECTION LAWS Case Digest (Atty. Valencia)
expressions that nullified the ballots. (Lloren v. Compiled by: Wigmore #wigmoreforever
CA, et al., No. L-25907, January 25, 1967, 19
SCRA 110). Hence, respondent court excluded I. ELECTIONS
Exhibits "Z" and "Z-l".
(i) Definition/How exercised:
Petitioner objects to respondent court's ruling
rejecting Exh. "5". The word "BLBIOY" was
written in the spare for Barangay Captain. GR. No. 142907 November 29, 2000
"BIBOY", petitioner's nickname was duly JOSE EMMANUEL L. CARLOS, petitioner,
registered in his certificate of candidacy. While vs.
the name written was "BLBIOY", there was no HON. ADORACION G. ANGELES, IN HER
doubt that the voter intended to vote for CAPACITY AS THE ACTING PRESIDING
"BIBOY", the nickname of which petitioner was JUDGE OF THE REGIONAL TRIAL COURT IN
popularly known and which nickname was duly CALOOCAN CITY (BRANCH 125) and
registered in his certificate of candidacy. Hence, ANTONIO M. SERAPIO, respondents.
the respondent court's decision as regards
Exhibit "5" is reversed and the vote is counted FACTS:
for petitioner. Exhibit "6" was invalidated by both Petitioner Carlos and respondent Serapio were
respondent court and the city court as stray vote candidates for the position of mayor of the
on the ground that petitioner's name, municipality of Valenzuela, Metro Manila during
written as "Bo. Barangay Bautista" was placed May 11, 1998 elections. The petitioner was
on the first line intended for councilmen. We declared as the duly elected mayor having
believe however that the voter's intention to vote obtained 102,688 votes. The respondent, having
for BAUTISTA as Barangay Captain was present the second highest number of votes, 77270 vote,
and said vote should be filed with the RTC Valenzuela an election protest
counted in favor of petitioner. Respondent court challenging the results. Serapio sought for
correctly invalidated Exhibit "7". This ballot recount of the ballot, and the revised count
cannot be considered as a vote for petitioner resulted in the invalidation of 9679 votes of
whose name was written seven (7) times in the Serapio and validationg 53 votes in his favour.
ballot. The writing of a name more than twice on The court invalidated 19975 votes of Carlos and
the ballot is considered to be intentional and validated 33 votes in his favour. The
serves no other purpose than to result:Serapio 76246 votes and Carlos 103551
identify the ballot. votes. Now Serapio alleged significant badges of
fraud and vote buying perpetrated by Carlos.
ACCORDINGLY, the decision of respondent
court is MODIFIED as regards Exhibits "5" and The trial court declared that there was enough
"6". Private respondent Roberto Miguel in pattern of fraud in the conduct of the election for
declared the duly elected Barangay Captain of mayor in Valenzuela. It held that the fraud was
Barangay Teachers Village East, Quezon City, attributable to the protestee who had control
with a plurality of twenty-two (22) votes. The over the election paraphernalia and the basic
temporary restraining order issued Court on services in the community such as the supply of
December 2, 1982 is hereby LIFTED. electricity. Thus, notwithstanding the plurality of
valid votes in favor of the protestee, the trial
3. Power of Congress to regulate suffrage court set aside the proclamation of protestee
Carlos and declared protestant Serapio as the
duly elected mayor of Valenzuela City.
A. Constitutional Provisions
B. Omnibus Election Code – BP 881 Wit t is, t e petiti ne fi ed a n tice appea t
C. Amendments under the 1987 Constitution the C issi n n E ecti ns He a s fi ed a
D. RA 7160 Local Government Code petition before the Supreme Court. The
respondent submitted that Comelec and not the
Supreme Court has jurisdiction over the petition
for certiorari.
FORMS OF POPULAR INTERVENTION
(SCOPE OF SUFFRAGE) ISSUE:
WON the respondent, having the second highest
number of votes, can be declared as the duly
elected mayor. NO
HELD:
An election is the embodiment of the popular
will, the expression of the sovereign power of the
people. The winner is the candidate who has
obtained a majority or plurality of valid votes cast
in the election. Even if the candidate receiving
t e a it tes is ine igi e disqua ified, t e
candidate receiving the next highest number of
votes or the second placer, can not be declared
elected. The wreath of victory cannot be
t ans e ed t e disqua ified winne t t e
repudiated loser because the law then as now
only authorizes a declaration of election in favor
of the person who has obtained a plurality of
votes and does not entitle a candidate receiving
the next highest number of votes to be declared
elected. In other words, a defeated candidate
cann t e dee ed e ected t te fice
is that no one political party can control its (ii) Modes of Initiating
majority. Thirdly, sec. 69 of the Code provides
that the only ground to recall a locally elected
public official is loss of confidence of the people. (iii) Procedure/Effectivity/Limitations
The members of the PRAC are in the PRAC not
in representation of their political parties but as
(iv) Cases
representatives of the people. By necessary
implication, loss of confidence cannot be
premised on mere differences in political party
PARAS VS COMELEC
affiliation. Indeed, our Constitution encourages
GR NO 123169 NOVEMBER 4, 1996
multi-party system for the existence of
opposition parties is indispensable to the growth
FACTS: Danilo E. Paras is the incumbent
and nurture of democratic system. Clearly then,
Punong Barangay of Pula, Cabanatuan City who
the law as crafted cannot be faulted for
won during the last regular barangay election in
discriminating against local officials belonging to
1994. A petition for his recall as Punong
the minority. Moreover, the law instituted
Barangay was filed by the registered voters of
safeguards to assure that the initiation of the
the barangay. Acting on the petition for recall,
recall process by a preparatory recall assembly
public respondent Commission on Elections
will not be corrupted by extraneous influences.
(COMELEC) resolved to approve the petition.
We held that notice to all the members of the
recall assembly is a condition sine qua non to
At least 29.30% of the registered voters signed
the validity of its proceedings. The law also
the petition, well above the 25% requirement
requires a qualified majority of all the
provided by law. The COMELEC, however,
preparatory recall assembly members to
deferred the recall election in view of petitioners
convene in session and in a public place.
opposition. The COMELEC set anew the recall
Needless to state, compliance with these
election. To prevent the holding of the recall
requirements is necessary, otherwise, there will
be no valid resolution of recall which can be COMPILED BY: WIGMORE #WIGMOREFOREVER 41
On 19 May 1999, an ad hoc committee was The COMELEC granted the petition. It ruled that
formed for the purpose of convening a the petition did not violate the one-year ban
epa at Reca sse (“ R ”) because the petition was filed on 2 July 1999,
ne da a te C audi ’s assu pti n ice
On 29 May 1999, majority of the members of the
PRA adopted a Resolution to Initiate the Recall ISSUES
of Mayor Jovito Claudio for Loss of Confidence. 1. WoN the word recall in Sec. 74(b), LGC
covers a process which includes the convening
On 2 July 1999, the petition for recall was of the Preparatory Recall Assembly and its
formally submitted to the Office of the Election approval of the recall resolution.
Officer. Copies of the petition were posted in 2. WoN the term "regular local election" in the
public places in Pasay City and the authenticity last clause of Sec. 74(b), LGC includes the
of the signatures therein was verified by the election period for that regular election or simply
election officer for Pasay City. the date of such election.
FACTS:
On April 22, 1996, upon petition of the residents
principal subject involved in the plebiscite of Karangalan Village that they be segregated
was the conversion of Mandaluyong into a from its mother Barangays Manggahan and Dela
highly urbanized city. The matter of separate Paz, City of Pasig, and to be converted and
district representation was only ancillary separated into a distinct barangay to be known
thereto. Thus, the inhabitants of San Juan as Barangay Karangalan.
were properly excluded from the said
plebiscite as they had nothing to do with the The City Council of Pasig passed and approved
change of status of neighboring Ordinance No. 21, Series of 1996, creating
Mandaluyong. Barangay Karangalan in Pasig City. Plebiscite
on the creation of said barangay was thereafter
set for June 22, 1996.
EN BANC
CITY OF PASIG vs. COMELEC & MUN. OF On September 9, 1996, the City of Pasig
CAINTA, PROV. OF RIZAL [G.R. No. 125646. similarly issued Ordinance No. 52, Series of
Sept 10, 1999] 1996, creating Barangay Napico in Pasig City.
Plebiscite for this purpose was set for March 15,
MUN.OF CAINTA, PROV. OF RIZAL vs. 1997.
COMELEC- CITY OF PASIG [G.R. No. 128663.
Sept 10, 1999] Immediately upon learning of such Ordinances,
the Municipality of Cainta moved to suspend or
YNARES-SANTIAGO, J.: cancel the respective plebiscites scheduled, and
G.R. No. 125646 involves the proposed filed Petitions with the Commission on Elections
Barangay Karangalan. on June 19, 1996 (UND No. 96-016) and March
While G.R. No. 128663 involves the 12, 1997 (UND No. 97-002), respectively.
proposed Barangay Napico.
The City of Pasig claims these areas as
part of its jurisdiction/territory while Municipality
of Cainta claims that these proposed barangays
encroached upon areas within its own
jurisdiction/territory.
ELECTION LAWS Case Digest (Atty. Valencia) cast therein. Hence, the filing of G.R. No.
Compiled by: Wigmore #wigmoreforever 128663 by the Municipality of Cainta.
In both Petitions, the Municipality of Cainta
called the attention of the COMELEC to a ISSUE: Whether or not the plebiscites
pending case before the Regional Trial Court of scheduled for the creation of Barangays
Antipolo, Rizal, Branch 74, for settlement of Karangalan and Napico should be
boundary dispute. suspended in view of the pending boundary
According to the Municipality of Cainta, the dispute between the two local governments.
proposed barangays involve areas included in
the boundary dispute subject of said pending HELD: YES. Plebiscite on the creation of
case; hence, the scheduled plebiscites should be Barangay Karangalan should be held in
suspended or cancelled until after the said case abeyance pending final resolution of the
shall have been finally decided by the court. boundary dispute between the City of Pasig and
the Municipality of Cainta by the RTC Antipolo
In UND No. 96-016, the COMELEC accepted the City. The plebiscite held on March 15, 1997 to
position of the Municipality of Cainta and ordered ratify the creation of Barangay Napico, Pasig
the plebiscite on the creation of Barangay City, should be annulled and set aside.
Karangalan to be held in abeyance until after the
court has settled with finality the boundary The Court agrees with the position of the
dispute involving the two municipalities. Hence, COMELEC that Civil Case No. 94-3006 involving
the filing of G.R. No. 125646 by the City of the boundary dispute between the Municipality
Pasig. of Cainta and the City of Pasig presents a
prejudicial question which must first be decided
The COMELEC, however, ruled differently before plebiscites for the creation of the
in UND No. 97-002, dismissing the Petition for proposed barangays may be held.
being moot in view of the holding of the
plebiscite as scheduled on March 15, 1997 In the case at bar, while the City of Pasig
where the creation of Barangay Napico was vigorously claims that the areas covered by the
ratified and approved by the majority of the votes COMPILED BY: WIGMORE #WIGMOREFOREVER 52
jurisdiction. Beyond these limits, its acts
are ultra vires. Needless to state, any
uncertainty in the boundaries of local
proposed Barangays Karangalan and Napico are
government units will sow costly conflicts
within its territory, it cannot deny that portions of in the exercise of governmental powers
the same area are included in the boundary which ultimately will prejudice the
dispute case pending before the Regional Trial people’s welfare.
Court of Antipolo. Surely, whether the areas in
controversy shall be decided as within the
Moreover, considering the expenses entailed in
territorial jurisdiction of the Municipality of Cainta
the holding of plebiscites, it is far more prudent
or the City of Pasig has material bearing to the
to hold in abeyance the conduct of the same,
creation of the proposed Barangays Karangalan
pending final determination of whether or not the
and Napico. Indeed, a requisite for the creation of
entire area of the proposed barangays are truly
a barangay is for its territorial jurisdiction to be
within the territorial jurisdiction of the City of
properly identified by metes and bounds or by
Pasig.
more or less permanent natural boundaries.
Precisely because territorial jurisdiction is an issue
Neither does the court agree that merely
raised in the pending civil case, until and unless
because a plebiscite had already been held in
such issue is resolved with finality, to define the
the case of the proposed Barangay Napico, the
territorial jurisdiction of the proposed barangays
petition of the Municipality of Cainta has already
would only be an exercise in futility. Not only that,
been rendered moot and academic. The issues
we would be paving the way for potentially ultra
raised by the Municipality of Cainta in its petition
vires acts of such barangays.
before the COMELEC against the holding of the
In Mariano, Jr. v. Commission on Elections, the plebiscite for the creation of Barangay Napico
court held that are still pending determination before the
The importance of drawing with precise Antipolo Regional Trial Court.
strokes the territorial boundaries of a
local unit of government cannot be
overemphasized. The boundaries must
be clear for they define the limits of the
territorial jurisdiction of a local
government unit. It can legitimately
exercise powers of government only
within the limits of its territorial
ELECTION LAWS Case Digest (Atty. Valencia) and the COMELEC, docketed as Civil Case No.
Compiled by: Wigmore #wigmoreforever 3442, before the RTC of Balayan, Batangas,
Branch XI, for annulment of Ordinance No. 05
The Petition of the City of Pasig in G.R. No. and Resolution No. 345, series of 1997, both
125646 is DISMISSED for lack of merit; while enacted by the Sangguniang Panglalawigan of
The Petition of the Municipality of Cainta in G.R. Batangas, and COMELEC Resolution No. 2987,
No. 128663 is GRANTED. The COMELEC series of 1998, with prayer for preliminary
Order in UND No. 97-002, dated March 21, injunction/temporary restraining order.
1997, is SET ASIDE and the plebiscite held on
March 15, 1997 to ratify the creation of Ordinance No. 5: declared the abolition of
Barangay Napico in the City of Pasig is declared barangay San Rafael and its merger with
null and void. Plebiscite on the same is ordered barangay Dacanlao and instructed the Comelec
held in abeyance until after the courts settle with to conduct the required plebiscite (Sec 9-10,
finality the boundary dispute between the City of LGC)
Pasig and the Municipality of Cainta, in Civil
Resolution No. 3455: affirmed the
Case No. 94-300.
effectivity of Ordinance No. 05, thereby
overriding the veto exercised by the governor of
Batangas. Ordinance No. 05 was vetoed by the
EN BANC
governor of Batangas for being ultra vires,
ELPIDIO M. SALVA, v. HON. ROBERTO L.
particularly, as it was not shown that the
MAKALINTAL [G.R. No. 132603. September
essential requirements under Section 9, in
18, 2000]
relation to Section 7, of Republic Act No. 7160,
referring to the attestations or certifications of
BUENA, J.: the Department of Finance (DOF), National
Statistics Office (NSO) and the Land
FACTS: Management Bureau of the Department of
On February 23, 1998, petitioners, as officials Environment and Natural Resources (DENR),
and residents of barangay San Rafael, Calaca, were obtained.
