Cagas Vs Comelec

CAGAS VS COMELEC - LAZATIN
TOPIC:
DOCTRINE: The Court has no power to review on
certiorari an interlocutory order or even a final resolution
issued by a Division of the COMELEC.
FACTS:
The petitioner and respondent Bautista contested
the position of Governor of the Province of Davao
del Sur in the May 10, 2010 automated national
and local elections. Results led to the completion of
the canvassing of votes cast, and the petitioner was
proclaimed the winner.
Alleging fraud, anomalies, irregularities, votebuying and violations of election laws, rules and
resolutions, Bautista filed an electoral protest.
In his answer, the petitioner averred as his special
affirmative defenses that Bautista did not make the
requisite cash deposit on time; and that Bautista
did not render a detailed specification of the acts or
omissions complained of.
COMELEC First Division issued the first assailed
order denying the special affirmative defenses of
the petitioner.
The petitioner then moved to reconsider on the
ground that the order did not discuss whether the
protest specified the alleged irregularities in the
conduct of the elections. He prayed that the matter
be certified to the COMELEC en banc.
Bautista countered that the assailed orders, being
merely interlocutory, could not be elevated to the
COMELEC en banc pursuant to the ruling in Panlilio
v. COMELEC.
COMELEC First Division issued its second assailed
order, denying the petitioners motion for
reconsideration for failing to show that the first

order was contrary to law.
Not satisfied, the petitioner commenced this special
civil action directly in this Court.
ISSUE:
WON COMELEC gravely abused its discretion in
refusing to dismiss the protest for insufficiency in
form and content- NO
RULING:
SC cannot review a decision of a COMELEC Division.
The governing provision is Section 7, Article IX of
the 1987 Constitution.
o This provision, although it confers on the
Court the power to review any decision,
order or ruling of the COMELEC, limits such
power to a final decision or resolution of the
COMELEC en banc, and does not extend to
an interlocutory order issued by a Division of
the COMELEC.
o Otherwise stated, the Court has no power to
review on certiorari an interlocutory order or
even a final resolution issued by a Division of
the COMELEC.
The mode by which a decision, order or ruling of
the COMELEC en banc may be elevated to the
Supreme Court is by the special civil action of
certiorari under Rule 65 of the 1964 Revised Rules
of Court, now expressly provided in Rule 64, 1997
Rules of Civil Procedure, as amended.
o Rule 65, Section 1, 1997 Rules of Civil
Procedure, as amended, requires that there
be no appeal, or any plain, speedy and
adequate remedy in the ordinary course of
law. A motion for reconsideration is a plain
and adequate remedy provided by law.
Failure to abide by this procedural

requirement constitutes a ground for
dismissal of the petition.
o In like manner, a decision, order or resolution
of a division of the COMELEC must be
reviewed by the COMELEC en banc via a
motion for reconsideration before the final en
banc decision may be brought to the
Supreme Court on certiorari. The prerequisite
filing
of
a
motion
for
reconsideration is mandatory.
There is no question, therefore, that the Court has
no jurisdiction to take cognizance of the petition for
certiorari assailing the denial by the COMELEC First
Division of the special affirmative defenses of the
petitioner. The proper remedy is for the petitioner
to wait for the COMELEC First Division to first
decide the protest on its merits, and if the result
should aggrieve him, to appeal the denial of his
special affirmative defenses to the COMELEC en
banc along with the other errors committed by the
Division upon the merits.
Moreover, no final decision, resolution or order has
yet been made which will necessitate the elevation
of the case and its records to the Commission en
banc
In the instant case, it does not appear that the
subject controversy is one of the cases specifically
provided under the COMELEC Rules of Procedure in

which the Commission may sit en banc. Neither is it
shown that the present controversy a case where a
division is not authorized to act nor a situation
wherein the members of the First Division
unanimously voted to refer the subject case to the
Commission en banc. Clearly, the Commission en
banc, under the circumstances shown above,
cannot be the proper forum which the matter
concerning the assailed interlocutory orders can be
referred to.
In a situation such as this where the Commission in
division committed grave abuse of discretion or
acted without or in excess of jurisdiction in issuing
interlocutory orders relative to an action pending
before it and the controversy did not fall under any
of the instances mentioned in Section 2, Rule 3 of
the COMELEC Rules of Procedure, the remedy of the
aggrieved party is not to refer the controversy to
the Commission en banc as this is not permissible
under its present rules but to elevate it to this Court
via a petition for certiorari under Rule 65 of the
Rules of Court.
DISPOSITIVE:
Petition
denied.

Cagas Vs Comelec

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CAGAS VS COMELEC - LAZATIN

reconsideration for failing to show that the first

Failure to abide by this procedural

provided under the COMELEC Rules of Procedure in

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