G.R. No. 123673 June 19, 1997
PEDRO C. CALUCAG, petitioner, vs. COMMISSION ON ELECTIONS, Manila; THE MUNICIPAL TRIAL COURT, BRANCH 04, TUGUEGARAO, CAGAYAN and CESAR CARBONEL, respondents.

FACTS

Petitioner Pedro Calucag and private respondent Cesar Carbonell were candidates for Barangay Captain in Barangay Caritan Centro, Tuguegarao, Cagayan in the May 9, 1994 elections. Petitioner initially garnered 478 votes against private respondent’s 477 votes. Private respondent filed an election protest with the Municipal Trial Court (MTC), which, after a recount, declared private respondent the winner with 491 votes against petitioner’s 489 votes on May 31, 1994. Petitioner appealed the MTC decision to the Regional Trial Court (RTC). The RTC dismissed the appeal on July 18, 1994, for lack of jurisdiction, ruling the proper forum was the Commission on Elections (COMELEC). Petitioner’s motion for reconsideration was denied. Petitioner then appealed to the COMELEC. The COMELEC First Division dismissed the appeal on August 12, 1994, for lack of appellate jurisdiction due to failure to perfect the appeal by paying appeal fees on time. The COMELEC en banc, in an order dated February 1, 1996, denied the motion for reconsideration, finding the appeal was filed out of time. Hence, this petition for certiorari.

ISSUE

Whether the COMELEC has exclusive appellate jurisdiction over election contests involving elective barangay officials decided by trial courts of limited jurisdiction, and whether petitioner’s appeal was filed on time.

RULING

Yes. The Supreme Court affirmed the COMELEC en banc’s order dismissing the appeal for lack of appellate jurisdiction. The Court reiterated its pronouncement in Flores v. Commission on Elections that Section 9 of R.A. No. 6679 , which provided that decisions of the MTC in barangay election cases should be appealed to the RTC, is unconstitutional for being in direct contravention of Article IX-C, Section 2(2) of the 1987 Constitution . The Constitution grants the COMELEC appellate jurisdiction over all contests involving elective barangay officials decided by trial courts of limited jurisdiction. Therefore, the COMELEC is the proper appellate court. An appeal from an MTC decision in a barangay election case must be filed with the COMELEC within five days after promulgation of the decision, as per Section 3, Rule 22 of the COMELEC Rules of Procedure. Petitioner received a copy of the MTC decision on June 16, 1994, but filed his notice of appeal only on August 12, 1994, which was beyond the five-day reglementary period. The erroneous filing of the appeal with the RTC did not toll the running of the prescriptive period. The right to appeal is a statutory privilege, and failure to perfect the appeal on time renders the decision final and executory. The requirement of an appeal fee and timely filing is not a mere technicality but an essential requirement for the exercise of appellate jurisdiction.