Batangas, filed a class suit against the
Sangguniang Panglalawigan of Batangas,
COMPILED BY: WIGMORE #WIGMOREFOREVER 53
Sangguniang Pambayan of Calaca, Batangas,
That Resolution 2987 is dependent on the
validity of Ordinance No. 5 and Resolution 3455
Pursuant to the said Resolution and Petitioners assert that when the Comelec
Ordinance, the Comelec promulgated Resolution exercises its quasi- udicia uncti n, it’s su ect t
2987, providing for the rules and regulations this Court; but where it performs its ministerial
governing the conduct of the plebiscite duty, it is subject to the RTC. The conduct of a
scheduled on February 28, 1998, to decide the plebiscite is ministerial in nature.
issue of the abolition of barangay San Rafael
and its merger with barangay Dacanlao, Calaca, Petitioner assert that the holding of a plebiscite
Batangas. could not validate an otherwise invalid ordinance
and resolution.
In an Order dated February 25, 1998, the trial
court denied the ex parte motion for the Solicitor General: What is reviewable by this
issuance of a temporary restraining order and/or Court are those exercised in its
preliminary injunction for lack of jurisdiction.
adjudicatory/quasi-judicial function, and not
According to the trial court, the temporary
those ministerial in nature. issuance of
restraining order/injunction sought by petitioners
COMELEC Resolution No. 2987 is a ministerial
is directed only to COMELEC Resolution No.
duty of the COMELEC in the exercise of its
2987. The trial court ruled that any petition or
administrative functions.
action questioning an act, resolution or decision
of the COMELEC must be brought before the
Public respondent COMELEC: submits that the
Supreme Court.
power to review or reverse COMELEC
Resolution No. 2987 solely belongs to the SC.
Hence, this petition.
The COMELEC further argues that if a RTC
does not have jurisdiction to issue writs against
Petitioners contend:
ISSUE: Whether the respondent court has The Court agrees with the Solicitor General that
xxx. [t]he issuance of [COMELEC] Resolution No. 2987
jurisdiction to enjoin the COMELEC from is thus a ministerial duty of the COMELEC that is enjoined
implementing its Resolution No. 2987, Series by law and is part and parcel of its administrative
functions. It involves no exercise of discretionary authority
of 1998. on the part of respondent COMELEC; let alone an
exercise of its adjudicatory or quasi‐ judicial power to hear
and resolve controversies defining the rights and duties of
HELD: YES. party‐ litigants, relative to the conduct of elections of public
officers and the enforcement of the election laws.
Section 7, Article IX‐ A of the 1987 Constitution provides in part that:
COMELEC Resolution No. 2987 which provides
SEC. 7. xxx. Unless otherwise provided by this for the rules and regulations governing the conduct
of the required plebiscite was not issued pursuant
Constitution or by law, any decision, order, or to the COMELECs quasi‐ judicial functions but
ruling of each Commission may be brought to merely as an incident of its inherent administrative
the Supreme Court on certiorari by the functions over the conduct of plebiscites, thus, the
said resolution may not be deemed as a final order
aggrieved party within thirty days from receipt of reviewable by certiorari by this Court. Any question
a copy thereof. pertaining to the validity of said resolution may be
well taken in an ordinary civil action before the trial
courts.
COMPILED BY: WIGMORE #WIGMOREFOREVER 54
respondents, filed with the COMELEC a petition
seeking the annulment of the announced results
of the plebiscite with a prayer for revision and
recount of the ballots. The COMELEC treated
The assailed Order dated Feb 25, 1998, of the the petition as an election protest, docketed as
RTC of Balayan, Batangas, Branch XI is SET EPC No. 98-102. It was raffled to the Second
ASIDE and ANNULLED. The RTC of Balayan, Division. Petitioner intervened in the case. He
Batangas, Branch XI is ordered to proceed with then filed a motion to dismiss the petition on the
dispatch in resolving Civil Case No. 3442. The ground that the COMELEC has no jurisdiction
execution of the result of the plebiscite held on over an action involving the conduct of a
February 28, 1998 shall be deferred depending plebiscite. He alleged that a plebiscite cannot be
on the outcome of Civil Case No. 3442. the subject of an election protest. The
COMELEC Second Division issued a Resolution
granting petitioner motion and dismissing the
petition to annul the results of the Taguig
BUAC vs COMELEC plebiscite for lack of jurisdiction. The COMELEC
en banc affirmed this Resolution.
FACTS: On April 25, 1998, the COMELEC
conducted a plebiscite in Taguig, Metro Manila Accordingly, on April 19, 2004, the COMELEC
on the conversion of this municipality into a Second Division issued an Order in EPC No. 98-
highly urbanized city as mandated by Republic 102 constituting the committees for the
Act No. 8487. The residents of Taguig were revision/recount of the plebiscite ballots. On April
asked this question: Do you approve the
conversion of the Municipality of Taguig, Metro
Manila into a highly urbanized city to be known
as the City of Taguig, as provided for in Republic
Act No. 8487? On April 26, 1998, the Plebiscite
Board of Canvassers (PBOC), without
completing the canvass of sixty-four (64) other
election returns, declared that the NO votes
won, indicating that the people rejected the
conversion of Taguig into a city. However, upon
order of the COMELEC en banc, the PBOC
reconvened and completed the canvass of the
plebiscite returns, eventually proclaiming that the
negative votes still prevailed.
Hon. Estenzo decided in favor of Pepito, issued Both under the Constitution and the Revised
the order for the arrest of Zaldivar, and granted Election Code, it is not so much the power, but
the issuance of the writ of preliminary injunction. the duty of the Commission on Elections to
Hence, Zaldivar sought for the setting aside of exercise supervision over municipal officials
the orders as they were issued by the trial court precisely to enforce the Election Code. No other
without jurisdiction. agency is better suited to preclude abuse of
ISSUE: Whether or not the judiciary can be a co- authority on the part of local officials, the
participant in this particular instance of enforcing sanction being that it could recommend to the
the Election Code as its authority was invoked. President their removal if found guilty of "non-
feasance, malfeasance or misfeasance in
HELD: Under the Constitution, the Commission connection with the performance of their duties
on Elections has "exclusive charge of the relative to the conduct of elections."
enforcement and administration of all laws
relative to the conduct of elections and shall COMPILED BY: WIGMORE #WIGMOREFOREVER 58
Province of Camiguin and was seeking re-
election in the May 11, 1992 synchronized
elections. Petitioners Arevalo, Echavez, Aranas,
Moreover, this Court, from the creation of the and Sia are the provincial treasurer, provincial
Commission on Elections, has accorded full auditor, provincial engineer, and provincial
amplitude to the wide discretion vested in the budget officer of Camiguin.
Commission on Elections in the performance of
its constitutional functions. Their co-petitioners Rambuyon, Primo and Noel
Navarro are all government project laborers. On
The RTC cannot assume jurisdiction over a case the other hand, the private respondent was the
involving the enforcement of the election code, incumbent Congressman of the lone
which pertained to the taking cognizance of a Congressional district of Camiguin, a candidate
Special Civil Action filed before it to restrain the for the same office in the said synchronized
mayor from pursuing certain infrastructure elections and the Regional Chairman of the
projects during the election period, which was Laban ng Demokratikong Pilipino (LDP) in
alleged to constitute a violation of Section 261 of Region X.
the Omnibus Election Code.
On April 10, 1992, private respondent filed his
Petition (Special Civil Action No. 465) before the
GALLARDO VS. TABAMO court a quo against petitioners to prohibit and
restrain them from pursuing or prosecuting
FACTS: This is a petition for certiorari and certain public works projects as it violates the
prohibition under Rule 65 of the Revised Rules 45-day ban on public works imposed by the
of Court. Petitioners seek to prohibit, restrain Omnibus Election Code (Batas Pambansa Blg.
and enjoin respondent Judge Tabamo from 881) because although they were initiated few
continuing with the proceedings in a petition for days before March 27, 1992, the date the ban
injunction, prohibition and mandamus with a took effect, they were not covered by detailed
prayer for a writ of preliminary injunction and engineering plans, specifications or a program of
restraining order filed as a taxpayer's suit.
Pending resolution, a Certificate of Nomination Sen. Angara thus filed the present petition for
of Sen. Panfilo Lacson as LDP candidate for Certiorari assailing the COMELEC Resolution
President was filed with the COMELEC. The for having been issued with grave abuse of
Certificate of Nomination was signed by Rep. discretion.
Aquino as LDP Secretary General.
Thereafter, Rep. Aquino filed his Comment.
On January 6, 2004, the COMELEC came to a
decision. The Office of the Solicitor General submitted a
Manifestation and Motion praying for the
The COMELEC recognized that it "has the granting of the Petition. The COMELEC thus
authority to act on matters pertaining to ‘the filed a separate Comment to the Petition.
ascertainment of the identity of [a] political
party and its legitimate officers… ’
Tan however claims that the certiorari petition First, private respondent withdrew the quo
should be dismissed as it is premature, as he warranto case before filing the petition for
had a pending MFR with the en banc. annulment of proclamation. Second, while the filing
of a petition for quo warranto precludes the
ISSUES: subsequent filing of a pre-proclamation
1. W/N nge ia’s i ing ce ti a i is p pe controversy, this principle admits of several
YES exceptions, such as when such petition is not the
2. W/N nge ia’s petiti n ce ti a i s ud proper remedy. Under Sec. 253 of the Omnibus
be dismissed. YES COMPILED BY: WIGMORE #WIGMOREFOREVER 76
BANAGA V COMELEC
Election Code, the grounds for a petition for quo
{Tomas T. Banaga vs COMELEC & Florencio
warranto are ineligibility or disloyalty to the
M. Bernabe Jr.}
Republic of the Philippines of the respondent.
G.R. No. 134696, July 31, 2000
Since in the present case, private respondent
alleged the existence of manifest errors in the
FACTS: Banaga and Bernabe were vice-mayor
preparation of election returns, clearly, the
candidates in the city of Paranaque during the
proper remedy is not a petition for quo warranto
1998 elections, where the CBOC proclaimed
but a petition for annulment of proclamation.
Bernabe as the winner.
On the argument involving clerical errors, the
Banaga then filed an action with the COMELEC
proper procedure is to reconvene the BOC, and
den inated as a “petiti n t dec a e ai u e
not to annul the proclamation without notice and
e ecti ns and/ annu ent e ecti ns,”
hearing.
alleging that the elected was tainted with
widespread fraud, vote-buying and flying voters.
In Castromayor v. COMELEC, we held that, as
Banaga also claimed that there were
the case involved a manifest error, although the
‘disc epancies and issi ns’ du ing t e
COMELEC erred in annulling the proclamation
canvassing stage. Banaga also prayed for the
of petitioner without notice and hearing, the
holding of a special election for the Vice-Mayor
expedient course of action was for the Municipal
position.
Board of Canvassers to reconvene and, after
notice and hearing in accordance with Rule 27,
COMELEC en anc dis issed anaga’s acti n,
Sec. 7 of the COMELEC Rules of Procedure, to
holding that the grounds cited do not fall under
effect the necessary corrections on the
certificate of canvass and proclaim the winning the circumstances enumerated in Section 6 of
the Omnibus Election Code that would warrant
candidate or candidates on the basis thereof.
the declaration of failure of elections.
T e Cut t ee e di ied t e en anc’s
u ing and de eted t e annu ent nge ia’s
proclamation, while ordering the BOC to
reconvene.
ELECTION LAWS Case Digest (Atty. Valencia) Rules of Procedure as amended. An election
Compiled by: Wigmore #wigmoreforever protest is governed by Rule 20 on ordinary
actions, while a petition to declare failure of
elections is covered by Rule 26 under special
Banaga then filed a timely petition for certiorari actions.
with the SC. Banaga claimed that the COMELEC
committed grave abuse of discretion when it In this case, petitioner filed his petition as a
dismissed his petition motu proprio and without special action and paid the corresponding fee
giving him the benefit of a hearing. Banaga also therefor. Thus, the petition was docketed as
claimed that his previously filed action should be SPA-98-383 T is c n s t petiti ne ’s categorization
considered as an election protest. of his petition as one to declare a failure of
elections or annul election results. In contrast,
ISSUE: W/N the COMELEC committed grave an election protest is assigned a docket number
abuse of disc eti n w en it dis issed anaga’s starting with "EPC", meaning election protest
complaint. NO case.
HELD: anaga’s acti n c u d n t e c nside ed an Third, petitioner did not comply with the
election protest. First, his petition before the requirements for filing an election protest. He
COMELEC was instituted pursuant to Section 4 failed to pay the required filing fee and cash
of Republic Act No. 7166 in relation to Section 6 deposits for an election protest. Failure to pay
of the Omnibus Election Code. Section 4 of RA filing fees will not vest the election tribunal
7166 refers to "postponement, failure of election jurisdiction over the case. Such procedural lapse
and special elections" while Section 6 of the on the part of a petitioner would clearly warrant
Omnibus Election Code relates to "failure of the outright dismissal of his action.
election". It is simply captioned as "Petition to
Declare Failure of Elections and/or For Fourth, an en banc decision of COMELEC in an
Annulment of Elections". ordinary action becomes final and executory
after thirty (30) days from its promulgation, while
Second, an election protest is an ordinary action an en banc decision in a special action becomes
while a petition to declare a failure of elections is final and executory after five (5) days from
a special action under the 1993 COMELEC
COMPILED BY: WIGMORE #WIGMOREFOREVER 77
could only be any of the following: force
majeure, violence, terrorism, fraud or other
analogous circumstances.
promulgation, unless restrained by the Supreme
Court. For that reason, a petition cannot be
Banaga did not allege at all that elections were
treated as both an election protest and a petition
either not held or suspended. Neither did he
to declare failure of elections.
aver that although there was voting, nobody was
elected. On the contrary, he conceded that an
Fifth, the allegations in the petition decisively
election took place for the office of vice-mayor of
determine its nature. Petitioner alleged that the
Parañaque City, and that private respondent
local elections for the office of vice-mayor in
was, in fact, proclaimed elected to that post.
Parañaque City held on May 11, 1998,
While petitioner contends that the election was
denigrates the true will of the people as it was
tainted with widespread anomalies, it must be
marred with widespread anomalies on account
noted that to warrant a declaration of failure of
of vote buying, flying voters and glaring
election the commission of fraud must be such
discrepancies in the election returns. He averred
that it prevented or suspended the holding of an
that those incidents warrant the declaration of a
election, or marred fatally the preparation and
failure of elections.
transmission, custody and canvass of the
election returns. These essential facts ought to
Given these circumstances, public respondent have been alleged clearly by Banaga, but he did
cannot be said to have gravely erred in treating not.
petiti ne ’s acti n as a petiti n t dec a e ai u e of
elections or to annul election results.
Finally, Banaga claims that COMELEC gravely
abused its discretion when it dismissed his
There was no failure of election as well. Before
petition motu propio. However, the fact that a
the COMELEC can act on a verified petition
verified petition has been filed does not mean
seeking to declare a failure of election, two
that a hearing on the case should first be held
conditions must concur: 1. No voting took place
before COMELEC can act on it. The petition to
in the precinct or precincts on the date fixed by
law, or even if there was voting, the election
resulted in a failure to elect; and 2. The votes not
cats would have affected the result of the
election. The cause of such failure of election
ELECTION LAWS Case Digest (Atty. Valencia) admitted that it had made a mistake in crediting
Compiled by: Wigmore #wigmoreforever private respondent with only 858 votes when he
was entitled to 915 votes in the Statement of
declare a failure of election and/or to annul Votes. On June 23, 1992, trial court rendered its
election results must show on its face that the decision annulling the proclamation of petitioner
conditions necessary to declare a failure to elect and declaring private respondent as the eight
are present. In their absence, the petition must winning candidate for the position of councilor.
be denied outright. COMELEC had no recourse
but to dismiss petition. Petitioner filed a notice of appeal to the
REYES V RTC OF ORIENTAL MINDORO COMELEC and in addition filed a petition for
244 SCRA 41 mandamus and prohibition in the CA. The CA
dismissed the petition because of the petitioner's
FACTS: Petitioner Aquiles Reyes and private pending appeal in the COMELEC. On the other
respondent Adolfo Comia were candidates for hand, the COMELEC's First Division dismissed
the position of Sanggunian Bayan of Naujan, the petitioner's appeal on the ground that he had
Oriental Mindoro in the May 11, 1992 elections. failed to pay the appeal fee within the prescribed
On May 13, 1992, during the proceedings of the period.
