GR 158830; (August, 2004) (Digest)
G.R. No. 158830 ; August 10, 2004
Ellan Marie P. Cipriano, et al. vs. Commission on Elections, et al.
FACTS
Petitioner Ellan Marie P. Cipriano filed her certificate of candidacy for Sangguniang Kabataan (SK) Chairman. The COMELEC Law Department, based on a report from the Election Officer, found she was not a registered voter in her barangay, a qualification required by law. On election day itself, the COMELEC En Banc issued Resolution No. 5363, motu proprio cancelling her certificate of candidacy on this ground. Despite this, Cipriano was not removed from the ballot, was voted for, and was subsequently proclaimed the duly elected SK Chairman. She later learned of the cancellation and filed a motion for reconsideration, which the COMELEC denied via Resolution No. 5781, upholding its power to cancel certificates motu proprio based on administrative reports.
ISSUE
May the COMELEC, motu proprio and without a formal petition from a rival candidate, cancel a certificate of candidacy on the ground of lack of qualifications?
RULING
No. The Supreme Court ruled that the COMELEC committed grave abuse of discretion. The Court distinguished between the COMELEC’s administrative and quasi-judicial powers. While the COMELEC has broad administrative powers to enforce election laws, the act of cancelling a certificate of candidacy on the ground of ineligibility is a quasi-judicial function. This determination involves the resolution of facts that directly affect a candidate’s substantive right to run for and hold office. Consequently, such a proceeding requires due process: proper notice and a hearing where the candidate can present evidence to contest the allegations. The COMELEC’s procedure, which relied solely on an administrative report from an Election Officer and resulted in a cancellation without affording the candidate a chance to be heard, was invalid. The proper adversarial proceedings for such a cancellation are either a petition under Section 78 of the Omnibus Election Code (for material misrepresentation) filed by any registered candidate for the same office, or a post-proclamation quo warranto petition. The assailed COMELEC Resolutions were therefore set aside.