Barbers v. COMELEC Facts: Robert Z. Barbers and Rodolfo Biazon were candidates for re-election to the Senate of the the Ph Phil ilip ippi pine nes s in the the 10 May May 20 2004 04 Sync Synchr hron oniz ized ed Nati Nation onal al and and Loca Locall Elec Electi tion ons. s. COMELEC COMELEC sitting sitting en banc banc as the the NBC NBC for for the the elec electi tion on of Sena Senato tors rs prom promul ulga gate ted d a resolution proclaiming the first 11 duly elected Senators in the elections. The COMELEC declared that it would proclaim the remaining 12 th winning candidate for Senator after canvassing the remaining unsubmitted COCs. On 2 June 2004, the COMELEC promulgated another resolution proclaiming Biazon as “the 12th ranking duly elected 12 th Senator. According to COMELEC, Biazon obtained 10,68 10 ,685 5 more more votes votes than than Barber Barbers. s. The COMELEC COMELEC stated stated that that this this differ differenc ence e will will not materi materiall ally y be affect affected ed by the votes votes in certai certain n precin precincts cts where where there there was failur failure e of elections. petition ion to annul annul the the procla proclamat matio ion n of Biazo Biazon n as Senato Barber Barbers s filed filed a petit Senatorr claiming that the latter’s proclamation was void, illegal and premature being based on an incomplete incomplete canvass. Barbers Barbers asserted asserted that the remaining remaining uncanvassed uncanvassed COCs and votes and the results of the special elections, which were still to be conducted, would undoubtedly affect the results of the elections. On the other hand, Biazon asserts that the COMELEC 1st Division has no jurisdiction to review review,, revers reverse e or modify modify the actuation actuations s of COMELE COMELEC C en banc banc sit sittin ting g as Nation National al Board of Canvassers for Senators and that because he already took his oath, it should not entertain Barbers’ petition. It also argued that considering his lead over Barbers, the remaining votes in the uncanvassed COCs would not substantially affect the results as to the 12th senator. On the other hand, Barbers countered by saying that there could be no valid proclamation based on an incomplete canvass. COMELEC denied Barbers’ petition. It ruled that Barbers’ petition cannot be categorized as a pre-proclamation controversy since the issues cited are not proper for such nor it can be categorized as an election protest since the ground cited also does not make it as such. Besides, the COMELEC also found out that considering Biazon’s lead over that of Barbers, even if those unincluded votes would be counted in favor of Barbers still it would not affect the results. MR denied by COMELEC en banc. Hence, this petition. Issue: Whether the Supreme Court can take cognizance of the petition Held: No. No. It is the the Sena Senate te Elec Electo tora rall Trib Tribun unal al that that has has the the excl exclus usiv ive e juri jurisd sdic icti tion on to entertain this kind of petition in light of Sec. 17, Article VI of the 1987 Constitution as well as Rule 12 of the Revised Rules of Senate Electoral Tribunal as well as the ruling in Pangilinan v. COMELEC. COMELEC. In Javier v. COMELEC, COMELEC, it was held that the phrase “election, returns and qualifications” should be interpreted in its totality as referring to all matters affecting the validity of of the contestee’s title. title. But if it is necessary necessary to specify, we can can say that “election” referred to the conduct of the polls, including the listing of voters, the holding of the electoral campaign, and the casting and counting of the votes; “returns” to the canvass of the returns and the proclamation of the winners, including questi questions ons concer concernin ning g the compos composit ition ion of the the board board of canvas canvasser sers s and the authenticity of the election returns; and “qualifications” to matters that could be raise aised d in a quo warran warranto to proc procee eedi ding ng agai against nst the the proc procla laim imed ed winn winner er,, su such ch as his his disloy dis loyalt alty y or inelig ineligibi ibilit lity y or the inadeq inadequacy uacy of his certif certifica icate te of candid candidacy acy.. The word word “sole” in Section 17, Article VI of the 1987 Constitution and Rule 12 of the Revised Rules of the Senate Electoral Tribunal underscores the exclusivity of the SET’s jurisdiction over
election contests relating to members members of the Senate. Senate. The authority conferred conferred upon the SET is categorical and complete. complete. It is therefore clear clear that this Court has no jurisdiction jurisdiction to entertain the instant petition. Since Barbers contests Biazon’s proclamation as the 12 th winning senatorial candidate, it is the SET which has exclusive jurisdiction to act on Barbers’ complaint. Issue: Whethe Whetherr the COMEL COMELEC EC gravel gravely y abused abused its dis discre cretio tion n when, when, after after having having used used Provincial Certificates of Canvass in the canvass of election results for Senators up to 2 Jun June e 20 2004 04,, the the COME COMELE LEC C us used ed the the Muni Munici cipa pall Cert Certif ific icate ates s of Canv Canvass ass in the the final final tabulation of the uncanvassed results and that of the special elections yet to be held in certain parts of the country Held: No. It is a rule that an incomplete canvass of votes is illegal and cannot be the basis of a subsequent proclamation. proclamation. A canvass is not reflective reflective of the true vote of the electorate unless the board of canvassers considers considers all returns and omits none. none. However, this is true only where the election returns missing or not counted will affect the results of the election. (Sec. 233, Omnibus Election Code; Sec. 9 COMELEC Resolution No. 6749) In the present case, the report which the COMELEC Supervisory Committee submitted shows that Barbers obtained 6,736 votes in areas where results were not included in the national canvass. canvass. As for Biazon, Biazon, he garnered garnered 2,263 votes. Also, the Supervis Supervisory ory Committee’s Committee’s report registered voters in areas where special elections were shows that the total number of registered still till to be cond onducted ted was onl only 2,931 ,931,, cove overing ing only only 19 precinc incts in thre three e municipalities. Since the election returns not included in the national canvass as well as the results of the special elections to be held would not materially affect the results of the elections, it is immaterial whether the COMELEC used PCOCs or MCOCs in the subsequent canvass.