Municipal Board of Canvassers, private
respondent moved for the exclusion of certain Hence this instant petition, petitioner contends
election returns, on the ground of serious that the COMELEC's First Division committed
irregularity in the counting in favor of petitioner grave abuse of discretion.
qui es Rees tes “Re es” n , c nside ing that the
was another candidate (Epitacio Reyes) bearing ISSUE: Whether this petition for certiorari would
the same surname. Without resolving his prosper?
petition, the Municipal Board of Canvassers
proclaimed on the same day petitioner as the HELD: NO. The filing of the present petition,
eight winning candidate. without petitioner first filing a motion for
reconsideration before the COMELEC en banc,
On June 1, 1992, private respondent filed an violates Art. IX, A, Sec 7 of the Constitution
election protest before the trial court. Municipal because under this provision only decisions of
Board of Canvassers file its answer in which it
COMPILED BY: WIGMORE #WIGMOREFOREVER 78
“M s Lucita Ga ces E R Guta ac, Za anga de N
te” w ic Garces interpreted to mean as
superseding the deferment order. Meanwhile,
the COMELEC en banc may be brought to the since Concepcion continued occupying the
Supreme Court on certiorari. Gutalac office, the COMELEC en banc cancelled
his appointment to Liloy.
LUCITA Q. GARCES vs. THE HONORABLE
Garces filed before the RTC a petition for
COURT OF APPEALS, SALVADOR
mandamus with preliminary prohibitory and
EMPEYNADO and CLAUDIO CONCEPCION
mandatory injunction and damages against
Empeynado and Concepcion. Meantime, the
FACTS: Lucita Garces was appointed Election COMELEC en banc resolved to recognize
Registrar of Gutalac, Zamboanga del Norte on respondent Concepcion as the Election
July 27, 1986. She was to replace respondent Registrar of Gutalac and ordered that the
Election Registrar Claudio Concepcion, who, in appointments of Garces be cancelled.
turn, was transferred to Liloy, Zamboanga del
Norte. Empeynado moved to dismiss the petition for
mandamus alleging that the same was rendered
Both appointments were to take effect upon moot and academic by the said COMELEC
assumption of office. Concepcion, however, Resolution, and that the case is cognizable only
refused to transfer post as he did not request for by the COMELEC under Sec. 7 Art. IX-A of the
it. Garces was directed by the Office of Assistant 1987 Constitution. Empeynado argues that the
Director for Operations to assume the Gutalac matter should be raised only on certiorari before
post. But she was not able to do so because of a the Supreme Court and not before the RTC, else
Memorandum issued by respondent Provincial the latter court becomes a reviewer of an en
Election Supervisor Salvador Empeynado that banc COMELEC resolution contrary to Sec. 7,
prohibited her from assuming office as the same Art. IX-A.
is not vacant.
HELD:
he ME E ’s rder was interlocutory
Technical examination: comparing the
and therefore not subject to review for
signatures and thumb marks on the certiorari.
EDCVL vs. the VRRs/Books of Voters, Sadikul and Ruby cannot resort to the
etc. extraordinary remedy of certiorari to assail an
st interlocutory order issued by the COMELEC
• The 1 Div. granted the motion and ordered
the conduct of the technical examination. First Division.
Note: this Order is interlocutory.
st A party aggrieved by an interlocutory order
• Sadikul and Ruby filed with the 1 Div. a issued by a Division of the COMELEC in an
Strong Manifestation of Grave Concern and election protest may not directly assail the order
MFR, stating that such order by the in this Court through a special civil action for
COMELEC was issued without due process; certiorari. The remedy is to seek the review of
st
that the 1 Div. cannot just order a technical the interlocutory order during the appeal of
examination in the absence of published the decision of the Division in due course.
Rules.
Under the Constitution, the power of this Court
• The COMELEC averred that it can order a to review election cases falling within the original
technical examination as per Section 1, Rule 18 exclusive jurisdiction of the COMELEC only
of COMELEC Res. 8804. extends to final decisions or resolutions of the
• Sadikul and Ruby filed the present petition for COMELEC en banc, certainly not to interlocutory
certiorari before the SC, alleging that the orders issued by a Division thereof.
st
COMELEC 1 Div. committed GAOD in
Here, the Orders dated March 5, 2012 and May
promulgating the said order.
3, 2012 issued by the First Division of the
COMELEC were merely interlocutory orders
ISSUE:
1. WON the petition for certiorari is proper. NO
2. WON the COMELEC can order the technical
examination of ballot boxes. YES
ELECTION LAWS Case Digest (Atty. Valencia) b. A Division is not authorized to act
Compiled by: Wigmore #wigmoreforever
c. The members of the Division
since they only disposed of an incident in the unanimously vote to refer to the COMELEC en
main case i.e. the propriety of the technical banc
examination of the said election paraphernalia.
Procedure: In election disputes, COMELEC not duty ‐ bound to notify and direct a party
Thus, the proper recourse for the petitioners is to
await the decision of the COMELEC First to file an opposition to a motion filed by the
Division in the election protests filed by Matba other party; ahalis’ right to due process not
and Usman, and should they be aggrieved violated.
thereby, to appeal the same to the COMELEC The COMELEC, in election disputes, is not duty-
en banc by filing a motion for reconsideration. bound to notify and direct a party therein to file
an opposition to a motion filed by the other party.
Exceptions when SC can review interlocutory It is incumbent upon the party concerned, if
orders: he/she deems it necessary, to file an opposition
Exceptionally, this Court may take cognizance of to a motion within five days from receipt of a
a certiorari action directed against an copy of the same without awaiting for the
interlocutory order issued by a Division of the COMELEC’s di ecti e t d s
COMELEC when the following circumstances
are present: It should be stressed that one of the factors
that should be considered in election
1. First, the order was issued without protests is expediency. Proceedings in
election protests are special and expeditious and
jurisdiction or in excess of jurisdiction or with
the early resolution of such cases should not be
grave abuse of discretion tantamount to lack or hampered by any unnecessary observance of
excess of jurisdiction procedural rules. "The proceedings should not
2. Second, under the COMELEC Rules of be encumbered by delays.
Procedure, the subject of the controversy is a
matter which:
COMPILED BY: WIGMORE #WIGMOREFOREVER 85
a. The COMELEC en banc may not sit
and consider
Otherwise stated, the express grant of power to
the COMELEC to resolve election protests
carries with it the grant of all other powers
Here, the Sahalis did not file an opposition to the necessary, proper, or incidental to the effective
said motion for technical examination that was and efficient exercise of the power expressly
filed by Matba and Usman on February 24, granted. Verily, the exclusive original jurisdiction
2012. It was only after the COMELEC First conferred by the constitution to the COMELEC
Division issued its March 5, 2012 Order that the to settle said election protests includes the
petitioners decided to register their opposition to authority to order a technical examination of
the intended technical examination, albeit in the relevant election paraphernalia, election
form of a motion for reconsideration of the said returns and ballots in order to determine
Order. whether fraud and irregularities attended the
canvass of the votes.
Procedure: the COMELEC has power to order
technical examinations even in the absence
Of published rules to the effect; exercise of
quasi ‐ judicial powers AMBIL JR V. COMELEC
While Section 1, Rule 18 of COMELEC
Resolution No. 8804 does not explicitly provide FACTS: Petitioner Ambil and respondent
for the rule on the technical examination of Ramirez were candidates for the position of
election paraphernalia, it does not mean, Governor, Eastern Samar, during the May 11,
however, that the COMELEC First Division does 1998 elections. On May 16, 1998, the Provincial
not have the power to order the conduct of such Board of Canvassers proclaimed Ambil as the
technical examination. duly elected Governor.
The power of the COMELEC First Division to Respondent Ramirez who obtained the second
order the technical examination election highest number of votes, filed an election protest
paraphernalia in election protest cases stems (EPC Case No. 98-29) challenging the results in
from its "exclusive original jurisdiction over all
contest relating to the elections, returns and
qualifications of all elective regional, provincial
and city officials".
ELECTION LAWS Case Digest (Atty. Valencia) filed a motion to cancel promulgation challenging
Compiled by: Wigmore #wigmoreforever the validity of the purported Guiani resolution.
The Comelec, First Division, acting on the
a total of 201 precincts. The case was assigned motion, on the same date, postponed the
to the First Division, Comelec. promulgation until this matter is resolved.
Commissioner Guiani prepared a proposed The two members of the First Division, sent a
resolution in the case. To which the ponencia, joint memorandum to Commissioner Desamito
Commissioner Desamito dissented. the presiding Commissioner, recommending that
Commissioner Tancangco at first did not indicate they proceed with the promulgation of the Guiani
her vote. subject resolution and let the aggrieved party
challenge it through a Motion for
On February 15, 2000, Commissioner Guiani Reconsideration before the Commission en banc
retired from the service and Commissioner or through a certiorari case before the Supreme
Javier was appointed. Court.
On February 24, 2000, petitioner Ambil and On June 15, 2000, the Comelec, First Division,
respondent Ramirez received a resolution issued an order setting the promulgation of the
promulgated on February 14, 2000 (Guiani resolution in the case on June 20, 2000.
resolution), signed by Commissioner Guiani and But on June 19, 2000, petitioner interposed the
Tancangco, with Commissioner Desamito instant petition, seeking to:
dissenting. It declared respondent Ramirez as - annul the order dated June 15, 2000
winner. On February 28, 2000, the Comelec, setting the promulgation of the resolution of the
First Division, declared that the Feb. 14 case (EPC Case No. 98-29) on June 20, 2000,
resolution is a useless scrap of paper which and
should be ignored by the parties. -prohibiting the Comelec, First Division,
from promulgating the purported Guiani
Comelec, First Division, issued an order setting resolution and
the promulgation of the resolution in the case -directing the Comelec, First Division, to
(EPC Case No. 98-29) on April 6, 2000. deliberate anew on the case and to promulgate
However, on the same date, petitioner Ambil
COMPILED BY: WIGMORE #WIGMOREFOREVER 86
without such motion for reconsideration having
been filed and resolved by the Division.
the resolution reached in the case after such
The instant case does not fall under any of the
deliberation.
recognized exceptions to the rule in certiorari
cases dispensing with a motion for
ISSUE: Whether Comelec, First Division, in reconsideration prior to the filing of a petition. In
scheduling the promulgation of the resolution in truth, the exceptions do not apply to election
the case (EPC Case No. 98-29) acted without cases where a motion for reconsideration is
jurisdiction or with grave abuse of discretion mandatory by Constitutional fiat to elevate the
amounting to lack of jurisdiction NO case to the Comelec en banc, whose final
decision is what is reviewable via certiorari
HELD: The case at bar is an election protest before the Supreme Court.
involving the position of Governor, Eastern
Samar. It is within the original jurisdiction of the We must emphasize that what is questioned
Commission on Elections in division. Admittedly, here is the order dated June 15, 2000, which is
petitioner did not ask for a reconsideration of the a mere notice of the promulgation of the
divisions resolution or final decision. In fact, resolution in EPC Case No. 98-29.
there was really no resolution or decision to
speak of because there was yet no
Consequently, the filing of the instant petition
promulgation, which was still scheduled on June
before this Court was premature. Petitioner
20, 2000. Petitioner went directly to the Supreme failed to exhaust adequate administrative
Court from an order of promulgation of the remedies available before the COMELEC.
Resolution of this case by the First Division of
the Comelec.
This Court has held consistently that before a
party is allowed to seek the intervention of the
Under the existing Constitutional scheme, a court, it is a pre-condition that he should have
party to an election case within the jurisdiction of availed of all the means of administrative
the Comelec in division cannot dispense with
the filing of a motion for reconsideration of a
decision, resolution or final order of the Division
of the Commission on Elections because the
case would not reach the Comelec en banc
ELECTION LAWS Case Digest (Atty. Valencia) resolutions, Bautista filed an electoral protest on
Compiled by: Wigmore #wigmoreforever May 24, 2010 which was raffled to the
COMELEC First Division.
processes afforded him. Hence, if a remedy
within the administrative machinery can still be Petitioner averred as his special affirmative
resorted to by giving the administrative officer defenses that Bautista did not make the requisite
concerned every opportunity to decide on a cash deposit on time; and that Bautista did not
matter that comes within his jurisdiction, then render a detailed specification of the acts or
such remedy should be exhausted first before omissions complained of.
the courts judicial power can be sought. The
premature invocation of courts intervention is COMELEC First Division denied the special
fatal to ones cause of action. affirmative defenses of the petitioner as there
was a substantial compliance with the
Hence, the petition at bar must be dismissed for requirement of COMELEC.
prematurity. Failure to exhaust administrative
remedies is fatal to a party's cause of action and ISSUES:
a dismissal based on that ground is tantamount 1. Whether a party aggrieved by an interlocutory
to a dismissal based on lack of cause of action. order, issued by a Division of the Comelec in an
election protest, may directly assail the order in
this Court through a special civil action for
DOUGLAS CAGAS V. COMELEC and certiorari. NO
BAUTISTA 2. Whether the case should be referred to the
Comelec en banc. NO
FACTS: The petitioner Cagas and respondent
Bautista contested the position of Governor of HELD:
the Province of Davao del Sur in the May 10, 1. The remedy is to seek the review of the
2010 automated national and local elections. interlocutory order during the appeal of the
Petitioner was proclaimed the winner. decision of the Division in due course. The court
may have the power to review any decision,
Alleging fraud, anomalies, irregularities, vote- order or ruling of the COMELEC, limits such
buying and violations of election laws, rules and
COMPILED BY: WIGMORE #WIGMOREFOREVER 87
banc. Clearly, the Commission en banc, under
the circumstances shown above, cannot be the
proper forum which the matter concerning the
power to a final decision or resolution of the assailed interlocutory orders can be referred to.
COMELEC en banc, and does not extend to an
interlocutory order issued by a Division of the
In a situation such as this where the Commission
COMELEC.
in division committed grave abuse of discretion or
acted without or in excess of jurisdiction in issuing
Otherwise stated, the Court has no power to
interlocutory orders relative to an action pending
review on certiorari an interlocutory order or
before it and the controversy did not fall under any
even a final resolution issued by a Division of the
of the instances mentioned in Section 2, Rule 3 of
COMELEC. Where the Commission in division
the COMELEC Rules of Procedure, the remedy of
committed grave abuse of discretion or acted
the aggrieved party is not to refer the controversy
without or in excess of jurisdiction in issuing
to the Commission en banc as this is not
interlocutory orders relative to an action pending
permissible under its present rules but to elevate it
before it and the controversy did not fall under
to this Court via a petition for certiorari under Rule
any of the instances mentioned in Section 2,
65 of the Rules of Court.
