G.R. No. 176296 ; June 30, 2008
Indira R. Fernandez, petitioner, vs. Hon. Commission on Elections (First Division) and Mark Anthony B. Rodriguez, respondents.

FACTS

In the July 15, 2002 synchronized Sangguniang Kabataan (SK) elections for Barangay Pandan del Sur, Catanduanes, respondent Mark Anthony B. Rodriguez was initially proclaimed the winning SK chairman with 27 votes against petitioner Indira R. Fernandez’s 25 votes. Fernandez filed an election protest with the Municipal Circuit Trial Court (MCTC). After revision proceedings, the MCTC declared Fernandez the winner with 29 votes to Rodriguez’s 24 and ordered her proclamation.
Rodriguez appealed to the COMELEC First Division. In its December 4, 2006 Resolution, the COMELEC nullified the MCTC decision. It found that three ballots, originally for Rodriguez, were tampered with to credit Fernandez. Applying the rule that a tampered vote should be counted for the original candidate, the COMELEC deducted three votes from Fernandez and added them to Rodriguez, resulting in a final tally of 26 for Fernandez and 27 for Rodriguez. The COMELEC reinstated Rodriguez as the winner. Fernandez’s motion for reconsideration was denied for being filed out of time.

ISSUE

The primary issue is whether the COMELEC has appellate jurisdiction over election protests involving the position of SK chairman decided by trial courts of limited jurisdiction.

RULING

The Supreme Court dismissed the petition for being moot and academic. The term of the contested SK office, which commenced on August 15, 2002, had already expired by noon of November 30, 2007, pursuant to Republic Act Nos. 9164 and 9340. Any judgment on the merits would no longer have practical legal effect or be enforceable.
Nevertheless, the Court addressed the jurisdictional issue for the guidance of the bench and bar. It ruled that the COMELEC possesses appellate jurisdiction over contests involving elective barangay officials decided by trial courts of limited jurisdiction, as vested by Article IX-C, Section 2(2) of the 1987 Constitution . Since Section 387(a) of the Local Government Code ( R.A. No. 7160 ) explicitly includes the SK chairman in the enumeration of barangay officials, the constitutional provision sanctions COMELEC appellate review of election protests for SK chairman.
The Court clarified that its earlier ruling in Mercado v. Board of Election Supervisors, which suggested otherwise, is no longer controlling, as explained in the subsequent case of Marquez v. Commission on Elections. The prevailing rule is that trial courts of limited jurisdiction have exclusive original jurisdiction over such protests, and the COMELEC has exclusive appellate jurisdiction. Therefore, the COMELEC properly assumed jurisdiction over Rodriguez’s appeal.