GR 150946; (October, 2003) (Digest)
G.R. No. 150946; October 23, 2003
MUNICIPAL BOARD OF CANVASSERS OF GLAN, ET AL., petitioners, vs. COMMISSION ON ELECTIONS (En Banc) and FLORA L. BENZONAN, respondents.
FACTS
Respondent Flora L. Benzonan, a mayoralty candidate in Glan, Sarangani, filed a pre-proclamation controversy (SPC No. 01-032) directly with the COMELEC en banc. She sought to nullify the canvass and the proclamation of the petitioners as winning municipal officials. Benzonan alleged multiple irregularities, including the illegal constitution of the third Municipal Board of Canvassers, the unauthorized transfer of the canvassing venue, lack of proper notice for certain proceedings, and the falsification of election returns and the certificate of canvass.
The COMELEC en banc, acting on the case in the first instance, issued a resolution on December 4, 2001, declaring the proclamations null and void and ordering a re-canvass. The petitioners then filed this certiorari petition with the Supreme Court, challenging the COMELEC’s resolution and securing a temporary restraining order against its implementation.
ISSUE
Whether the COMELEC en banc had jurisdiction to hear and decide SPC No. 01-032, a pre-proclamation controversy, in the first instance.
RULING
The Supreme Court granted the petition, annulling the COMELEC en banc’s resolution. The legal logic is anchored on the constitutional and jurisprudential mandate governing the COMELEC’s exercise of its quasi-judicial powers. Section 3(c), Article IX-C of the 1987 Constitution provides that election cases, including pre-proclamation controversies, “shall be heard and decided in division,” with motions for reconsideration decided en banc.
The Court, reiterating its consistent rulings from Sarmiento v. COMELEC onwards, held that the COMELEC en banc is devoid of jurisdiction to adjudicate election cases at the first instance. This power is exclusively vested in its divisions. The Court clarified that while the COMELEC en banc can directly act on administrative matters, the nature of SPC No. 01-032 is quasi-judicial, as it involves the adjudication of contested facts regarding the legality of canvassing proceedings and the authenticity of election documents. Since Benzonan filed her petition directly with the COMELEC en banc and the en banc decided it initially, the entire proceeding was void for lack of jurisdiction. Consequently, the Supreme Court set aside the null resolution and directed the COMELEC to assign the case to a proper division for hearing and decision.