Rule 3 of the COMELEC Rules of Procedure,
the remedy of the aggrieved party is not to refer
the controversy to the Commission en banc as
CAYETANO V. COMELEC and TINGA
this is not permissible under its present rules but
to elevate it to this Court via a petition for
certiorari under Rule 65 of the Rules of Court. FACTS: In the automated national and local
elections held on May 10, 2010, petitioner and
private respondent were candidates for the
2. It does not appear that the subject
position of Mayor of Taguig City. Petitioner was
controversy is one of the cases specifically
proclaimed the winner thereof.
provided under the COMELEC Rules of
Procedure in which the Commission may sit en
banc. Neither is it shown that the present
controversy a case where a division is not
authorized to act nor a situation wherein the
members of the First Division unanimously voted
to refer the subject case to the Commission en
ELECTION LAWS Case Digest (Atty. Valencia) ruling of a COMELEC Division shall be elevated
Compiled by: Wigmore #wigmoreforever to the COMELEC En Banc.
However, a motion to reconsider an interlocutory
The private respondent filed an Election Protest order of a COMELEC Division shall be resolved
against petitioner before the COMELEC for by the division which issued the interlocutory
allegedly committing election frauds and order, except when all the members of the
i egu a ities w ic t ans ated t t e atte ’s division decide to refer the matter to the
ostensible win as Mayor of Taguig City. On the COMELEC En Banc.
whole, private respondent claims that he is the
actual winner of the mayoralty elections in Thus, in general, interlocutory orders of a
Taguig City. COMELEC Division are not appealable, nor can
they be proper subject of a petition for certiorari.
In t e petiti ne ’s nswe wit C unte -Protest and This does not mean that the aggrieved party is
Counterclaim, she raised, among others, the without recourse if a COMELEC Division denies
affirmative defense of insufficiency in form and the motion for reconsideration. The aggrieved
content of the Election Protest and prayed for party can still assign as error the interlocutory
the immediate dismissal thereof. However, it order if in the course of the proceedings he
was denied by the COMELEC. Her Motion for decides to appeal the main case to the
Reconsideration was also denied. COMELEC En Banc. The exception enunciated
is when the interlocutory order of a COMELEC
ISSUE: Whether or not the COMELEC Division is a patent nullity because of absence of
committed grave abuse of discretion amounting jurisdiction to issue the interlocutory order, as
to lack or excess of jurisdiction in refusing to where a COMELEC Division issued a temporary
dismiss the protest of private respondent, to restraining order without a time limit, or where a
allow its review by this Court NO COMELEC Division admitted an answer with
counter-protest which was filed beyond the
HELD: The general rule is that a decision or an reglementary period.
order of a COMELEC Division cannot be
elevated directly to this Court through a special The Court has no jurisdiction to review an order,
civil action for certiorari. Furthermore, a motion whether final or interlocutory, even a final
to reconsider a decision, resolution, order, or
COMPILED BY: WIGMORE #WIGMOREFOREVER 88
case to the COMELEC En Banc. Moreover, the
protest filed by private respondent and the
counter-protest filed by petitioner remain
resolution of a division of the COMELEC. Stated pending before the COMELEC, which should
otherwise, the Court can only review via afford petitioner ample opportunity to ventilate
certiorari a decision, order, or ruling of the her grievances. Thereafter, the COMELEC
COMELEC en banc. In short, the final order of should decide these cases with dispatch.
the COMELEC (Second Division) denying the
affirmative defenses of petitioner cannot be
questioned before this Court even via a petition
GUIEB V. FONTANILLA 247 SCRA 348
for certiorari. Although the rule admits of
exceptions as when the issuance of the assailed
FACTS: Petitioner and private respondent were
interlocutory order is a patent nullity because of
candidates for the position of Punong Barangay
the absence of jurisdiction to issue the same.
of Barangay Nilombot, Sta. Barbara, Pangasinan
However, none of the circumstances permitting
in the barangay election of May 1994. Petitioner
an exception to the rule occurs in this instance.
was proclaimed as the winning candidate to
which the latter seasonably filed an election
In addition to that, certiorari will not lie in this protest with the Municipal Trial Court.
case. The issuance of a special writ of certiorari
has two prerequisites: (1) a tribunal, board, or
The Municipal Trial Court confirmed the
officer exercising judicial or quasi-judicial
proclamation of the petitioner and dismissed the
functions has acted without or in excess of its or
protest to which private respondent appealed to
his jurisdiction, or with grave abuse of discretion
the Regional Trial Court, which gave a favorable
amounting to lack or excess of jurisdiction; and
decision by reversing the court a quo.
(2) there is no appeal, or any plain, speedy, and
adequate remedy in the ordinary course of law.
Petitioner then filed a petition for certiorari with
the High Court regarding the decision.
Although it is not the duty of the Court to point
petitioner, or all litigants for that matter, to the
appropriate remedy which she should have
taken. The aggrieved party can still assign as
error the interlocutory order if in the course of
the proceedings he decides to appeal the main
ELECTION LAWS Case Digest (Atty. Valencia) with a margin of only twenty-two votes over the
Compiled by: Wigmore #wigmoreforever former.
ISSUE: Whether the RTC is the proper forum for Unwilling to accept defeat, the Relampagos filed
the appeal and has jurisdiction on election an election protest with theRTC of Agusan del
contests involving barangay positions NO Norte.
HELD: The RTC had absolutely no jurisdiction On 29 June 1994, the trial court, per Judge
over the appeal from the decision of the MTC. Rosario F. Dabalos, found the Relampagos to
Under Article IX, Section 2, Paragraph 2-C of the have won with a margin of six votes over the
Constitution, it is the COMELEC, and not the Cumba and rendered judgement in favor of the
Regional Trial Courts, that has exclusive Relampagos declaring him as having won the
jurisdiction over all contests involving elective mayoralty election and as duly elected Mayor of
barangay officials decided by courts of limited the Municipality of Magallanes, Agusan del
jurisdiction, which are the Metropolitan Trial Norte in the local election held on May 11, 1992,
Courts, Municipal Trial Courts and Municipal the protestant having obtained six (6) votes
Circuit Trial Courts. more than that of the protestee's votes.
ISSUE: Whether or not the Commission on The Court agrees with the respondent
Elections (COMELEC) has jurisdiction over COMELEC that there are provisions in B.P. Blg.
petitions for, certiorari, prohibition, and 697 whose lifetime go beyond the 14 May 1984
mandamus in election cases where it has election or the subsequent selection of sectoral
exclusive appellate jurisdiction. YES representatives.
RULING: The authority granted to the ISSUE: But did not the Omnibus Election Code
Commission under B.P. Blg. 697 is not (B.P. Blg. 881) repeal B.P. Blg. 697? NO
inconsistent with our election laws.
HELD: By the tenor of the Repealing Clause in
Clearly the intent of the law was to give BP 881, it does not evidently appear that the
certiorari, jurisdiction to the Commission on Batasang Pambansa had intended to codify all
Elections because the Pimentel case said there prior election statutes and to replace them with
was none, to fill a void in the law, and avoid an the new Code.
incongruous situation.
Section 50 of the Omnibus Election Code is not
The Commission is the most logical body inconsistent with BP 881.
whenever it performs judicial functions to take
jurisdiction of petitions for certiorari, prohibition
COMPILED BY: WIGMORE #WIGMOREFOREVER 90
motion to dismiss. The court denied the motion
to dismiss. Petitioner elevated the order to the
Commission on Elections (Comelec) on petition
The Court must, as it now does, abandon the for certiorari and prohibition, which, however,
ruling in the Garcia and Uy and Veloria has remained unresolved.
cases, We now hold that the last paragraph of
Section 50 of B.P. Blg. 697 remains in full force
On May 12, 1999, petitioner filed a consolidated
and effect but only in such cases where, under
motion that included a prayer for authority to
paragraph (2), Section 1, Article IX-C of the
photocopy all the official copies of the revision
Constitution, it has exclusive appellate
reports in the custody of the trial court. However,
jurisdiction. Simply put, the COMELEC has the
the trial court denied the issuance of such
authority to issue the extraordinary writs of
authorization. The court likewise denied a motion
certiorari, prohibition, and mandamus only in
for reconsideration of the denial. Then petitioner
aid of its appellate jurisdiction.
raised the denial to the COMELEC on petition for
certiorari and mandamus, which also remains
unresolved.
CARLOS vs ANGELES
The Revision results showed the final tally:
FACTS: Carlos and Serapio were candidates for
(a) protestant Serapio - 66,602 votes.
the position of mayor of the municipality of
(b) protestee Carlos - 83,609 votes,
Valenzuela, Metro Manila (later converted into a
giving the latter a winning margin of 17,007
City) during the May 11, 1998 elections.
votes.
The Municipal Board of Canvassers Carlos as
RTC: On the basis of the badges of fraud, the
the duly elected mayor of Valenzuela having
trial court declared that there was enough
obtained 102,688 votes, the highest number of
pattern of fraud in the conduct of the election for
votes in the election returns.
mayor in Valenzuela hence it set aside the
proclamation of protestee Jose Emmanuel
Serapio filed with the RTC Valenzuela an
election protest challenging the results.
FACTS: In its Minute Resolution No. 96-3076 of The two motions for reconsideration separately
29 October 1996, the Commission on Elections filed by the COMELEC Regional Director of
(COMELEC) resolved to file an information for Region VIII and by the COMELEC itself through its
violation of Section 261(i) of the Omnibus Legal Department having been denied by the
Election Code against private respondents public respondent in the Order of 17 October 1997,
Diosdada Amor, a public school principal, and the petitioner filed this special civil action. It
Esbel Chua and Ruben Magluyoan, both public contends that public respondent "has erroneously
school teachers, for having engaged in partisan misconstrued the provisions of Rep. Act No. 7691
political activities. The COMELEC authorized its in arguing that the Municipal Trial Court has
Regional Director in Region VIII to handle the exclusive original jurisdiction to try and decide
prosecution of the cases. election offenses" because pursuant to
COMPILED BY: WIGMORE #WIGMOREFOREVER 95
FACTS: On December 14, 1993, public On December 14, 1993, then Comelec
respondent Commission on Elections (Comelec) Chairman Christian Monsod called a meeting of
received from petitioner Kilosbayan a letter the Comelec En Bancwhich resolved to refer
informing the former of "two . . . serious petitioner Kilosbayan's letter-complaint to the
violations of election laws", thus: COMPILED BY: WIGMORE #WIGMOREFOREVER 99
an alleged commission of an election offense. A
complainant, who in effect accuses another
person of having committed an act constituting
Law Department for comment and/or an election offense, has the burden, as it is his
recommendation. Said letter-complaint was responsibility, to follow through his accusation
docketed as E.O. Case No. 93-193. and prove his complainant. If the complainant
fails to proffer the necessary evidence to show
The evidence proffered by Kilosbayan in support probable cause, notwithstanding the lack of
of its letter-complaint consisted of the published denial or any evidence in controversion, of the
writings of Teodoro Benigno in his column in the accusation, the complaint must be dismissed,
Philippine Star newspaper imputing to the so- since any person accused of a crime is
called Sulo Hotel Operation (SHO) headed by presumed innocent and does not at all have to
PYHSDFI's chairman, Ronaldo Puno, the make a response or reaction to the charges
commission of illegal election activities during against him.
the May 11, 1992 elections, including the
obtention of government funds for electioneering
The Comelec, in acting upon an election offense
purposes.
complaint in the course of preliminary
investigation, initially facilitates the confrontation
Kilosbayan did not submit evidence to prove its process between the complainant and the
case which ended in the dismissal of the same. respondents by requiring the submission of and
interfacing, their respective evidences.
Petitioner Kilosbayan contended that it is the
Ultimately, the Comelec passes upon the
Comelec that is duty-bound to search for
contending parties' respective submission and
evidence to prove its letter-complaint.
proofs and weighs the fact and circumstances
established therefrom. Contrary to the
ISSUE: Whether or not it is the Comelec that is asseveration of petitioner Kilosbayan, the
duty-bound to search for evidence to prove a preliminary investigation is not an occasion for
letter-complaint. the Comelec to, as a duty, spoonfeed the
HELD: The task of the Comelec as investigator
and prosecutor, acting upon any election offense
complaint, is not the physical searching and
gathering of proof in support of a complaint for
ELECTION LAWS Case Digest (Atty. Valencia) (2) petitioners name was repeatedly mentioned
Compiled by: Wigmore #wigmoreforever over the microphone during the games; (3) the
tournament was widely published in the local
complainant with evidence needed to prove its newspaper; and (4) a raffle sponsored by Cecilio
case. Gillamac was held with home appliances given
away as prizes.
EUGENIO "JING-JING" FAELNAR vs. Petitioner denied participation in the tournament
PEOPLE OF THE PHILIPPINES, HON. RAMON and claimed that its major sponsor was Gillamac
CODILLA, in his capacity as Presiding Judge Marketing, Inc. He contended that the same was
of the RTC, Branch 19, Cebu City, and purely a sporting event for the benefit of the
COMMISSION ON ELECTIONS youth. The complaint was investigated by Atty.
Edwin Cadungog, election officer of Cebu City,
FACTS: On April 8, 1997, pet Eugenio Faelnar who later recommended the dismissal of the
filed a certificate of candidacy for the position of charges against petitioner and Gillamac. On the
Barangay Chairman of Barangay Guadalupe, other hand, the Law Department of the
Cebu City in the May 12, 1997 barangay COMELEC recommended the filing of a case
elections. The following day, on April 9, 1997, a against petitioner and Gillamac for violation of
basketball tournament, dubbed the "2nd JING- 80, in relation to 262, of the Omnibus Election
JING FAELNARS CUP," opened at the Code, and 50 of COMELEC Resolution No.
Guadalupe Sports Complex and lasted up to 2888, in relation to 12 of Republic Act No. 6679.
April 30, 1997. This gave rise to a complaint for
electioneering filed against petitioner and Cecilio The COMELEC en banc resolved to dismiss the
Gillamac by Antonio Luy. The complaint alleged case. However, on motion of Antonio Luy, the
that the basketball tournament was actually a COMELEC reconsidered its action. Accordingly,
campaign gimmick staged outside the campaign pet and Gillamac were formally charged in the
period which officially started on May 1, 1997, in Regional Trial Court, Cebu City under two
violation of the Omnibus Election Code. Informations in Criminal Cases Nos. CBU-49941
and CBU-49942. Petitioner moved to quash the
Luy alleged that: (1) during the tournament, a
COMPILED BY: WIGMORE #WIGMOREFOREVER 100
streamer bearing petitioners name was placed on
the facade of the Guadalupe Sports Complex;
(3) days from receipt hereof the ballot boxes On 23 December 1992, SC promulgated its
from Precinct 7 and 16 of Silvino Lobos. The decision in G. R. No. 105717, the petition for
Municipal Treasurer of said town is directed to certiorari is GRANTED and a writ of preliminary
turn over custody of said ballot boxes to the injunction is hereby ISSUED directing the
Provincial Election Supervisor, and the keys COMELEC to CEASE and DESIST from
thereof shall likewise be turned over by the implementing its order of June 2, 1992 and its
appropriate officials in custody thereof to the resolution dated June 13, 1992, and the same
PES, who shall in turn give one key for each are hereby declared NULLIFIED.
ballot box to the duly authorized representatives
of the petitioner and the respondent. SPA No. 92-282 was raffled to the First Division
of the COMELEC. However, during the
On 15 June 1992, Lucero filed an urgent motion consultations on the case by the Members of the
to constitute a Special Board of Election First Division, the concurrence of at least two of
Inspectors (SBEI) to count the votes of Precincts them could not be obtained; accordingly,
Nos. 7 and 16 of Silvino Lobos. pursuant to the COMELEC Rules, the case was
elevated for proper disposition to the COMELEC
On 20 June 1992, Ong, in a special civil action en banc to which the parties submitted their
for certiorari filed with SC which questioned the respective memoranda on 19 November 1993.
order for the recount of ballots in Precincts No. 7
and 16.
