G.R. No. 256053 , November 05, 2024
VICE MAYOR PETER BASCON MIGUEL, PETITIONER, VS. ELIORDO USERO OGENA, RESPONDENT.

FACTS

Petitioner Peter Bascon Miguel and respondent Eliordo Usero Ogena were elected Vice Mayor and Mayor, respectively, of Koronadal City in the May 13, 2019 elections, proclaimed on May 15, 2019, and assumed office on June 30, 2019. On August 29, 2019, Miguel filed a Complaint for quo warranto before the Regional Trial Court (RTC) against Ogena, alleging Ogena was disqualified from holding elective office under Section 40(a) and (b) of the Local Government Code. The basis was the Supreme Court’s Decision dated February 2, 2016, in Administrative Case No. 9807, which suspended Ogena from the practice of law for two years and permanently barred him from performing notarial service for violating the 2004 Rules on Notarial Practice. Miguel argued this penalty constituted a final judgment for an offense involving moral turpitude and/or removal from office (as a notary public). Ogena moved to dismiss, arguing the RTC lacked jurisdiction as the Commission on Elections (COMELEC) had exclusive jurisdiction over such contests, and that Miguel lacked personality to sue. The RTC initially granted the quo warranto complaint on March 5, 2020, disqualifying Ogena. Upon Ogena’s motion for reconsideration, the RTC reversed itself in a Resolution dated July 7, 2020, dismissing the complaint for lack of jurisdiction, holding that COMELEC has exclusive jurisdiction. The Court of Appeals affirmed the RTC’s dismissal in its Decision dated December 15, 2020.

ISSUE

Whether the Regional Trial Court has jurisdiction over a quo warranto petition challenging the eligibility of a duly proclaimed and incumbent city mayor based on a disqualification under the Local Government Code, or whether such jurisdiction lies exclusively with the Commission on Elections.

RULING

The Supreme Court DENIED the petition. It held that the COMELEC has exclusive original jurisdiction over petitions for quo warranto involving the eligibility or qualifications of an elective city official, such as the Mayor of Koronadal City. The Court ruled that a quo warranto petition challenging the respondent’s right to hold the office of city mayor, even if filed after proclamation and assumption of office, and based on a disqualification under Section 40 of the Local Government Code, is an election contest falling within the COMELEC’s exclusive jurisdiction under Section 253 of the Omnibus Election Code and Section 2(2), Article IX-C of the 1987 Constitution . The RTC, therefore, correctly dismissed the complaint for lack of jurisdiction. The Court emphasized that the one-year prescriptive period under Rule 66 of the Rules of Court for filing quo warranto does not apply when a special law, like the Omnibus Election Code, provides a different period and vests jurisdiction in a specific tribunal. The proper remedy was a petition for quo warranto before the COMELEC, which must be filed within ten days from the date of proclamation as provided in the COMELEC Rules of Procedure.