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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
June-2003 Jurisprudence                 

  • G.R. No. 125297 June 6, 2003 - ELVIRA YU OH v. COURT OF APPEALS, ET AL.

  • G.R. No. 143675 June 9, 2003 - SPS. ROMEO and EMILY GUDA v. ALAN A. LEYNES, ET AL.

  • G.R. No. 145338 June 9, 2003 - PEOPLE OF THE PHIL. v. ZALDY P. LABIANO

  • A.C. No. 4738 June 10, 2003 - VIOLETA FLORES ALITAGTAG v. VIRGILIO R. GARCIA

  • Bar Matter No. 1036 June 10, 2003 - DONNA MARIE S. AGUIRRE v. EDWIN L. RANA

  • A.M. No. 99-6-81-MTCC June 10, 2003 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MTCC OF PALAYAN CITY

  • A.M. No. MTJ-99-1203 June 10, 2003 - NELIA A. ZIGA v. RAMON A. AREJOLA

  • A.M. No. P-96-1214 June 10, 2003 - BERNARDINO M. FABIAN, ET AL. v. LEILA (LAILA) M. GALO

  • A.M. No. RTJ-03-1751 June 10, 2003 - ANDREA D. DOMINGO v. ERNESTO P. PAGAYATAN

  • G.R. No. 111159 June 10, 2003 - NORDIC ASIA LIMITED, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116463 June 10, 2003 - REPUBLIC OF THE PHIL. thru the DPWH v. COURT OF APPEALS, ET AL.

  • G.R. No. 119293 June 10, 2003 - SAN MIGUEL CORP. v. NLRC, ET AL.

  • G.R. No. 123054 June 10, 2003 - PEOPLE OF THE PHIL. v. FAUSTO B. OBEDO

  • G.R. No. 125778 June 10, 2003 - INTER-ASIA INVESTMENTS INDUSTRIES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125838 June 10, 2003 - DEVELOPMENT BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126281 June 10, 2003 - PEOPLE OF THE PHIL. v. SERGIO A. CARATAO

  • G.R. No. 131842 June 10, 2003 - PEOPLE OF THE PHIL. v. DIONISIO JACKSON

  • G.R. No. 139561 June 10, 2003 - SPS. FEDERICO & SARAH ATUEL, ET AL. v. SPS. BERNABE & CONCHITA VALDEZ

  • G.R. No. 141115 June 10, 2003 - POSADAS-MOYA and ASSOC. CONST. CO. v. GREENFIELD DEV’T. CORP.

  • G.R. No. 142467 June 10, 2003 - PEOPLE OF THE PHIL. v. ABELARDO DE CASTRO, ET AL.

  • G.R. No. 143076 June 10, 2003 - PHILIPPINE RURAL ELECTRIC COOPERATIVES ASSOCIATION, ET AL. v. SECRETARY, DILG, ET AL.

  • G.R. No. 143125 June 10, 2003 - PEOPLE OF THE PHIL .vs. DIOSDADO R. CORIAL

  • G.R. No. 144157 June 10, 2003 - PEOPLE OF THE PHIL. v. LOWELL SALUDES

  • G.R. Nos. 144523-26 June 10, 2003 - PEOPLE OF THE PHIL. v. FLORENTINO QUIJANO SR.

  • G.R. Nos. 145452-53 June 10, 2003 - PEOPLE OF THE PHIL. v. LARRY CARITATIVO

  • G.R. Nos. 146749 & 147938 June 10, 2003 - CHINA BANKING CORP. v. COURT OF APPEALS

  • G.R. No. 149154 June 10, 2003 - RODOLFO S. DE JESUS, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 150611 June 10, 2003 - JACINTO SAGUID v. COURT OF APPEALS, ET AL.

  • G.R. No. 153660 June 10, 2003 - PRUDENCIO BANTOLINO, ET AL. v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. RTJ-02-1724 June 12, 2003 - RODOLFO O. MACACHOR v. ROLINDO D. BELDIA JR.