COMELEC en banc promulgated a
Despite the pendency of this petition, the resolution whose dispositive portion reads as
COMELEC ordered the recount of the ballots in follows:
Precinct No. 16 by a SBEI which recorded 43
votes for Lucero and 2 votes for Ong.
1. To direct the special Provincial Board of
Canvassers for Northern Samar (a) to include in
On 25 June 1992, SC issued in G. R. No. 105717 the municipal certificate of canvass of Silvino
a temporary restraining order against the
COMPILED BY: WIGMORE #WIGMOREFOREVER 119
petitioner Lucero in the Municipality of Las
Navas as corrected. However, under no
circumstances should the Board proclaim any
Lobos the forty-three (43) votes of petitioner winning candidate until instructed to do so by the
Lucero and the two (2) votes of private Commission;
respondent Ong as reflected in the election
returns of Precinct No. 16 (Barangay Tubgon)
2. To issue an Order calling for a special election
prepared by the special Board of Election
Inspectors constituted by the Commission to in the last remaining Precinct No. 13 (Barangay
recount the votes (ballots) in said precinct, as Gusaran) of the Municipality of Silvino Lobos if
canvassed by the special Municipal Board of justified by the result of the canvass by the
Canvassers for Silvino Lobos; (b) to include in Provincial Board of Canvassers for Northern
the municipal certificate of canvass of Silvino Samar, and to notify the parties of the schedule
Lobos, the sixty-one (61) votes of private of election activities for that precinct; and
respondent Ong and 29, 30, or 31 votes of
petitioner Lucero as reflected in the election 3. After including in the tabulation the results of
returns (MBC Copy submitted as "Comelec the special election of Precinct No. 13, to decide
Copy") of Precinct No. 7 (Barangay Camaya-an), the issue of the recount of the votes (ballots) of
as canvassed by the special Municipal Board of Precinct No. 7 of Silvino Lobos, pursuant to
Canvassers for Silvino Lobos; (c) to retabulate Section 236 of the Omnibus Election Code, to
the total number of votes of petitioner Lucero for resolve the discrepancy of the votes of petitioner
the Municipality of Las Navas and to enter in the Lucero in the same return, if such discrepancy of
provincial certificate of canvass the correct total votes of the candidates concerned would affect
which is two thousand five hundred thirty-seven the over-all results of the election after the
(2,537) as reflected in the Statement of Votes totality of the votes of the contending parties
(C. E. Form 20-A) prepared and submitted by shall have been determined.
the Municipal Board of Canvassers for Las
Navas; and (d) to submit to the Commission a
computation of the votes of the contending
parties including therein all the votes of
petitioner Lucero (with alternative totals) and
private respondent Ong, in Precinct Nos. 7 and
16 of Silvino Lobos and the total votes of
ELECTION LAWS Case Digest (Atty. Valencia)
Compiled by: Wigmore #wigmoreforever HELD: On the authority of the COMELEC to
order the holding of a special election, Section 6
Both Lucero and Ong have come to this Court of the Omnibus Election Code provides:
by way of separate special civil actions for
certiorari to challenge the Resolution. Sec. 6. Failure of election. — If, on account of
force majeure, violence, terrorism, fraud, or
In G. R. No. 113107, Lucero maintains that (1) other analogous causes the election in any
the count of the ballots in Precinct No. 7 of polling place has not been held on the date
Silvino Lobos must be unconditional because fixed, or had been suspended before the hour
the election returns therefrom are invalid; and (2) fixed by law for the closing of the voting, or after
his chances in the special election in Precinct the voting and during the preparation and the
No. 13 of Silvino Lobos would be spoiled if the transmission of the election returns or in the
returns for Precinct No. 7 were to be included custody or canvass thereof, such election results
beforehand in the canvass. in a failure to elect, and if in any of such cases
the failure or suspension of election would affect
In G. R. No. 113509, Ong questions (1) the the result of the election, the Commission shall,
authority of the COMELEC to order the on the basis of a verified petition by any
correction of the alleged manifest error in the interested party and after due notice and
Municipal Certificate of Canvass of Las Navas hearing, call for the holding or continuation of the
despite the absence of any appeal; and (2) the election not held, suspended or which resulted in
authority of the COMELEC to call for a special a failure to elect on a date reasonably close to
election in Precinct No. 13 almost two years the date of the election not held, suspended or
after the regular election. which resulted in a failure to elect but not later
than thirty days after the cessation of the cause
ISSUE: Whether the COMELEC acted with of such postponement or suspension of the
grave abuse of discretion in calling for a special election or failure to elect.
election in Precinct No. 13 after almost two (2)
years, or more specifically after one (1) year and The first paragraph of Section 4 of R. A. No.
ten (10) months, following the day of the 7166 likewise provides:
synchronized elections.
COMPILED BY: WIGMORE #WIGMOREFOREVER 120
(ballots) of Precinct No. 16 (Silvino Lobos), and
the votes reflected in the available copy of the
election returns for Precinct No. 7 (Silvino
Lobos), it is safe to predict that when the special
Sec. 4. Postponement, Failure of Election and Provincial Board of Canvassers will reconvene
Special Elections. — The postponement, to sum up the votes of the contending parties,
declaration of failure of election and the calling the original lead of private respondent Ong of
of special elections as provided in Sections 5, 6 two hundred four (204) votes against petitioner
and 7 of the Omnibus Election Code shall be Lucero — 24,272 as against 24,068 — will be
decided by the Commission sitting en banc by a reduced to either 175 or 173 depending on
majority votes of its members. The causes for whether Lucero will be credited a low of 29 or a
the declaration of a failure of election may occur high of 31 votes as reflected in the election
before or after the casting of votes or on the day returns of Precinct No. 7.
of the election.
Without preempting the exact figures which only
There are, therefore, two requisites for the the special Provincial Board of Canvassers can
holding of special elections under Section 6 of correctly determine, undoubtedly it is inevitable
the Omnibus Election Code, viz., (1) that there is that a special election will have to be held in
a failure of election, and (2) that such failure Precinct No. 13 (Barangay Gusaran) of the
would affect the results of the election. The Municipality of Silvino Lobos.
parties admit that the failure of the election in
Precinct No. 13 was due to ballot-box snatching
Given the established lead of private respondent
and do not dispute the finding of the COMELEC
Ong over petitioner Lucero, We answer in the
as to the necessity and inevitability of the
affirmative. According to Comelec records, the
holding of a special election in said precinct,
number of registered voters in Precinct No. 13 is
even if the result of Precinct No. 7 should be
two hundred thirteen (213). Since the lead of
based on the questionable "Comelec Copy" of
respondent Ong is less than the number of
its election returns.
registered voters, the votes in that precinct could
The COMELEC held:
Based on the adjudged correction of the votes in
favor of petitioner Lucero in the Municipality of
Las Navas, the results of the recount of votes
ELECTION LAWS Case Digest (Atty. Valencia) elect. The first involves questions of fact. The
Compiled by: Wigmore #wigmoreforever second must be determined in the light of the
peculiar circumstances of a case. In the instant
affect the existing result because of the case, the delay was not attributable to the poor
possibility that petitioner Lucero might get a voters of Precinct No. 13 or to the rest of the
majority over Ong in that precinct and that electorate of the Second Legislative District of
majority might be more than the present lead of Northern Samar. The delay was, as stated in the
Ong. opening paragraph of this ponencia, primarily
caused by the legal skirmishes or maneuvers of
On the basis of the additional votes credited so the petitioners which muddled simple issues. The
far to the parties, the following computation is in Court takes judicial notice of the fact that G. R. No.
order: to Ong's 24,272 votes will be added 2 113509 is the third case Ong has brought to this
more from Precinct No. 16, to make a total of Court. Considering then that the petitioners
24,274, while to Lucero's 24,068 votes will be themselves must share the blame for the delay,
added 20 more from Las Navas and 43 from and taking into account the fact that since the term
Precinct No. 16, for a total of 24,131. Ong's of the office of the contested position is only three
earlier lead will thus be reduced to 143, which is years, the holding of a special election in Precinct
admittedly less than the 213 registered voters in No. 13 within the next few months may still be
Precinct No. 13. considered "reasonably close to the date of the
election not held." Ong's postulation should then
The two requirements then for a special election be rejected.
under Section 6 of the Omnibus Election Code
have indeed been met. Another serious obstacle to Ong's proposition is
that, considering the COMELEC's disposition of
In fixing the date of the special election, the Precinct No. 7 in the challenged Resolution, he
COMELEC should see to it that: (1) it should be would then be declared and proclaimed the duly
not later than thirty days after the cessation of the elected Representative of the Second Legislative
cause of the postponement or suspension of the District of Northern Samar despite the fact that as
election or the failure to elect, and (2) it should be earlier observed, there was no counting of the
reasonably close to the date of the election not votes of Precinct No. 7, and the results of the
held, suspended, or which resulted in failure to
COMPILED BY: WIGMORE #WIGMOREFOREVER 121
instances we e n t a eged in a’s petiti n
BULAONG vs COMELEC
ELECTION LAWS Case Digest (Atty. Valencia)
Compiled by: Wigmore #wigmoreforever
Petitioner thereafter filed two motions in
succession. He filed a motion to allow his
received 171,577 votes, while petitioner Jose M. witnesses to examine and identify ballots and
Bulaong received 170,361. other election documents before giving their
affidavits. He asked that subpoenas be issued to
Petitioner then filed a motion for the technical them to come to Manila for the purpose. He
examination of the election documents alleging alleged that these witnesses were public school
that there had been tampering of the ballots teachers who composed the Board of Elections
between the time the ballot boxes were brought Inspectors in the last election and that they
to Manila and the time the revision began. His would state in their affidavits that the signatures
motion was granted by the Commission which on the reverse side of some ballots were not
limited the period for the examination to one genuine.
month.
But at the hearing held on July 12, 1994, which
Petitioner here asked several times for the was the last day of the period granted to him for
extension of the period in which he will submit submitting the affidavits of witnesses, petitioner
the evidence. However despite several was able to submit the affidavit of only one
extensions, petitioner again manifested that he witness, namely Consuelo B. Gonzales, who
was not ready to present his testimonial was the Chairman of the Board of Election
evidence. He asked instead to be allowed to Inspectors of Precinct No. 61. Petitioner
submit the affidavits of his witnesses. For this explained that because the witnesses had not
purpose he asked for 45 days from June 27, been able to see the ballots, he was not able to
1994 within which to secure their affidavits. obtain their statements. For this reason he was
not ready to submit his evidence. He reiterated
Noting that the next election was less than a his request for the issuance of subpoenas to his
year away, the Commission granted petitioner witnesses.
only 15 days within which to submit the affidavits
of his witnesses and after that another period of
15 days (up to July 27, 1994) within which
COMPILED BY: WIGMORE #WIGMOREFOREVER 124
petitioner should make his formal offer of
exhibits and submit his memorandum.
HELD: It is not mandatory. It merely provides a HELD: Yes. In imposing a two percent
ceiling for the party-list seats in the House of threshold, Congress wanted to ensure that only
Representatives. The Constitution vested those parties, organizations and coalitions
Congress with the broad power to define and having a sufficient number of constituents
prescribe the mechanics of the party-list system deserving of representation are actually
of representatives. In the exercise of its represented in Congress. This intent can be
constitutional prerogative, Congress deemed it gleaned from the deliberations on the proposed
necessary to require parties participating in the bill. The two percent threshold is consistent not
system to obtain at least 2% of the total votes only with the intent of the framers of the
cast for the party list system to be entitled to a Constitution and the law, but with the very
party-list seat. Congress wanted to ensure that essence of "representation." Under a republican
only those parties having a sufficient number of or representative state, all government authority
constituents deserving of representation are emanates from the people, but is exercised by
actually represented in Congress. representatives chosen by them. But to have
meaningful representation, the elected persons
FORMULA FOR determination of total number of must have the mandate of a sufficient number of
party-list representatives = #district people. Otherwise, in a legislature that features
representatives/.80 x .20 the party-list system, the result might be the
proliferation of small groups which are incapable
Additional representatives of first party = # of of contributing significant legislation, and which
votes of first party/ # of votes of party list might even pose a threat to the stability of
system Congress. Thus, even legislative districts are
apportioned according to "the number of their
Additional seats for concerned party = # of respective inhabitants, and on the basis of a
votes of concerned party/ # votes of first uniform and progressive ratio" to ensure
party x additional seats for concerned party meaningful local representation.
COMPILED BY: WIGMORE #WIGMOREFOREVER 128
Step Three. The next step is to solve for the
number of additional seats that the other
qualified parties are entitled to, based on
proportional representation.
ISSUE: How should the additional seats of a
qualified party be determined?
ANG BAGONG BAYANI v COMELEC
HELD: Step One. There is no dispute among the
petitioners, the public and the private FACTS: etiti ne s c a enged t e C e ec’s
respondents, as well as the members of this Omnibus Resolution No. 3785, which approved
Court that the initial step is to rank all the the participation of 154 organizations and
participating parties, organizations and coalitions parties, including those herein impleaded, in the
from the highest to the lowest based on the 2001 party-list elections. Petitioners sought the
number of votes they each received. Then the disqualification of private respondents, arguing
ratio for each party is computed by dividing its mainly that the party-list system was intended to
votes by the total votes cast for all the parties benefit the marginalized and underrepresented;
participating in the system. All parties with at not the mainstream political parties, the non-
least two percent of the total votes are marginalized or overrepresented. Unsatisfied
guaranteed one seat each. Only these parties with the pace by which Comelec acted on their
shall be considered in the computation of petition, petitioners elevated the issue to the
additional seats. The party receiving the highest Supreme Court.
number of votes shall thenceforth be referred to
as t e “ i st” pa t ISSUE:
1. W et e n t petiti ne ’s ec u se t t e Court was
Step Two. The next step is to determine the proper.
number of seats the first party is entitled to, in 2. Whether or not political parties may participate
order to be able to compute that for the other in the party list elections.
parties. Since the distribution is based on
proportional representation, the number of seats
to be allotted to the other parties cannot possibly
exceed that to which the first party is entitled by
virtue of its obtaining the most number of votes.
ELECTION LAWS Case Digest (Atty. Valencia) “ a gina ized and unde ep esented”, t e c ite ia
Compiled by: Wigmore #wigmoreforever for participation, in relation to the cause of the
party list applicants so as to avoid desecration of
3. Whether or not the Comelec committed grave the noble purpose of the party-list system.
abuse of discretion in promulgating Omnibus
Resolution No. 3785. 3. The Court acknowledged that to determine
the propriety of the inclusion of respondents in
RULING: the Omnibus Resolution No. 3785, a study of the
1. The Court may take cognizance of an issue factual allegations was necessary which was
notwithstanding the availability of other remedies beyond the pale of the Court, the Court not being
"where the issue raised is one purely of law, a trier of facts.
where public interest is involved, and in case of
urgency." The facts attendant to the case However, seeing that the Comelec failed to
rendered it justiciable. appreciate fully the clear policy of the law and
the Constitution, the Court decided to set some
2. Political parties – even the major ones -- guidelines culled from the law and the
may participate in the party-list elections subject Constitution, to assist the Comelec in its work.
to the requirements laid down in the Constitution The Court ordered that the petition be remanded
and RA 7941, which is the statutory law in the Comelec to determine compliance by the
pertinent to the Party List System. party lists.
