CASE: Jaramilla v. COMELEC GR NO: 155717 TOPIC : comelec PONENTE :
DATE: 23 October 2003
AUTHOR: PULHIN NOTES: # OF PAGES 7
FACTS: Antonio Suyat and Alberto J. Jaramilla both ran for the position of Member of the Sangguniang Bayan in the Municipalit in the 14 May 2001 e lections. On 16 May 2001, the Municipal Board of Canvassers of Sta. Cruz, proclaimed the w inning candida Mayor, V i c e M a y o r a n d 8 m e m b e r s o f t h e S a n g g u n i a n g B a y a n . T h e C e r t i f i c a t e o f C a n v a s s o f V o t e s shows the following results and ranking with respect to the members of the Sangguniang Bayan, to wit: (1) RAGUCOS, Ma. Luisa ABAYA, Juan Jr., Andaquig (6,013); (3) GINES, Fidel Cudiamat (5,789); (4) QUILOP, Renato Avila (5,227); (5) BILIGAN, Osias Depd (5,130); (6) RUIZ, Agustin Turgano (4,972); (7) JARAMILLA, Alberto Jimeno (4,815); and (8)CORTEZ In the tabulated results issued by the Election Officer and Chairperson of the Municipal Board of Canvassers of Sta. Cruz, it is sh obta obtain ined ed 4,77 4,779 9 vote votess and and was was ranke d 9 . Upo n re view by S uyat , he disco vere d th at J aram illa was cred ited with onl per Election Return from Precinct 34A1. However, when the figures were forwarded to the Statement of Votes was credited with 73 votes for Precinct 34A1 or 50 votes more than what he actually obtained. If the entry were to be corrected candidates would be ranked as follows:(7) CORTEZ, Ireneo Habon (4,807); (8) SUYAT, Antonio (4,779); and (9) JA RA MI LL A, Al be rt o(4,765). On 13 13 June 2001, 2001, Suyat Suyat filed filed before before the COMELEC COMELEC en en banc an an Urgent Urgent Motion Motion for Issuan Issuance ce of Or d which the latt er trea ted as a Pet ition for Corr ecti on o f Ma nifes t Er ror . Jaram illa coun counte tere red d in his his Answ Answer er that that said said dismissed for having been filed out of time and for lack of the required certification of non-forum shopping. On 24 October 200 issued a resolution resolution,, annulling annulling the proclamation proclamation of Jaramilla Jaramilla and creating creating a new Municipal Municipal Board Board of Canvassers Canvassers J ar am il la fi le d certiorari with prayer for temporary restraining order and preliminary injunction ascribing grave abuse of discretion ISSUE(S) : Whether the Commission on Elections en banc properly assumed original jurisdiction over the Petition for Correction HELD: yes DISPOSITIVE PORTION: WHEREFORE, finding no grave abuse of discretion committed by public respondent COMELEC, its Resol October 24, 2002 is AFFIRMED. The petition is DISMISSED. RATIO: Article IX-C of the Constitution states in part that "The Commission on Elections may sit en banc or in two divisions, and rule ruless of of proc proced edur ure e in in orde orderr to to exp exped edit ite e dis dispo posi siti tion on of ele cti on cas es, inc lud ing pre -pr oc lam ati on con tr ove rsi es. All su cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be d Commission en banc." As stated in the provision, and in line with the Court’s recent pronouncement in Milla v. Balmores - Laxa, pre-proclamation controversies should first be heard and decided by a division of the COMELEC, an d then by the commission en banc if a motio of the division is filed. It must be noted however that this provision applies only cases where the COMELEC exercises its adjudicatory or quasi-judicial powers, and not when it merely administrative functions. This doctrine was laid out in Castromayor v. COMELEC, and reiterated in subsequent cases. Accor dingl demands only the exercise by the t he COMELEC of its administrative functions, such as the correction of a manifest mistake in the a an erroneous tabulation in the statement of votes, the COMELEC en banc can directly act on it in the exercise function to decide questions affecting elections. Herein, the Petition for Correction of Manifest Errors alleges copying of figures from the election return to the Statement of Votes by Precinct. Such an error in the tabulat wh ic h me re ly re qu ir es a clerical clerical correction correction without without the necessity necessity of of opening opening ballot ballot boxes boxes or examini examining ng ballots ballots,, demands demands onl onl exercise of the administrative power of the COMELEC. Hence, the Commission en banc properly jurisdiction over the aforesaid petition.
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