  • G.R. No. 138541 June 12, 2003 - PEOPLE OF THE PHIL. v. JOSE LARRY COLONIA

  • G.R. No. 148327 June 12, 2003 - PEOPLE OF THE PHIL. v. ROMEO P. DESALISA

  • A.M. No. P-03-1679 June 16, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. BEL EDUARDO F. NITAFAN, ET AL.

  • A.M. No. SCC-03-08 June 16, 2003 - ERMELYN A. LIMBONA v. CASAN ALI LIMBONA

  • G.R. No. 95901 June 16, 2003 - PEOPLE OF THE PHIL. v. ANTONIO B. SIBONGA, ET AL.

  • G.R. No. 138692 June 16, 2003 - PEOPLE OF THE PHIL. v. OSCAR AREO

  • G.R. Nos. 141280-81 June 16, 2003 - PEOPLE OF THE PHIL. v. RICKY L. SODSOD, ET AL.

  • G.R. No. 144589 June 16, 2003 - PEOPLE OF THE PHIL. v. JUANITO PACUANCUAN

  • G.R. No. 149683 June 16, 2003 - ILOILO TRADERS FINANCE INC. v. HEIRS OF OSCAR SORIANO JR., ET AL.

  • G.R. No. 149750 June 16, 2003 - AURORA ALCANTARA-DAUS v. SPS. HERMOSO & SOCORRO DE LEON

  • A.M. No. MTJ-96-1106 June 17, 2003 - CELESTINA B. CORPUZ v. ORLANDO ANA F. SIAPNO

  • A.M. No. RTJ-02-1710 June 17, 2003 - EVANGELINA C. SAMSON v. JULES A. MEDIA

  • A.M. No. RTJ-03-1784 June 17, 2003 - MANUEL M. ROSALES v. ROMULO S.G. VILLANUEVA

  • G.R. No. 123146 June 17, 2003 - PEOPLE OF THE PHIL. v. ALONA BULI-E, ET AL.

  • G.R. No. 128225 June 17, 2003 - PEOPLE OF THE PHIL. v. DANTE A. NARRA

  • G.R. No. 137042 June 17, 2003 - PEOPLE OF THE PHIL. v. FELIPE MUSA, ET AL.

  • G.R. No. 144225 June 17, 2003 - SPS. GODOFREDO and CARMEN ALFREDO v. SPS. ARMANDO and ADELIA BORRAS

  • G.R. No. 145993 June 17, 2003 - PEOPLE OF THE PHIL. v. RUFINO I. MALLARI

  • G.R. No. 148668 June 17, 2003 - PEOPLE OF THE PHIL. v. TONY L. PEDRONAN

  • G.R. No. 151440 June 17, 2003 - HEIRS OF SIMPLICIO SANTIAGO v. HEIRS OF MARIANO E. SANTIAGO

  • A.M. No. MTJ-03-1493 June 18, 2003 - RENE BOY GOMEZ v. MANUEL D. PATALINGHUG, ET AL.

  • G.R. No. 123161 June 18, 2003 - PEOPLE OF THE PHIL. v. LIBERATO SOLAMILLO, ET AL.

  • G.R. No. 125305 June 18, 2003 - PEOPLE OF THE PHIL. v. BERNABE MONTEMAYOR

  • G.R. Nos. 127756-58 June 18, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN P. MEDINA SR.

  • G.R. Nos. 131926 & 138991 June 18, 2003 - PEOPLE OF THE PHIL. v. MICHAEL U. PAGALASAN, ET AL.

  • G.R. No. 134981 June 18, 2003 - FREDELITO P. VITTO v. COURT OF APPEALS, ET AL.

  • G.R. No. 135857 June 18, 2003 - PEOPLE OF THE PHIL. v. ADRIANO ARCA

  • G.R. Nos. 140439-40 June 18, 2003 - PEOPLE OF THE PHIL. v. FELIX HERMOSA

  • G.R. No. 144975 June 18, 2003 - PEOPLE OF THE PHIL. v. AMADOR SAPIGAO, ET AL.

  • G.R. No. 149147 June 18, 2003 - FELIX BAROT v. COMELEC CITY BOARD OF CANVASSERS OF TANJAY CITY, ET AL.

