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    Calucag Vs Comelec

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    janine nenaria
    This case involved an election protest filed by Cesar Carbonel challenging the results of the 1994 election for Barangay Captain of Caritan Centro, Tuguegarao, Cagayan. A recount declared Carbonel the winner by 2 votes. The petitioner, Pedro Calucag, appealed to the RTC which dismissed the appeal, finding the COMELEC had exclusive appellate jurisdiction over election contests involving barangay officials decided by lower courts. The Supreme Court affirmed, holding that under the Constitution, the COMELEC has exclusive appellate jurisdiction over such cases, and Calucag's appeal was correctly dismissed for lacking jurisdiction and being filed out of time.

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    Calucag Vs Comelec

    Uploaded by

    janine nenaria
    166 views1 page
    This case involved an election protest filed by Cesar Carbonel challenging the results of the 1994 election for Barangay Captain of Caritan Centro, Tuguegarao, Cagayan. A recount declared Carbonel the winner by 2 votes. The petitioner, Pedro Calucag, appealed to the RTC which dismissed the appeal, finding the COMELEC had exclusive appellate jurisdiction over election contests involving barangay officials decided by lower courts. The Supreme Court affirmed, holding that under the Constitution, the COMELEC has exclusive appellate jurisdiction over such cases, and Calucag's appeal was correctly dismissed for lacking jurisdiction and being filed out of time.

    Original Title

    12. calucag vs comelec

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    This case involved an election protest filed by Cesar Carbonel challenging the results of the 1994 election for Barangay Captain of Caritan Centro, Tuguegarao, Cagayan. A recount declared Carbonel the winner by 2 votes. The petitioner, Pedro Calucag, appealed to the RTC which dismissed the appeal, finding the COMELEC had exclusive appellate jurisdiction over election contests involving barangay officials decided by lower courts. The Supreme Court affirmed, holding that under the Constitution, the COMELEC has exclusive appellate jurisdiction over such cases, and Calucag's appeal was correctly dismissed for lacking jurisdiction and being filed out of time.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    166 views1 page

    Calucag Vs Comelec

    Uploaded by

    janine nenaria
    This case involved an election protest filed by Cesar Carbonel challenging the results of the 1994 election for Barangay Captain of Caritan Centro, Tuguegarao, Cagayan. A recount declared Carbonel the winner by 2 votes. The petitioner, Pedro Calucag, appealed to the RTC which dismissed the appeal, finding the COMELEC had exclusive appellate jurisdiction over election contests involving barangay officials decided by lower courts. The Supreme Court affirmed, holding that under the Constitution, the COMELEC has exclusive appellate jurisdiction over such cases, and Calucag's appeal was correctly dismissed for lacking jurisdiction and being filed out of time.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PEDRO C. CALUCAG v.

    COMMISSION ON ELECTIONS
    G.R. No. 123673
    June 19, 1997
    Romero, J.

    Facts: Petitioner Pedro Calucag and private respondent Cesar Carbonel were both candidates for
    Barangay Captain in Barangay Caritan Centro, Tuguegarao, Cagayan during the May 9, 1994 elections.
    Wherein petitioner won by a difference of one vote.

    Private respondent filed an election protest praying for the judicial recount of the ballots cast and the
    annulment of the proclamation of petitioner. As agreed upon by the parties, a recount/revision of the
    votes/ballots was made. As a result, private respondent obtained 491 votes as against petitioner’s 489
    votes. Thereafter, MTC promulgated a decision in open court declaring the former as the duly elected
    Barangay Captain. Petitioner appealed this ruling to the Regional Trial Court of Tuguegarao, Cagayan
    which was opposed by private respondent on the ground of lack of jurisdiction, the proper forum being
    the Commission on Elections (COMELEC). On July 18, 1994, the RTC issued an Order dismissing the
    appeal based on such ground.

    Issue: Whether the COMELEC has exclusive appellate jurisdiction over election contests involving
    elective barangay officials decided by trial courts of limited jurisdiction?

    Held: The COMELEC is the proper appellate court clothed with jurisdiction to hear the appeal, which
    appeal must be filed within five days after the promulgation of the MTC’s decision.

    Article IX-C, Section 2(2) of the Constitution, providing that the COMELEC shall:

    "exercise exclusive original jurisdiction over all contests relating to the elections, returns and
    qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over
    all contests involving elective municipal officials decided by trial courts of general jurisdiction, or
    involving elective barangay officials decided by trial courts of limited jurisdiction."

    Petitioner’s contention that the COMELEC erred in disallowing the case based on sheer technicalities is
    likewise unmeritorious. The COMELEC dismissed petitioner’s appeal for lack of appellate jurisdiction,
    based on his failure to perfect his appeal on time. Granting that petitioner paid the appeal fees on time,
    he chose the wrong forum; the payment, therefor, having been done after the lapse of the reglementary
    period to appeal.

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