On May 11, 1995, the COMELEC issued a ISSUE: Whether or not petitioner was a resident,
Resolution allowing petitioner's proclamation for election purposes, of the First District of
should the results of the canvass show that she Leyte for a period of one year at the time of the
obtained the highest number of votes in the May 9, 1995 elections. - Yes
congressional elections in the First District of
Leyte. On the same day, however, the COMPILED BY: WIGMORE #WIGMOREFOREVER 139
candidacy which would lead to his or her
disqualification.
HELD: Residence implies the factual
Petitioner merely committed an honest mistake
relationship of an individual to a certain place. It
in jotting the word "seven" in the space provided
is the physical presence of a person in a given
for the residency qualification requirement. This
area, community or country. The essential
honest mistake should not, however, be allowed
distinction between residence and domicile in
to negate the fact of residence in the First
law is that residence involves the intent to leave
District if such fact were established by means
when the purpose for which the resident has
more convincing than a mere entry on a piece of
taken up his abode ends. One may seek a place
paper.
for purposes such as pleasure, business, or
health. If a person's intent be to remain, it
Petitioner's domicile
becomes his domicile; if his intent is to leave as
soon as his purpose is established it is
An individual does not lose his domicile even if he
residence. It is thus, quite perfectly normal for an
has lived and maintained residences in different
individual to have different residences in various
places. Residence implies a factual relationship to
places. However, a person can only have a
a given place for various purposes. The absence
single domicile, unless, for various reasons, he
from legal residence or domicile to pursue a
successfully abandons his domicile in favor of
another domicile of choice. profession, to study or to do other things of a
temporary or semi-permanent nature does not
constitute loss of residence. Thus, the assertion by
It is the fact of residence, not a statement in a
the COMELEC that "she could not have been a
certificate of candidacy which ought to be
resident of Tacloban City since childhood up to the
decisive in determining whether or not and
time she filed her certificate of candidacy because
individual has satisfied the constitution's
she became a resident of many places" flies in the
residency qualification requirement. The said
face of settled jurisprudence in which this Court
statement becomes material only when there is
carefully
or appears to be a deliberate attempt to mislead,
misinform, or hide a fact which would otherwise
render a candidate ineligible. It would be plainly
ridiculous for a candidate to deliberately and
knowingly make a statement in a certificate of
ELECTION LAWS Case Digest (Atty. Valencia) Tacloban, Leyte was her domicile of origin by
Compiled by: Wigmore #wigmoreforever operation of law.
made distinctions between (actual) residence Second, domicile of origin is not easily lost. To
and domicile for election law purposes. successfully effect a change of domicile, one
must demonstrate:
Moreover, while petitioner was born in Manila, 1. An actual removal or an actual change of
as a minor she naturally followed the domicile of domicile;
her parents. She grew up in Tacloban, reached 2. 2. A bona fide intention of abandoning the
her adulthood there and eventually established former place of residence and establishing a
residence in different parts of the country for new one; and
various reasons. Even during her husband's 3. Acts which correspond with the purpose.
presidency, at the height of the Marcos Regime's
powers, petitioner kept her close ties to her Only with evidence showing concurrence of all
domicile of origin by establishing residences in three requirements can the presumption of
Tacloban. continuity or residence be rebutted, for a change
of residence requires an actual and deliberate
Private respondent in his Comment, contends abandonment, and one cannot have two legal
that Tacloban was not petitioner's domicile of residences at the same time. The evidence
origin because she did not live there until she adduced by private respondent plainly lacks the
was eight years old. He avers that after leaving degree of persuasiveness required to convince
the place in 1952, she "abandoned her this court that an abandonment of domicile of
residency (sic) therein for many years and . . . origin in favor of a domicile of choice indeed
(could not) re-establish her domicile in said occurred. To effect an abandonment requires
place by merely expressing her intention to live the voluntary act of relinquishing petitioner's
there again." We do not agree. former domicile with an intent to supplant the
former domicile with one of her own choosing
First, minor follows the domicile of his parents. (domicilium voluntarium).
As domicile, once acquired is retained until a
new one is gained, it follows that in spite of the
fact of petitioner's being born in Manila,
COMPILED BY: WIGMORE #WIGMOREFOREVER 140
the term residence should only be interpreted to
mean "actual residence." The inescapable
conclusion derived from this unambiguous civil
Petitioner did not lost her domicile of origin by law delineation therefore, is that when petitioner
operation of law as a result of her marriage to married the former President in 1954, she kept
the late President Marcos her domicile of origin and merely gained a new
home, not a domicilium necessarium.
There is a clearly established distinction
between the Civil Code concepts of "domicile" Even assuming for the sake of argument that
and "residence." The presumption that the wife petitioner gained a new "domicile" after her
automatically gains the husband's domicile by marriage and only acquired a right to choose a
operation of law upon marriage cannot be new one after her husband died, petitioner's acts
inferred from the use of the term "residence" in following her return to the country clearly
Article 110 of the Civil Code because the Civil indicate that she not only impliedly but expressly
Code is one area where the two concepts are chose her domicile of origin (assuming this was
well delineated. lost by operation of law) as her domicile. This
"choice" was unequivocally expressed in her
When Petitioner was married to then letters to the Chairman of the PCGG when
Congressman Marcos, petitioner was obliged to petitioner sought the PCGG's permission to
follow her husband's actual place of residence rehabilitate their ancestral house in Tacloban
fixed by him. The problem here is that at that and Farm in Olot, Leyte.
time, Mr. Marcos had several places of
residence, among which were San Juan, Rizal
and Batac, Ilocos Norte. There is no showing
which of these places Mr. Marcos did fix as his
family's residence. But assuming that Mr.
Marcos had fixed any of these places as the
conjugal residence, what petitioner gained upon
marriage was actual residence. She did not lose
her domicile of origin.
HELD: The petition states that precinct No. 27A A barangay may officially exist on record and
located in Barangay Padian Torogan was the the fact that nobody resides in the place does
one declared as a ghost precinct by the not result in its automatic cessation as a unit of
COMELEC although the assailed Order did not local government. Under the Local Government
mention any specific precinct but simply Code of 1991, the abolition of a local
declared "Padian Torogan as ghost precinct." To government unit (LGU) may be done by
be clear, what was necessarily contemplated by Congress in the case of a province, city,
the assailed Order would be the election precinct municipality, or any other political subdivision. In
in the said place. the case of a barangay, except in Metropolitan
Manila area and in cultural communities, it may
The determination of whether a certain election be done by the Sangguniang Panlalawigan or
precinct actually exists or not and whether the Sangguniang Panglunsod concerned subject to
voters registered in said precinct are real voters the mandatory requirement of a plebiscite 16
is a factual matter. On such issue, it is a time- conducted for the purpose in the political units
honored precept that factual findings of the affected.
COMELEC based on its own assessments
and duly supported by evidence, are The findings of the administrative agency
conclusive upon this Court, more so, in the cannot be reversed on appeal or certiorari
absence of a substantiated attack on the validity particularly when no significant facts and
of the same. circumstances are shown to have been
COMPILED BY: WIGMORE #WIGMOREFOREVER 142
Upon review of the records, the Court finds that
the COMELEC had exerted efforts to investigate
rendered nugatory by the inclusion of some
ghost votes. Election laws should give effect to,
rather than frustrate the will of the people.
overlooked or disregarded which when
considered would have substantially affected the
FOOTNOTES:
outcome of the case. The COMELEC has broad
powers to ascertain the true results of an
The Commission shall establish all election
election by means available to it.
precincts.
The assailed order having been issued pursuant
The precincts actually established in the
to COMELEC's administrative powers and in the
preceding regular elections shall be maintained,
absence of any finding of grave abuse of
but the Commission may introduce such
discretion in declaring a precinct as non-existent,
adjustments, changes or new divisions or
said order shall stand.
abolish them, if necessary; Provided, however,
That the territory comprising an election precinct
Judicial interference is unnecessary and shall not be altered or a new precinct
uncalled for. No voter is disenfranchised established within forty-five days before a
because no such voter exist. The sacred regular election and thirty days before a special
right of suffrage guaranteed by the election or a referendum plebiscite.
Constitution is not tampered when a list of
fictitious voters is excluded from an electoral
Sec. 9, Republic Act No. 7160.
exercise.
Sec. 9. Abolition of Local Government Units. A
Suffrage is conferred by the Constitution only on
local government unit may be abolished when its
citizens who are qualified to vote and are not income, population or land area has been
otherwise disqualified by law. irreversibly reduced to less than the minimum
standards prescribed for its creation under Book
On the contrary, such exclusion of non- III of this Code, as certified by the national
existent voters all the more protects the agencies mentioned in Section 7 hereof to
validity and credibility of the electoral
process as well as the right of suffrage
because the "electoral will" would not be
ELECTION LAWS Case Digest (Atty. Valencia) who are at least eighteen years of age, and who
Compiled by: Wigmore #wigmoreforever shall have resided in the Philippines for at least
one year and in the place wherein they propose
Congress or the sanggunian concerned, as the to vote for at least six months immediately
case may be. preceding the election. No literacy, property, or
other substantive requirement shall be imposed
The law or ordinance abolishing a local on the exercise of suffrage.
government unit shall specify the province, city,
municipality, or barangay with which the local
government unit sought to be abolished will be TECSON v. COMELEC
incorporated or merged. G.R. No. 161434, March 03, 2004
Sec. 10, R.A. 7160. VITUG, J.:
Sec. 10. Plebiscite Requirement. No creation, CASE: The issue of citizenship is brought up to
division, merger, abolition, or substantial challenge the qualifications of a presidential
alteration of boundaries of local government candidate to hold the highest office of the land.
units shall take effect unless approved by a Our people are waiting for the judgment of the
majority of the votes cast in a plebiscite called Court with bated breath. Is Fernando Poe, Jr.,
for the purpose in the political unit or units the hero of silver screen, and now one of the
directly affected. Said plebiscite shall be main contenders for the presidency, a natural-
conducted by the Commission on Election born Filipino or is he not?
(COMELEC) within one hundred twenty (120)
days from the date effectivity of the law or FACTS: On 31 December 2003, respondent
ordinance affecting such action unless said law Ronald Allan Kelly Poe, also known as Fernando
or ordinance fixes another date. Poe, Jr. filed his COC for the position of
President of the Rep of the Phil. under the
Art. V, Section 1, 1987 Constitution. Koalisyon ng Nagkakaisang Pilipino (KNP)
Party, in the forthcoming 2004 national elections.
Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law,
COMPILED BY: WIGMORE #WIGMOREFOREVER 143
existed, Allan F. Poe, married Bessie Kelly only
a year after the birth of respondent.
In his certificate of candidacy, FPJ, representing
In the hearing before the Third Division of the
himself to be a natural-born citizen of the
COMELEC on 19 January 2004, petitioner, in
Philippines, stated his name to be "Fernando
support of his claim, presented several
Jr.," or "Ronald Allan" Poe, his date of birth to be
documentary exhibits - 1) a copy of the
20 August 1939 and his place of birth to be
certificate of birth of FPJ, 2) a certified
Manila.
photocopy of an affidavit executed in Spanish by
Paulita Poe y Gomez attesting to her having filed
Victorino X. Fornier, petitioner in G.R. No.
a case for bigamy and concubinage against the
161824, initiated, on 09 January 2004, a petition father of respondent, Allan F. Poe, after
docketed SPA No. 04-003 before the COMELEC discovering his bigamous relationship with
to disqualify FPJ and to deny due course or to Bessie Kelley, 3) an English translation of the
cancel his certificate of candidacy upon the affidavit aforesaid, 4) a certified photocopy of the
thesis that FPJ made a material certificate of birth of Allan F. Poe, 5) a
misrepresentation in his certificate of candidacy certification issued by the Director of the
by claiming to be a natural-born Filipino citizen Records Management and Archives Office,
when in truth, according to Fornier, his parents attesting to the fact that there was no record in
were foreigners; his mother, Bessie Kelley Poe, the National Archives that a Lorenzo Poe or
was an American, and his father, Allan Poe, was Lorenzo Pou resided or entered the Philippines
a Spanish national, being the son of Lorenzo before 1907, and 6) a certification from the
Pou, a Spanish subject. Granting, petitioner Officer-In-Charge of the Archives Division of the
asseverated, that Allan F. Poe was a Filipino National Archives to the effect that no available
citizen; he could not have transmitted his Filipino information could be found in the files of the
citizenship to FPJ, the latter being an illegitimate National Archives regarding the birth of Allan F.
child of an alien mother. Petitioner based the Poe.
allegation of the illegitimate birth of respondent
on two assertions - first, Allan F. Poe contracted
a prior marriage to a certain Paulita Gomez
before his marriage to Bessie Kelley and,
second, even if no such prior marriage had
ELECTION LAWS Case Digest (Atty. Valencia) On 23 January 2004, the COMELEC dismissed
Compiled by: Wigmore #wigmoreforever SPA No. 04-003 for lack of merit.
On his part, respondent FPJ, presented twenty- Three days later, or on 26 January 2004,
two documentary pieces of evidence, the more Fornier filed his motion for reconsideration.
significant ones being - a) a certification issued The motion was denied on 06 February 2004 by
by Estrella M. Domingo of the Archives Division the COMELEC en banc.
of the National Archives that there appeared to
be no available information regarding the birth of On 10 February 2004, petitioner assailed the
Allan F. Poe in the registry of births for San decision of the COMELEC before this Court
Carlos, Pangasinan, b) a certification issued by conformably with Rule 64, in relation to Rule 65,
the Officer-In-Charge of the Archives Division of of the Revised Rules of Civil Procedure. The
the National Archives that no available petition, docketed G. R. No. 161824, likewise
information about the marriage of Allan F. Poe prayed for a temporary restraining order, a writ
and Paulita Gomez could be found, c) a of preliminary injunction or any other resolution
certificate of birth of Ronald Allan Poe, d) that would stay the finality and/or execution of
Original Certificate of Title No. P-2247 of the the COMELEC resolutions.
Registry of Deeds for the Province of
Pangasinan, in the name of Lorenzo Pou, e) Petitioners Tecson, et al., in G. R. No. 161434,
copies of Tax Declaration No. 20844, No. 20643, and Velez, in G. R. No. 161634, invoke the
No. 23477 and No. 23478 in the name of provisions of Article VII, Section 4, paragraph 7,
Lorenzo Pou, f) a copy of the certificate of death of the 1987 Constitution in assailing the
of Lorenzo Pou, g) a copy of the purported jurisdiction of the COMELEC when it took
marriage contract between Fernando Pou and cognizance of SPA No. 04-003 and in urging the
Bessie Kelley, and h) a certification issued by Supreme Court to instead take on the petitions
the City Civil Registrar of San Carlos City, they directly instituted before it.
