G.R. No. 136833 February 17, 2003
MELODY B. BATOY, petitioner, vs. REGIONAL TRIAL COURT, BRANCH 50, LOAY, BOHOL, et al., respondents.

FACTS

Petitioner Melody B. Batoy and private respondent Jeanfree Sarmiento were candidates for Barangay Chairman in the May 6, 1996 Sangguniang Kabataan elections. Sarmiento won by one vote. Batoy filed an election protest with the Municipal Circuit Trial Court (MCTC) but failed to attach the required certification of non-forum shopping as mandated by Administrative Circular No. 04-94. Sarmiento moved to dismiss the protest on this ground. Batoy subsequently submitted the certification and opposed the motion, arguing the omission was a mere technicality. The MCTC granted the motion and dismissed the protest.
Instead of appealing the MCTC’s dismissal order to the Commission on Elections (COMELEC) as provided by election rules, Batoy filed a petition for certiorari with the Regional Trial Court (RTC). She alleged the MCTC committed grave abuse of discretion. The RTC dismissed her petition, ruling it had no jurisdiction and that her proper remedy was an appeal to the COMELEC. Batoy’s motion for reconsideration was denied.

ISSUE

Whether the RTC correctly dismissed the petition for certiorari.

RULING

Yes, the RTC correctly dismissed the petition. The Supreme Court affirmed the dismissal on two primary legal grounds. First, the MCTC did not commit grave abuse of discretion in dismissing the election protest for failure to comply with the mandatory requirement of a certification of non-forum shopping. The Court held the requirement is not a mere technicality, and subsequent compliance does not cure the initial defect. Batoy’s excuse of oversight was deemed flimsy and unacceptable, as it would undermine the policy against forum shopping.
Second, and more critically, the RTC correctly held it had no jurisdiction over the petition. Under COMELEC Resolution No. 2824 governing the elections, the COMELEC has exclusive appellate jurisdiction over decisions and final orders of the MCTC in election protests. The proper remedy from the MCTC’s dismissal order was a timely appeal to the COMELEC, not a special civil action for certiorari filed with the RTC. By erroneously filing with the RTC, Batoy failed to perfect her appeal, rendering the MCTC’s order final. Furthermore, the petition was rendered moot and academic as the term of office for the contested position had long expired.