G.R. No. 165080; April 24, 2007
THE PROVINCE OF AGUSAN DEL NORTE, represented by GOVERNOR ERLPE JOHN M. AMANTE, Petitioner, vs. THE COMMISSION ON ELECTIONS (COMELEC), PROVINCIAL BOARD OF CANVASSERS FOR AGUSAN DEL NORTE, ANDRES R. TAN and SUNNY M. AGO, Respondents.

FACTS

Following the reclassification of Agusan del Norte from third to second class province, the COMELEC issued Resolution No. 6662 on March 8, 2004, allocating two additional Sangguniang Panlalawigan (SP) seats for its Second District for the May 2004 elections. The provincial SP passed a resolution concurring with this and proposed a deadline for filing candidacies. However, unbeknownst to the province, the COMELEC issued Resolution No. 04-0291 on March 16, 2004, deferring the implementation of Resolution No. 6662 for Agusan del Norte and two other provinces, citing the perceived failure of their SPs to file a formal petition for additional seats as allegedly required by the Local Government Code. Consequently, the elections proceeded with only eight SP seats allocated for the entire province.
After the elections, the Provincial Board of Canvassers proclaimed only seven winning candidates for the Second District. Respondents Andres R. Tan and Sunny M. Ago placed 8th and 9th, respectively. Subsequently, upon a recommendation to revisit the deferment, the COMELEC issued the assailed Resolution No. 04-0856 on August 3, 2004, affirming the increased allocation of seats under Resolution No. 6662 and directing the proclamation of Tan and Ago as the 8th and 9th winning candidates for the Second District. The Province of Agusan del Norte filed this petition for certiorari, arguing the COMELEC acted without jurisdiction and with grave abuse of discretion.

ISSUE

Whether the COMELEC committed grave abuse of discretion in issuing Resolution No. 04-0856, which directed the proclamation of the 8th and 9th placed SP candidates for Agusan del Norte’s Second District after the elections.

RULING

The Supreme Court dismissed the petition, finding no grave abuse of discretion by the COMELEC. The legal logic centers on the COMELEC’s constitutional mandate and plenary powers to enforce election laws. The Court clarified that the allocation of additional SP seats is governed by the Local Government Code, which automatically adjusts membership based on a province’s income classification. No formal petition from the SP is a prerequisite; the reclassification itself triggers the entitlement. Thus, COMELEC Resolution No. 6662, which initially implemented this statutory mandate, was correct.
The error lay in COMELEC Resolution No. 04-0291, which erroneously deferred implementation based on a non-existent requirement for a provincial petition. Resolution No. 04-0856, which the Province assailed, merely corrected this prior error and gave effect to the lawful allocation under Resolution No. 6662. The COMELEC acted within its authority to correct its own mistakes, especially to give effect to the will of the electorate. Respondents Tan and Ago, having received the 8th and 9th highest number of votes, were elected, not appointed. The COMELEC’s directive for their proclamation was a ministerial enforcement of the valid seat allocation, not a discretionary act amounting to grave abuse.