Pangasinan, stating that the records of birth in
the said office during the period of from 1900 The Constitutional provision cited reads:
until May 1946 were totally destroyed during
"The Supreme Court, sitting en banc, shall be
World War II.
the sole judge of all contests relating to the
COMPILED BY: WIGMORE #WIGMOREFOREVER 144
It is fair to conclude that the jurisdiction of the
Supreme Court, defined by Section 4, paragraph
7, of the 1987 Constitution, would not include
election, returns, and qualifications of the cases directly brought before it, questioning the
President or Vice-President, and may qualifications of a candidate for the presidency
promulgate its rules for the purpose." or vice-presidency before the elections are held.
ISSUE: As the Presidential Electoral Tribunal
Ordinary usage would characterize a “contest” in
(PET), does the Supreme Court have
reference to a post-election scenario. Election
jurisdiction over the qualifications of
contests consist of either an election protest or a
presidential candidates?
quo warranto which, although two distinct
remedies, would have one objective in view, i.e.,
RULING: No. An examination of the to dislodge the winning candidate from office. A
phraseology in Rule 12, 13, and Rule 14 of the perusal of the phraseology in Rule 12, Rule 13,
"Rules of the Presidential Electoral Tribunal," and Rule 14 of the “Rules of the Presidential
promulgated by the Supreme Court on April Electoral Tribunal,” promulgated by the Supreme
1992 categorically speak of the jurisdiction of the Court en banc on 18 April 1992, would support
tribunal over contests relating to the election, this premise—
returns and qualifications of the "President" or
"Vice-President", of the Philippines, and not of
“Rule 12. Jurisdiction. – The Tribunal shall be
"candidates" for President or Vice-President. A
the sole judge of all contests relating to the
quo warranto proceeding is generally defined as
election, returns, and qualifications of the
being an action against a person who usurps,
President or Vice-President of the Philippines.
intrudes into, or unlawfully holds or exercises a
public office. In such context, the election
“Rule 13. How Initiated. – An election contest is
contest can only contemplate a post-election
initiated by the filing of an election protest or a
scenario. In Rule 14, only a registered candidate
petition for quo warranto against the President
who would have received either the second or
or Vice-President. An election protest shall not
third highest number of votes could file an
include a petition for quo warranto. A petition for
election protest. This rule again presupposes a
post-election scenario.
ELECTION LAWS Case Digest (Atty. Valencia) the year 1870, when the Philippines was under
Compiled by: Wigmore #wigmoreforever Spanish rule, and that San Carlos, Pangasinan,
his place of residence upon his death in 1954, in
quo warranto shall not include an election the absence of any other evidence, could have
protest. well been his place of residence before death,
such that Lorenzo Pou would have benefited
“Rule 14. Election Protest. – Only the registered from the "en masse Filipinization" that the
candidate for President or for Vice-President of Philippine Bill had effected in 1902.
the Philippines who received the second or third
highest number of votes may contest the That citizenship (of Lorenzo Pou), if acquired,
election of the President or the Vice-President, would thereby extend to his son, Allan F. Poe,
as the case may be, by filing a verified petition father of respondent FPJ. The 1935 Constitution,
with the Clerk of the Presidential Electoral during which regime respondent FPJ has seen
Tribunal within thirty (30) days after the first light, confers citizenship to all persons
proclamation of the winner.” whose fathers are Filipino citizens regardless of
whether such children are legitimate or
ISSUE: Whether or Not FPJ is a natural born illegitimate.
Filipino citizen.
But while the totality of the evidence may not
HELD: It is necessary to take on the matter of establish conclusively that respondent FPJ is a
whether or not respondent FPJ is a natural-born natural-born citizen of the Philippines, the
citizen, which, in turn, depended on whether or evidence on hand still would preponderate in his
not the father of respondent, Allan F. Poe, would favor enough to hold that he cannot be held
have himself been a Filipino citizen and, in the guilty of having made a material
affirmative, whether or not the alleged misrepresentation in his certificate of candidacy
illegitimacy of respondent prevents him from in violation of Section 78, in relation to Section
taking after the Filipino citizenship of his putative 74, of the Omnibus Election Code.
father. Any conclusion on the Filipino citizenship
of Lorenzo Pou could only be drawn from the
presumption that having died in 1954 at 84 years
old, Lorenzo would have been born sometime in
COMPILED BY: WIGMORE #WIGMOREFOREVER 145
committed by the COMELEC, it is necessary to
take on the matter of whether or not respondent
FPJ is a natural-born citizen, which, in turn,
IN SUM: depended on whether or not the father of
(1) The Court, in the exercise of its power of respondent, Allan F. Poe, would have himself
judicial review, possesses jurisdiction over the been a Filipino citizen and, in the affirmative,
petition in G. R. No. 161824, filed under Rule 64, whether or not the alleged illegitimacy of
in relation to Rule 65, of the Revised Rules of respondent prevents him from taking after the
Civil Procedure. G.R. No. 161824 assails the Filipino citizenship of his putative father. Any
resolution of the COMELEC for alleged grave conclusion on the Filipino citizenship of Lorenzo
abuse of discretion in dismissing, for lack of Pou could only be drawn from the presumption
merit, the petition in SPA No. 04-003 which has that having died in 1954 at 84 years old, Lorenzo
prayed for the disqualification of respondent FPJ would have been born sometime in the year
from running for the position of President in the 1870, when the Philippines was under Spanish
10th May 2004 national elections on the rule, and that San Carlos, Pangasinan, his place
contention that FPJ has committed material of residence upon his death in 1954, in the
representation in his certificate of candidacy by absence of any other evidence, could have well
representing himself to be a natural-born citizen been his place of residence before death, such
of the Philippines. that Lorenzo Pou would have benefited from the
“en asse Fi ipinizati n” t at t e i ippine i
(2) The Court must dismiss, for lack of had effected in 1902. That citizenship (of
jurisdiction and prematurity, the petitions in G. R. Lorenzo Pou), if acquired, would thereby extend
No. 161434 and No. 161634 both having been
to his son, Allan F. Poe, father of respondent
di ect e e ated t t is C u t in t e atte ’s capacity as FPJ. The 1935 Constitution, during which regime
the only tribunal to resolve a presidential and respondent FPJ has seen first light, confers
vice-presidential election contest under the citizenship to all persons whose fathers are
Constitution. Evidently, the primary jurisdiction of Filipino citizens regardless of whether such
the Court can directly be invoked only after, not children are legitimate or illegitimate.
before, the elections are held.
Member of under the term of office COMPILED BY: WIGMORE #WIGMOREFOREVER 158
Congress. present prescribed by
unexpired
portion
.
even exist at
Under the rule The grounds Sec. 2, Art. XI
all. Under the mentione
questioned expression d in of the
provision, uniu
when an s est the Constitution
elective exclusion Constitution provides that
officia alterius
l 3
, the cannot be all public
covered statute is exclusive officer to the
thereby files a s
certificate of repugnan
candidacy for t to since there exclusion of the
another office, the pertinent are other President,
he is deemed constitutional modes of Vice-President,
to have provision
voluntarily cut s shortening the Members of the
short his since it tenure of Supreme
tenure provides for office of a Court,
, NOT the shortening Member of Members of the
his term. The of a Congress Constitutional
term remains c ng ess an’ such as Commissions,
and his s term of resignation, and the
successor, if office on a death, and Ombudsman
any, is allowed ground not conviction of may be
to serve its provided for in a crime, removed from
the present which carries office as ELECTION LAWS Case Digest (Atty. Valencia)
Compiled by: Wigmore #wigmoreforever
Constitution. a penalty of
provided by
If it were the disqualificatio
law. This
intent of the n to hold
clearly
recognize
framers to public office, s
include the which are not that the 4
provision
s of included in grounds
Sec. 67, Art. the found in Art.
IX of BP Blg. enumeration. VI of the
881, they Constitution
should have by which the
incorporated it tenure of a
the
DISQUALIFICATION OF CANDIDATES
unequivocal
tenor of Sec.
Before Elections
67, Art. IX of
BP Blg. 881.
G.R. No. 105436 June 2, 1994 EUGENIO
They cannot
JURILLA, MARCIANO MEDALLA,
refuse to
BERNARDO NAZAL, REY, MEDINA,
perform their
MELENCIO CASTELO and GODOFREDO
duty on the
LIBAN, petitioners,
ground of an
vs.
alleged
COMELEC and ANTONIO V.
invalidity of
HERNANDEZ, respondents.
the statute
BELLOSILLO, J.:
imposing such
duty because
FACTS:
it might hinder
EUGENIO JURILLA, MARCIANO MEDALLA,
the
BERNARDO NAZAL, REY MEDINA,
transaction of
MELENCIO CASTELO, GODOFREDO LIBAN
public
and ANTONIO V. HERNANDEZ were among
business. the candidates in the 11 May 1992 synchronized
Officers of the elections for the six (6) positions of councilor for
government the Second District of Quezon City.
from the
On 23 March 1992, Hernandez filed with the
highest to the
COMELEC his COC for one of the contested
lowest are
seats. In Item No. 6 of his certificate he gave as
creatures of his address "B 26, L 1 New Capitol Estates,
the law and Quezon City." However, he did not indicate on
are bound to
ELECTION LAWS Case Digest (Atty. Valencia) qualification before the COMELEC explaining
Compiled by: Wigmore #wigmoreforever however that since they became aware of the
g unds He nandez’s qua i icati n n a te the
the space provided in Item No. 12 therein his elections, they chose to file their petition under
Precinct Number and the particular Barangay Rule 25 of the COMELEC Rules of Procedure
where he was a registered voter. His biodata authorizing the filing of such petition at any day
submitted together with his COC gave his after the last day for filing certificates of
address as "Acacia Street, Mariana, Quezon candidacy but not later than the date of
City," which is part of the Fourth District of proclamation.
Quezon City. In other words, his COC and his Hernandez alleged that his failure to so state in
biodata filed with COMELEC did not expressly his certificate of candidacy his Precinct Number
state that he was a registered voter of Quezon is satisfactorily explained by him in that at the
City or that he was a resident of the Second time he filed his certificate he was not yet
District thereof within the purview of Sec. 39, assigned a particular Precinct Number in the
par. (a), of the Local Government Code of 1991, Second District of Quezon City. He was formerly
which provides: a registered voter of Manila, although for the
Sec. 39. Qualifications — (a) An elective past two (2) years prior to the elections he was
local official must be a citizen of the already a resident of "B 26, L 1 New Capitol
Philippines; a registered voter in the Estates," admittedly within the Second District of
barangay, municipality, city, or province Quezon City. This was confirmed in the
or, in the case of a member of the Municipal Trial Court, and his petition was
sangguniang panlalawigan, sangguniang granted.
panglunsod, or sangguniang bayan, the On 2 June 1992, COMELEC promulgated its
district where he intends to be elected; a questioned resolution denying the petition for
resident therein for at least one (1) disqualification for being filed outside the
year immediately preceding the day of reglementary period under Sec. 5 of RA 6646,
the election; and able to read and write which pertains to nuisance candidates.
Filipino or any other local language or Hence the instant petition for certiorari imputing
dialect. grave abuse of discretion amounting to lack of
In view of the seeming deficiency in the COC
of Hernandez, Jurilla Et Al herein challenged his
COMPILED BY: WIGMORE #WIGMOREFOREVER 161
office for which the COC has been
filed and thus prevent a faithful
determination of the true will of the
jurisdiction on the part of COMELEC in issuing electorate.
the assailed resolution of 2 June 1992.
Certainly, the holding of COMELEC that private
respondent Hernandez was a "nuisance
ISSUE: W Hernandez id a nuisance candidate? candidate" is erroneous because, tested against
NO the provisions of Sec. 69, there is no way by
which we can categorize him as a "nuisance
RULING: candidate," hence, the procedure therein
COMELEC referred to the action taken by provided could not have been properly invoked
petitioners herein as one to declare private by petitioners herein. Neither could they apply
respondent a "nuisance candidate" and Rule 25 of the COMELEC Rules of Procedure
intimating that they should have instead which would require such petition to be filed at
petitioned COMELEC to refuse to give due any day after the last day for filing certificates of
course to or cancel the COC of private candidacy but not later than the date of
respondent, citing Sec. 69 of BP Blg. 881, which proclamation.
provides: While COMELEC therefore proceeded on the
Sec. 69. Nuisance candidates. — erroneous premise that private respondent
The Commission may, motu Hernandez should be treated as a "nuisance
proprio or upon a verified petition candidate" as already shown, nevertheless its
of an interested party, refuse to conclusion to dismiss the petition and give due
give due course to or cancel a course to the candidacy of private respondent he
COC if it is shown that said being a qualified voter of Precinct No. 233-B,
certificate has been filed to put the New Capitol Estates, Barangay Batasan Hills,
election process in mockery or must be sustained.
disrepute or to cause confusion
among the voters by the similarity JURILLA VS. COMELEC
of the names of the registered
candidates or by other
circumstances or acts which clearly
demonstrate that the candidate has
no bona fide intention to run for the
ELECTION LAWS Case Digest (Atty. Valencia)
Compiled by: Wigmore #wigmoreforever
HELD: No. It may be gleaned from the
provisions of Sec. 39, par. (a), of the Local
Government Code of 1991, earlier quoted, that
FACTS: On March 23, 1992, respondent the law does not specifically require that a
Antonio V. Hernandez filed with the Commission candidate must state in his certificate of
on Elections his certificate of candidacy for one candidacy his Precinct Number and the
of the contested seats for councilors in the Barangay where he is registered. Apparently, it
Second District of Quezon City. In Item No. 6 of is enough that he is actually registered as a
is ce ti icate e ga e as is add ess “ 26 L 1 New voter in the precinct where he intends to vote,
Capit Estates, Quez n Cit ” H we e , e which should be within the district where he is
did not indicate in the space provided in Item No. running for office.
12 therein his Precinct Number and the
particular Barangay where he was a registered In the case at bar, his failure to state in his
voter. certificate of candidacy his Precinct Number is
satisfactorily explained by him in that at the time
His biodata submitted together with his he filed his certificate he was not yet assigned a
certificate of candidacy gave his address as particular Precinct Number in the Second District
“ cacia St eet, Ma iana, Quez n Cit ,” w ic is of Quezon City. He was formerly a registered
a part of the Fourth District of Quezon City. In voter of Manila, although for the past two (2)
other words, his certificate of candidacy and his years prior to the elections he was already a
biodata filed with the COMELEC did not esident “ 26, L 1 New Capit Estates,” admittedly
expressly state that he was a registered voter of within the Second District of Quezon City
Quezon City or that he was a resident of the
Second District thereof within the purview of
Sec. 39, par. (a), of the Local Government Code
of 1991. COQUILLA vs COMELEC
G.R. No. 151914 July 31, 2002
ISSUE: Whether or not the failure of a candidate
to indicate his Precinct Number and the
COMPILED BY: WIGMORE #WIGMOREFOREVER 162
particular Barangay where he was a registered
voter invalidates his certificate of candidacy.
Samar. His application was approved by the
Election Registration Board on January 12,
2001. On February 27, 2001, he filed his
FACTS: Petitioner Coquilla was born on certificate of candidacy stating therein that he
February 17, 1938 of Filipino parents in Oras, had been a resident of Oras, Eastern Samar for
Eastern Samar. He grew up and resided there "two (2) years."
until 1965, when he joined the United States
Navy. He was subsequently naturalized as a
On March 5, 2001, respondent Neil M. Alvarez,
U.S. citizen. From 1970 to 1973, petitioner thrice
who was the incumbent mayor of Oras and who
visited the Philippines while on leave from the
was running for reelection, sought the
U.S. Navy.Otherwise, even after his retirement
cance ati n petiti ne ’s ce ti icate candidacy on
from the U.S. Navy in 1985, he remained in the
the ground that the latter had made a material
United States.
misrepresentation in his certificate of candidacy
by stating that he had been a resident of Oras
On October 15, 1998, petitioner came to the for two years when in truth he had resided
Philippines and took out a residence certificate, therein for only about six months since
although he continued making several trips to November 10, 2000, when he took his oath as a
the United States, the last of which took place on citizen of the Philippines.
