G.R. No. 127318 , August 25, 1999
FRANCIS KING L. MARQUEZ, petitioner, vs. HON. COMMISSION ON ELECTIONS, HON. NOLI C. DIAZ, Presiding Judge, Metropolitan Trial Court, Branch 80, Muntinlupa City, and LIBERTY SANTOS, respondents.

FACTS

During the May 6, 1996 Sangguniang Kabataan (SK) elections, Francis King L. Marquez and Liberty Santos were candidates for SK Chairman of Barangay Putatan, Muntinlupa City. Marquez garnered the highest votes and was proclaimed SK Chairman. On May 16, 1996, Santos filed an election protest before the Metropolitan Trial Court (MeTC) of Muntinlupa, impugning Marquez’s election on the ground of disqualification by age. The MeTC found the protest sufficient and issued a Temporary Restraining Order. Marquez filed a Motion to Dismiss, arguing that the protest was actually a quo warranto proceeding and that the MeTC had no jurisdiction. He contended that under COMELEC Resolution No. 2824, Section 6, cases involving the eligibility or qualification of SK candidates are to be decided by the city/municipal Election Officer, whose decision is final. The MeTC dismissed the motion, ruling that quo warranto proceedings fall under its jurisdiction pursuant to Section 253 of the Omnibus Election Code, especially since the Election Officer failed to act on the complaint. The COMELEC En Banc upheld the MeTC’s jurisdiction. Marquez filed the present Petition for Certiorari and Prohibition, assailing the COMELEC Resolution.

ISSUE

Whether the Metropolitan Trial Court has jurisdiction to hear and decide a disqualification case, by reason of age, filed after the election and proclamation in relation to the May 6, 1996 Sangguniang Kabataan elections.

RULING

Yes, the Metropolitan Trial Court has jurisdiction. The Petition is DISMISSED and the assailed COMELEC Resolution is AFFIRMED. Republic Act No. 7808 provides that the Omnibus Election Code shall govern SK elections. Section 253 of the Omnibus Election Code states that any voter contesting the election of any municipal or barangay officer on the ground of ineligibility shall file a sworn petition for quo warranto with the proper trial court within ten days after proclamation. An SK Chairman is considered a barangay official under Section 387(a) of the Local Government Code. Furthermore, COMELEC Resolution No. 2824, Section 49, grants MeTCs/MTCs/MCTCs original jurisdiction over all election protest cases, with final decisions. The Court distinguished that Section 6 of COMELEC Resolution No. 2824, which vests jurisdiction over eligibility cases in the Election Officer, applies only to proceedings before the election, as evident from its use of the word “candidates.” After the election and proclamation, such cases become quo warranto matters cognizable by the MeTCs/MTCs/MCTCs under Section 253 of the Omnibus Election Code. The protest filed by Santos, being a post-proclamation challenge to eligibility, was properly filed with the MeTC.