G.R. No. 165691; June 22, 2005
ROBERT Z. BARBERS, petitioner, vs. COMMISSION ON ELECTIONS, NATIONAL BOARD OF CANVASSERS FOR SENATORS AND PARTY-LIST REPRESENTATIVES, and RODOLFO G. BIAZON, respondents.

FACTS

Petitioner Robert Z. Barbers and respondent Rodolfo G. Biazon were candidates for Senator in the May 10, 2004 elections. The COMELEC, sitting as the National Board of Canvassers (NBC), proclaimed the first eleven winning senators on May 24, 2004. On June 2, 2004, after canvassing supplemental Certificates of Canvass (COCs) from certain areas, the NBC proclaimed Biazon as the 12th and last winning senator, having obtained 10,685 more votes than Barbers. The COMELEC stated the remaining uncanvassed votes and the results of pending special elections would not materially affect this lead.
Barbers filed a petition with the COMELEC to annul Biazon’s proclamation, arguing it was illegal and premature for being based on an incomplete canvass. He contended that the uncanvassed Municipal COCs and the results of special elections yet to be held would affect the election’s outcome. The COMELEC Special Division denied his petition, a ruling affirmed by the COMELEC en banc. Barbers then elevated the case to the Supreme Court via a petition for certiorari and prohibition.

ISSUE

Whether the Supreme Court has jurisdiction over the petition challenging the validity of Biazon’s proclamation as Senator.

RULING

The Supreme Court DISMISSED the petition for lack of jurisdiction. The legal logic is anchored on the doctrine of constitutional separation of powers and the specific jurisdictional grant to the Senate Electoral Tribunal (SET). The Court held that the petition, while framed as a challenge to the COMELEC’s acts in canvassing and proclaiming, is in substance an electoral contest over the results of the senatorial election. Under Article VI, Section 17 of the 1987 Constitution, the SET is the sole judge of all contests relating to the election, returns, and qualifications of Senators. Once a candidate has been proclaimed and has taken his oath of office, any question regarding the validity of his proclamation based on the canvass of returns becomes a matter within the exclusive jurisdiction of the SET.
The Court found that Biazon had been validly proclaimed and had assumed office. Consequently, Barbers’ proper remedy was to file an electoral protest with the SET, not a special action with the Supreme Court. The Court emphasized it cannot usurp the constitutional functions of the SET. Furthermore, it ruled that the COMELEC did not commit grave abuse of discretion in its finding that the uncanvassed votes would not materially affect Biazon’s lead, a factual determination not reviewable by certiorari absent a clear showing of arbitrariness. The dismissal was thus based on the lack of jurisdiction over the subject matter of the dispute.