G.R. No. L-31478 January 23, 1970
JOSE B. LINGAD, petitioner, vs. HON. ANDRES C. AGUILAR, as Presiding Judge of the Second Branch of the Court of First Instance of Pampanga; and JUANITA L. NEPOMUCENO, respondents.

FACTS

Petitioner Jose B. Lingad and respondent Juanita L. Nepomuceno were candidates for representative of the first district of Pampanga. During the canvass, Lingad objected to 111 election returns from three towns due to palpable erasures and alterations, praying for the use of other clean copies. The provincial board of canvassers overruled the objection. The Commission on Elections (Comelec), upon examination and comparison with its own copies, found the questioned returns altered and directed the board to disregard them and use the Comelec copies for canvassing, ordering a recanvass and proclamation unless restrained by the Supreme Court by December 26, 1969. Nepomuceno’s petition to the Supreme Court challenging this Comelec order was denied on December 23, 1969. On the same day, Nepomuceno filed a petition for judicial recount in the Court of First Instance of Pampanga (Civil Case No. 3639). Respondent Judge Andres C. Aguilar issued a preliminary injunction on December 24, 1969, restraining the board from proclaiming any candidate. Confronted with conflicting orders, the board held action in abeyance. The Comelec, upon Lingad’s motion, resolved on December 26, 1969, that the court’s order amounted to an unlawful review of its resolution and directed the board to proclaim the winner after 5:00 PM that day absent a Supreme Court restraining order. The board then proclaimed Lingad as the duly elected representative. Lingad took his oath, was enrolled in the House of Representatives, and assumed office. Despite this, respondent judge, in an order dated January 14, 1970, invalidated Lingad’s proclamation and maintained the preliminary injunction. Lingad filed this petition for certiorari and prohibition.

ISSUE

Whether the respondent Court of First Instance of Pampanga acted without jurisdiction in taking cognizance of the petition for judicial recount and in issuing orders, including the invalidation of Lingad’s proclamation, thereby interfering with the constitutional authority of the Comelec.

RULING

Yes. The Supreme Court granted the writs prayed for. The respondent judge was without jurisdiction. The Comelec has exclusive constitutional authority to enforce and administer all laws relative to the conduct of elections. Where election returns have been tampered with, the remedy is before the Comelec, not the Court of First Instance. The respondent court’s order for a judicial recount and its subsequent orders, including the invalidation of the proclamation, constituted an unlawful review and reversal of the final resolution of the Comelec, which only the Supreme Court can review. All proceedings held by the respondent judge in Civil Case No. 3639 were declared null and void for having been held beyond its jurisdiction. The respondent judge was prohibited from taking any further action except to dismiss the case. The Supreme Court’s restraining order was made permanent. Costs were imposed on private respondent Nepomuceno.