  • G.R. No. 150327 June 18, 2003 - REPUBLIC OF THE PHIL. v. MARILYN A. PERALTA, ET AL.

  • A.M. No. 01-6-314-RTC June 19, 2003 - RE: REQUEST OF JUDGE ROBERTO S. JAVELLANA, RTC-BR. 59, SAN CARLOS CITY

  • A.M. No. MTJ-92-710 June 19, 2003 - PEDRITA M. HARAYO v. JUDGE MAMERTO Y. COLIFLORES

  • G.R. No. 154411 June 19, 2003 - NATIONAL HOUSING AUTHORITY v. HEIRS OF ISIDRO GUIVELONDO, ET AL.

  • A.M. No. P-03-1701 June 20, 2003 - BALTAZAR LL. FIRMALO v. MELINDA C. QUIERREZ

  • A.M. No. RTJ-00-1594 June 20, 2003 - PASTOR SALUD v. FLORENTINO M. ALUMBRES

  • G.R. No. 122766 June 20, 2003 - PEOPLE OF THE PHIL. v. FELIPE ESPONILLA, ET AL.

  • G.R. No. 127275 June 20, 2003 - PHILIPPINE COMMERCIAL INTERNATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 130759 June 20, 2003 - ASIATRUST DEVELOPMENT BANK v. CONCEPTS TRADING CORP.

  • G.R. No. 139332 June 20, 2003 - PEOPLE OF THE PHIL v. NOLI A. NOVIO

  • G.R. No. 140698 June 20, 2003 - ROGELIO ENGADA v. COURT OF APPEALS, ET AL.

  • G.R. No. 142503 June 20, 2003 - ROMUALDO C. PEREZ v. APOLONIO CRUZ

  • G.R. No. 142820 June 20, 2003 - WOLFGANG O. ROEHR v. MARIA CARMEN D. RODRIGUEZ, ET AL.

  • G.R. No. 143604 June 20, 2003 - PRISCO LANZADERAS, ET AL. v. AMETHYST SECURITY AND GENERAL SERVICES, ET AL.

  • G.R. No. 146595 June 20, 2003 - CARLO A. TAN v. KAAKBAY FINANCE CORP., ET AL.

  • G.R. No. 152436 June 20, 2003 - NPC v. SPS. IGMEDIO CHIONG, ET AL.

  • G.R. No. 152766 June 20, 2003 - LILIA SANCHEZ v. COURT OF APPEALS

  • G.R. No. 140872 June 23, 2003 - PEOPLE OF THE PHIL. v. PABLITO T. INGGO

  • G.R. Nos. 142683-84 June 23, 2003 - PEOPLE OF THE PHIL. v. SERGIO JOROLAN

  • G.R. Nos. 143760-63 June 23, 2003 - PEOPLE OF THE PHIL. v. ROMEO B. MANLUCTAO

  • G.R. No. 144018 June 23, 2003 - FAR EAST BANK AND TRUST CO. v. TOMAS TOH, SR., ET AL.

  • A.C. No. 3849 June 25, 2003 - FELICIDAD VDA. DE BERNARDO v. JOSE R. RESTAURO

  • G.R. Nos. 105416-17, 111863 & 143715 June 25, 2003 - PHILIPP BROTHERS OCEANIC, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122109 June 25, 2003 - PEOPLE OF THE PHIL. v. JESUS TORIO

  • G.R. No. 123896 June 25, 2003 - ROSALINDA SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 126113 June 25, 2003 - PEOPLE OF THE PHIL. v. ANTONIO B. GUIHAMA

  • G.R. No. 135323 June 25, 2003 - PEOPLE OF THE PHIL. v. EDELMA LAGATA

  • G.R. No. 136773 June 25, 2003 - MILAGROS MANONGSONG v. FELOMENA JUMAQUIO ESTIMO, ET AL.

  • G.R. No. 146018 June 25, 2003 - EDGAR COKALIONG SHIPPING LINES v. UCPB GENERAL INSURANCE COMPANY

  • G.R. Nos. 147589 & 147613 June 25, 2003 - ANG BAGONG BAYANI-OFW LABOR PARTY v. COMELEC, ET AL.