July 6, 2000 and lasted until August 5, 2000.
Subsequently, petitioner applied for repatriation The COMELEC was unable to render judgment
under R.A. No. 8171 to the Special Committee on the case before the elections on May 14,
on Naturalization. His application was approved 2001. Meanwhile, petitioner was voted for and
on November 7, 2000, and, on November 10, received the highest number of votes (6,131)
2000, he took his oath as a citizen of the against p i ate esp ndent’s 5,752 tes, a margin of
Philippines. Petitioner was issued Certificate of 379 votes. On May 17, 2001, petitioner was
Repatriation No. 000737 on November 10, 2000 proclaimed mayor of Oras by the Municipal
and Bureau of Immigration Identification Board of Canvassers. He subsequently took his
Certificate No. 115123 on November 13, 2000. oath of office.
SALCEDO II vs.COMELEC
G.R. No. 135886 August 16, 1999
ELECTION LAWS Case Digest (Atty. Valencia)
Compiled by: Wigmore #wigmoreforever HELD: Every person aspiring to hold any
elective public office must file a sworn certificate
On August 12, 1998, the Comelec's Second of candidacy. One of the things which should be
Division ruled, by a vote of 2 to 1, that since stated therein is that the candidate is eligible for
there is an existing valid marriage between the office.
Neptali Salcedo and Agnes Celiz, the
subsequent marriage of the former with private In case there is a material misrepresentation in
respondent is null and void. Consequently, the the certificate of candidacy, the Comelec is
use by private respondent of the surname authorized to deny due course to or cancel such
"Salcedo" constitutes material misrepresentation certificate upon the filing of a petition by any
and is a ground for the cancellation of her person pursuant to section 78 of the Code which
certificate of candidacy. states that —
However, in its en banc Resolution dated A verified petition seeking to deny due course
October 6, 1998, the Comelec overturned its or to cancel a certificate of candidacy may be
previous resolution, ruling that private filed by any person exclusively on the ground
respondent's certificate of candidacy did not that any material misrepresentation contained
contain any material misrepresentation. therein as required under Section 74 hereof is
false. The petition may be filed at any time not
This last resolution of the Comelec prompted later than twenty-five days from the time of
petitioner to repair to this Court by way of a the filing of the certificate of candidacy and
petition for certiorari under Rule 65, claiming that shall be decided, after due notice and
public respondent's ruling was issued in grave hearing, not later than fifteen days before the
abuse of its discretion. election.
ISSUE: Whether the use of such surname If the petition is filed within the statutory period
constitutes a material misrepresentation under and the candidate is subsequently declared by
section 78 of the Omnibus Election Code (the final judgment to be disqualified before the
"Code") so as to justify the cancellation of her election, he shall not be voted for, and the votes
certificate of candidacy
COMPILED BY: WIGMORE #WIGMOREFOREVER 164
certificate of candidacy was filed can be raised
under the Omnibus Election Code (B.P. Blg.
881), to wit:
cast for him shall not be counted. If for any
reason a candidate is not declared by final
(1) Before election, pursuant to Section 78
judgment before an election to be disqualified
thereof which provides that:
and he is voted for and receives the winning
number of votes in such election, the Court or
Sec. 78. Petition to deny due course or to
the Comelec shall continue with the trial and
cancel a certificate of candidacy. — A verified
hearing of the action, inquiry, or protest and,
petition seeking to deny due course or to
upon motion of the complainant or any
cancel a certificate of candidacy may be filed
intervenor, may during the pendency thereof
by any person exclusively on the ground that
order the suspension of the proclamation of such
any material misrepresentation contained
candidate whenever the evidence of his guilt is
therein as required under Section 74 hereof is
strong. The fifteen-day period in section 78 for
false. The petition may be filed at any time not
deciding the petition is merely directory.
later than twenty-five days from the time of
the filing of the certificate of candidacy and
As stated in the law, in order to justify the shall be decided, after due notice and
cancellation of the certificate of candidacy under hearing, not later than fifteen days before the
section 78, it is essential that the false election.
representation mentioned therein pertain to a
material matter for the sanction imposed by this
And
provision would affect the substantive rights of a
candidate — the right to run for the elective post
(2) After election, pursuant to Section 253
for which he filed the certificate of candidacy.
thereof, viz.:
Although the law does not specify what would be
considered as a "material representation," the
Sec. 253. Petition for quo warranto. — Any
Court has interpreted this phrase in a line of
voter contesting the election of any Member
decisions applying section 78 of the Code.
HELD: The court ruled that the phrase "dual By electing Philippine citizenship, such
citizenship" in R.A. 7160 Sec. 40 (d) and R.A. candidates at the same time forswear allegiance
7854 Sec. 20 must be understood as referring to to the other country of which they are also
dual allegiance. Dual citizenship is different from citizens and thereby terminate their status as
dual allegiance. The former arises when, as a dual citizens. It may be that, from the point of
result of the application of the different laws of
COMPILED BY: WIGMORE #WIGMOREFOREVER 174
has, as far as the laws of this country are
concerned, effectively repudiated his American
citizenship and anything which he may have said
view of the foreign state and of its laws, such an before as a dual citizen.
individual has not effectively renounced his
foreign citizenship. That is of no moment.
On t e t e and, p i ate esp ndent’s at
allegiance to the Philippines, when considered
When a person applying for citizenship by
with the fact that he has spent his youth and
naturalization takes an oath that he renounces adulthood, received his education, practiced his
his loyalty to any other country or government profession as an artist, and taken part in past
and solemnly declares that he owes his elections in this country, leaves no doubt of his
allegiance to the Republic of the Philippines, the
election of Philippine citizenship.
condition imposed by law is satisfied and
complied with. The determination whether such
His declarations will be taken upon the faith that
renunciation is valid or fully complies with the
he will fulfill his undertaking made under oath.
provisions of our Naturalization Law lies within
Should he betray that trust, there are enough
the province and is an exclusive prerogative of
sanctions for declaring the loss of his Philippine
our courts. The latter should apply the law duly
citizenship through expatriation in appropriate
enacted by the legislative department of the
proceedings. In Yu v. Defensor-Santiago, the
Republic. No foreign law may or should interfere
court sustained the denial of entry into the
with its operation and application. country of petitioner on the ground that, after
taking his oath as a naturalized citizen, he
The court ruled that the filing of certificate of applied for the renewal of his Portuguese
candidacy of respondent sufficed to renounce passport and declared in commercial documents
his American citizenship, effectively removing executed abroad that he was a Portuguese
any disqualification he might have as a dual national. A similar sanction can be taken against
citizen. By declaring in his certificate of any one who, in electing Philippine citizenship,
candidacy that he is a Filipino citizen; that he is renounces his foreign nationality, but
not a permanent resident or immigrant of
another country; that he will defend and support
the Constitution of the Philippines and bear true
faith and allegiance thereto and that he does so
without mental reservation, private respondent
ELECTION LAWS Case Digest (Atty. Valencia)
Compiled by: Wigmore #wigmoreforever HELD: YES. Osmena is still a Filipino. The court
e d t at zna ’s c ntenti n was n t e it i us zna
subsequently does some act constituting ’s a gu ent t at Os eña is n t a Fi ipin
renunciation of his Philippine citizenship. citizen and therefore, disqualified from running
for and being elected to the office of Governor of
Cebu, is not supported by substantial and
AZNAR VS. COMELEC convincing evidence. Aznar failed to provide
proof that Osmeña has lost the citizenship by
FACTS: E i i “Lit ” Os eña i ed is ce ti icate any of the modes provided for under C.A. No.
of candidacy with the COMELEC for the position 63, these are: (1) by naturalization in a foreign
of Provincial Governor of Cebu in the 18 January country, (2) by express renunciation of
1988 elections. Petitioner, Jose B. Aznar, filed citizenship, or (3) by subscribing to an oath of
with the COMELEC a petition for the allegiance to support the Constitution or laws of
disqualification of Osmeña on the ground that he a foreign country. Osmeña did not lose his
is not a Filipino citizen since he is a citizen of the Philippine citizenship in any of the modes
United States. COMELEC en banc decided to provided.
suspend the proclamation. Osmeña maintained
that he is a Filipino citizen, alleging that (1) he is By virtue of his being a son of a Filipino father,
the legitimate child of Dr. Emilio D. Osmeña, a the presumption that Osmeña is a Filipino
Filipino and son of the late President Sergio remains. In this case, Osmeña denies having
Osmeña, Sr., (2) that he is a holder of a valid taken the oath of allegiance of the United States.
and subsisting Philippine Passport, (3) that he He is a holder of a valid and subsisting
was continuously residing in the Philippines Philippine passport and has continuously
since birth and has not gone out of the country participated in the electoral process in this
for more than six months, and (4) that he has country since 1963.
been a registered voter in the Philippines since
1965. The court held that the dissent of Mr. Justice
Teodoro Padilla, that because Osmeña obtained
ISSUE: Whether or not respondent is no longer certificates of Alien Registration as an American
a Filipino citizen by acquiring dual-citizenship.
COMPILED BY: WIGMORE #WIGMOREFOREVER 175
citizenship. One of these petitions were filed by
herein petitioner, Valles.
citizen, the first in 1958 when he was 24 years However like all the other petitions, this was
old and the second in 1979, he should be dismissed on based on the following grounds:
regarded as having expressly renounced 1. Her father, Telesforo Ybasco, is a Filipino
Philippine citizenship, does not hold water. The
citizen, and by virtue of the principle of jus
court in this case held that Osmeña is still a sanguinis she was a Filipino citizen under the
Filipino citizen. It may also be noted he was not 1987 Philippine Constitution;
even declared a dual citizen.
2. She was married to a Filipino, thereby
making her also a Filipino citizen ipso jure under
Section 4 of Commonwealth Act 473;
VALLES vs COMELEC 3. And that, she renounced her Australian
citizenship on January 15, 1992 before the
FACTS: Rosalind Lopez was born on May 16, Department of Immigration and Ethnic Affairs of
1934 in Western Australia, to the spouses, Australia and her Australian passport was
Telesforo Ybasco, a Filipino citizen and native of accordingly cancelled as certified to by the
Daet, Camarines Norte, and Theresa Marquez, Australian Embassy in Manila;
an Australian. In 1949, at the age of fifteen, she
left Australia and came to settle in the Petitioner, on the other hand, maintains that the
Philippines. private respondent is an Australian citizen,
placing reliance on the admitted facts that:
In 1952, she was married to Leopoldo Lopez, a 1. In 1988, private respondent registered
Filipino citizen. Since then, she has continuously herself with the Bureau of Immigration as an
participated in the electoral process not only as Australian national
a voter but as a candidate, as well. She served
as Provincial Board Member of the Sangguniang
Panlalawigan of Davao Oriental. In 1992, she
ran for and was elected governor of Davao
Oriental.
HELD:
LABO JR. vs COMELEC st
1 issue: No. Labo did not question the
authenticity of evidence presented against him.
FACTS: In 1988, Ramon Labo, Jr. was elected
He was naturalized as an Australian in 1976. It
as mayor of Baguio City. His rival, Luis
was not his marriage to an Australian that made
Lardizabal filed a petition for quo warranto him an Australian. It was his act of subsequently
against Labo as Lardizabal asserts that Labo is swearing by taking an oath of allegiance to the
an Australian citizen hence disqualified; that he government of Australia. He did not dispute that
was naturalized as an Australian after he
married an Australian.
ELECTION LAWS Case Digest (Atty. Valencia) to preside over them as mayor of their city. Only
Compiled by: Wigmore #wigmoreforever citizens of the Philippines have that privilege
over their countrymen.
he needed an Australian passport to return to
the Philippines in 1980; and that he was listed as nd
2 issue: Lardizabal on the other hand cannot
an immigrant here.
assert, through the quo warranto proceeding,
that he should be declared the mayor by reason
It cannot be said also that he is a dual citizen.
La ’s disqua i icati n ecause La diza a
Dual allegiance of citizens is inimical to the
obtained the second highest number of vote. It
national interest and shall be dealt with by law. would be extremely repugnant to the basic
He lost his Filipino citizenship when he swore concept of the constitutionally guaranteed right
allegiance to Australia. He cannot also claim that to suffrage if a candidate who has not acquired
when he lost his Australian citizenship, he the majority or plurality of votes is proclaimed a
became solely a Filipino. To restore his Filipino winner and imposed as the representative of a
citizenship, he must be naturalized or repatriated constituency, the majority of which have
or be declared as a Filipino through an act of positively declared through their ballots that they
Congress – none of this happened. do not choose him. Sound policy dictates that
public elective offices are filled by those who
Labo, being a foreigner, cannot serve public have received the highest number of votes cast
office. His claim that his lack of citizenship in the election for that office, and it is a
should not overcome the will of the electorate is fundamental idea in all republican forms of
not tenable. The people of Baguio could not government that no one can be declared elected
have, even unanimously, changed the and no measure can be declared carried unless
requirements of the Local Government Code he or it receives a majority or plurality of the
and the Constitution simply by electing a legal votes cast in the election.
foreigner (curiously, would Baguio have voted
for Labo had they known he is Australian). The
electorate had no power to permit a foreigner JUAN FRIVALDO VS COMMISSION ON
owing his total allegiance to the Queen of ELECTIONS
Australia, or at least a stateless individual owing 174 SCRA 245
no allegiance to the Republic of the Philippines,
COMPILED BY: WIGMORE #WIGMOREFOREVER 177
Neither did his participation in the 1988 elections
restore his Philippine citizenship.
HELD:
1. No. Capco was not elected to the office of
September 2, 1989, he became mayor, by
mayor in the first term but simply found himself
operation of law, upon the death of the
thrust into it by operation of law. Neither had he
incumbent, Cesar Borja. For the next two
served the full term because he only continued
succeeding elections in 1992 and 1995, he was
the service, interrupted by the death, of the
again re-elected as Mayor.
deceased mayor. A textual analysis supports the
ruling of the COMELEC that Art. X, Sec. 8
On March 27, 1998, private respondent Capco contemplates service by local officials for three
filed a certificate of candidacy for mayor of consecutive full terms as a result of election. It is
Pateros relative to the May 11, 1998 elections.
not enough that an individual has served three
Petitioner Benjamin U. Borja, Jr., who was also a
consecutive terms in an elective local officials,
candidate a , s ug t Capc ’s disqualification on he must also have been elected to the same
the theory that the latter would have already position for the same number of times before the
served as mayor for three consecutive terms by disqualification can apply.
June 30, 1998 and would therefore be ineligible
to serve for another term after that. 2. Yes. Although he has already first served as
mayor by succession, he has not actually served
three full terms in all for the purpose of applying
The Second Division of the Commission on the three-term limit. The three-term limit shall
Elections ruled in favor of petitioner and apply when these 2 conditions concur: (1) the
declared private respondent Capco disqualified local official concerned has been elected three
from running for reelection as mayor of Pateros consecutive times; and (2) he has fully served
but in the motion for reconsideration, majority three consecutive terms.
overturned the original decision.