A.M. No. 92-12-916-RTC July 8, 1994
RE: COMELEC RESOLUTION NO. 2521 (IN THE MATTER OF PETITIONING THE SUPREME COURT TO INITIATE DISCIPLINARY ACTION AGAINST THE HON. JOSE T. PINON, RTC, BRANCH V, BONGAO, TAWI-TAWI)

FACTS

Harkin S. Que, a candidate for municipal councilor of Bongao, Tawi-Tawi, filed a petition for mandamus before the Regional Trial Court (RTC) presided by Judge Jose T. Pinon. Que sought to compel the Municipal Board of Canvassers to proclaim him as the eighth winning councilor, alleging the Board had only proclaimed the first five winners. Simultaneously, a pre-proclamation controversy and a petition alleging failure of elections in certain precincts were already pending before the Commission on Elections (COMELEC). Despite a motion to dismiss citing the COMELEC’s exclusive jurisdiction over such pre-proclamation matters, Judge Pinon issued an order directing the Board to proclaim Que and to pay him P145,000 in damages.
When the Board members failed to comply, citing their need to attend the COMELEC hearing in Manila, Judge Pinon found them in contempt. He issued warrants for their arrest and ordered their detention until they proclaimed Que and paid the damages. The Board members were consequently arrested, preventing their travel. Under this duress, they submitted a proclamation paper for Que and a payment of P145,000 was made, leading to their release. The COMELEC then adopted Resolution No. 2521, seeking Judge Pinon’s disciplinary action for gross ignorance of the law and arbitrariness.

ISSUE

Whether Judge Jose T. Pinon is administratively liable for gross ignorance of the law and arbitrariness for taking cognizance of a pre-proclamation controversy and coercing election officials.

RULING

Yes, Judge Pinon is administratively liable. The Supreme Court emphasized that the Constitution and the Omnibus Election Code vest in the COMELEC exclusive original jurisdiction over all pre-proclamation controversies. A pre-proclamation controversy involves issues related to the preparation, transmission, receipt, custody, and appreciation of election returns, which are precisely the matters raised in Que’s mandamus petition seeking proclamation. By entertaining the mandamus case and issuing coercive orders, Judge Pinon blatantly disregarded this well-settled jurisdictional delineation.
The Court found his actions constituted gross ignorance of the law. A judge is expected to know elementary legal principles, especially those concerning the jurisdiction of constitutional bodies like the COMELEC. His orders, which included commanding a proclamation, awarding damages, and incarcerating election officials to enforce his directive, were not merely erroneous but were issued with grave abuse of authority. The fact that the forced proclamation and payment were later extracted under duress does not validate his unlawful acts. The Court imposed a fine of Thirty-Five Thousand Pesos (P35,000.00) with a stern warning against future infractions, holding that such arbitrariness undermines the administration of justice and due process.