  • A.M. No. P-01-1472 June 26, 2003 - ADRIANO V. ALBIOR v. DONATO A. AUGUIS

  • A.M. No. P-02-1544 June 26, 2003 - ERNESTO LUMANTA v. WILFREDO M. TUPAS

  • A.M. No. RTJ-02-1670 June 26, 2003 - SPS. CAROLINA AND VILLAMOR GRAGERA v. PABLO B. FRANCISCO

  • A.M. No. RTJ-02-1736 June 26, 2003 - SPS. ARTURO and JOSEFINA DE GUZMAN v. FERNANDO VIL PAMINTUAN

  • A.M. No. RTJ-99-1519 June 26, 2003 - GREGORIO LIMPOT LUMAPAS v. CAMILO E. TAMIN

  • G.R. No. 137296 June 26, 2003 - PEOPLE OF THE PHIL. v. DIONISIO Q. VICENTE

  • G.R. No. 140967 June 26, 2003 - EMERITA ACOSTA v. EMILIO ENRIQUEZ

  • G.R. No. 141863 June 26, 2003 - BASILIO RIVERA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144090 June 26, 2003 - PEOPLE OF THE PHIL. v. MICHAEL S. MAGUING

  • G.R. No. 145305 June 26, 2003 - PEOPLE OF THE PHIL. v. REDANTE C. SANTOS

  • G.R. No. 145731 June 26, 2003 - PEOPLE OF THE PHIL. v. GREGORIO GERAL, ET AL.

  • G.R. No. 148730 June 26, 2003 - PEOPLE OF THE PHIL. v. JOSE D. DELA CRUZ, ET AL.

  • G.R. No. 154705 June 26, 2003 - REPUBLIC OF INDONESIA, ET AL. v. JAMES VINZON

  • G.R. No. 121828 June 27, 2003 - PEOPLE OF THE PHIL. v. RENE GAYOT PILOLA

  • G.R. Nos. 124830-31 June 27, 2003 - PEOPLE OF THE PHIL. v. GERARDO P. EVINA

  • G.R. No. 138993 June 27, 2003 - PHILIPPINE VETERANS BANK v. SANTIAGO G. ESTRELLA, ET AL.

  • G.R. Nos. 139217–24 June 27, 2003 - PEOPLE OF THE PHIL. v. NELSON ESPERANZA

  • G.R. No. 143643 June 27, 2003 - NATIONAL POWER CORPORATION v. SPS. JOSE & MA. CLARA CAMPOS

  •  





     
     

    G.R. No. 149147   June 18, 2003 - FELIX BAROT v. COMELEC CITY BOARD OF CANVASSERS OF TANJAY CITY, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 149147. June 18, 2003.]

    FELIX BAROT, Petitioner, v. COMMISSION ON ELECTIONS, CITY BOARD OF CANVASSERS OF TANJAY CITY and ROLANDO TABALOC, Respondents.

    D E C I S I O N


    CARPIO MORALES, J.:


    Before this Court is a petition for certiorari and prohibition with prayer for temporary restraining order under Rule 64 of the 1997 Rules of Civil Procedure seeking to set aside the August 3, 2001 En Banc Resolution of the Commission on Elections (COMELEC) in SPC No. 01-195.chanrob1es virtua1 1aw 1ibrary

    Felix Barot (petitioner) and Rolando Tabaloc (private respondent) were candidates for councilor of Tanjay City, Negros Oriental in the May 14, 2001 elections. 1

    On May 17, 2001, the Board of Canvassers (BOC) of Tanjay City proclaimed the winning candidates for mayor, vice-mayor, and ten councilors including petitioner who was proclaimed the 10th. 2

    On May 29, 2001, BOC Chair Erlinda H. Nochefranca sent a Memorandum 3 to the COMELEC En Banc requesting for authority to correct the erroneous entries in the Certificate of Canvass of Votes and Proclamation of the Winning Candidates, 4 and to proclaim private respondent in place of petitioner. In said Memorandum, Nochefranca alleged that the erroneous entries were made due to oversight as a result of which votes for some candidates for mayor down to the city councilors were increased and petitioner was inadvertently proclaimed as the 10th winning member of the Sangguniang Panlungsod when it should have been private respondent who actually received more votes than petitioner.

