Digest 02 - Ibrahim V COMELEC - GR 192289 - Jan 8 2013
Digest 02 - Ibrahim V COMELEC - GR 192289 - Jan 8 2013
Digest 02 - Ibrahim V COMELEC - GR 192289 - Jan 8 2013
RATIONALE:
- The COMELEC en banc is devoid of authority to disqualify Ibrahim as a candidate for the
position of Vice-Mayor of Datu Unsay
- Section 3(C), Article IX of the 1987 Constitution explicitly provides:
o Sec. 3. The Commission on Elections may sit en banc or in two divisions, and
shall promulgate its rules of procedure in order to expedite disposition of election
cases, including pre-proclamation controversies. All such election cases shall be
heard and decided in division, provided that motions for reconsideration of
decisions shall be decided by the Commission en banc.
- Garvida v. Salas Jr. – held that it is the COMELEC sitting in division and not the
COMELEC en banc which has jurisdiction over petitions to cancel certificate of
candidacy:
o Sec.78. Petition to deny due course to or cancel a certificate of candidacy. - A
verified petition seeking to deny due course or to cancel a certificate of candidacy
may be filed by any person exclusively on the ground that any material
representation contained therein as required under Section 74 hereof is false.
The petition may be filed at any time not later than twenty-five days from the time
of filing of the certificate of candidacy and shall be decided, after due notice and
hearing, not later than fifteen days before election. (Omnibus Rules)
o Under the same Rules of Procedure, jurisdiction over a petition to cancel a
certificate of candidacy lies with the COMELEC sitting in Division, not en banc.
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Cases before a Division may only be entertained by the COMELEC en banc when
the required number of votes to reach a decision, resolution, order or ruling is not
obtained in the Division. Moreover, only motions to reconsider decisions,
resolutions, orders or rulings of the COMELEC in Division are resolved by the
COMELEC en banc.
- In the case at bar, the COMELEC en banc, through the herein assailed resolutions,
ordered Ibrahim’s disqualification even when no complaint or petition was filed against
him yet.
- A proper petition should have been filed before the conduct of elections
- Moreover, even if we were to assume that a proper petition had been filed, the
COMELEC en banc still acted with grave abuse of discretion when it took cognizance of
a matter, which by both constitutional prescription and jurisprudential declaration, instead
aptly pertains to one of its divisions.
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