    Attached to the Memorandum was a Sworn Statement 5 executed by Assistant City Treasurer Virginia C. Reyes who was the tabulator of the BOC wherein she alleged that in the course of transferring the entries from the Statement of Votes to the Summary of Votes, she erred "by copying the grand totals instead of the subtotals per page," thus overstating several entries appearing in the Summary of Votes.

    The COMELEC, which docketed the Memorandum of Nochefranca as SPC No. 01-195 (the petition), set it for hearing on June 13, 25 and 27, 2001 during which the members of the BOC presented evidence. No appearance was made by or for petitioner. The COMELEC thereafter required the candidates to file their respective comments to the petition. 6

    Petitioner subsequently filed an opposition 7 to the petition on the following grounds:chanrob1es virtual 1aw library

    1. This Honorable Commission has no jurisdiction to rule on this Petition because it was filed outside the mandatory periods for filing petitions of this nature and that there is no proof that proper filing and docketing fees have been paid.

    2. The petitioner is not a proper party in filing this petition. The filing of this petition does not speak well of what the COMELEC stands for which is an impartial body and does not side any candidate or party.

    3. The correction of manifest errors is proper only before proclamation of a winning candidate[;] after proclamation[,] the proper action is an election protest. 8

    By the assailed Resolution of August 3, 2001, 9 the COMELEC En Banc granted the petition and disposed as follows:chanrob1es virtual 1aw library

    WHEREFORE, the premises considered, this Commission RESOLVED, as it hereby RESOLVES, to GRANT the instant petition requesting for authority to correct erroneous entries in the certificate of canvass of votes and proclamation of winning candidates for city offices in the City of Tanjay, Negros Oriental. The proclamation of herein respondent FELIX BAROT as the tenth (10th) winning candidate for the position of Member of Sangguniang Panlungsod of Tanjay City is hereby ordered SUSPENDED and/or if one has already been made, the same is hereby ordered ANNULLED.

    ACCORDINGLY, the City Board of Canvassers of Tanjay City is hereby directed to RECONVENE and effect the necessary corrections in the Certificates of Canvass and Proclamation of Winning Candidates in the City of Tanjay and on the basis thereof PROCLAIM the winning candidates according to their ranks. (Emphasis supplied)

    Hence, the present petition upon the following grounds:chanrob1es virtual 1aw library

    1. The respondent COMELEC denied the petitioner his day in Court when it railroaded the hearing of the case in the Commission a quo. While it gave the petitioner the opportunity to be heard, the observance of due process was but a farce and diluted exercise.

    2. This COMELEC had no jurisdiction to rule on the Petition filed by the City Board of Canvassers of Tanjay City because it was filed outside the mandatory periods for filing petitions of this nature and that there is no proof that proper filing and docketing fees have been paid.

    3. The respondent City Board of Canvassers of Tanjay City is not a proper party in filing the original petition before the COMELEC. The filing of the petition [SPC-01-195] does not speak well of what the COMELEC stands for, which is an impartial body and does not side with any candidate or party.

    4. The correction of manifest errors is proper only before proclamation of a winning candidate[;] after proclamation[,] the proper action is an election contest.

    5. The private respondent Rolando Tabaloc has filed an Election Protest now docketed as EPC NO. 2001-51, this change of position of respondent Tabaloc should be construed as a tacit recognition of the due election of your petitioner Felix Barot. 10

    By Resolution of August 21, 2001, this Court granted a Temporary Restraining Order 11 enjoining the COMELEC and the BOC to cease and desist from implementing the assailed COMELEC Resolution of August 3, 2001.

    In the present petition, petitioner posits that as the dates of hearing of the petition scheduled by the COMELEC were "too successive in nature without taking into account that petitioner comes from the province," he was denied due process, and had he been given his day, he would have proven his detractors wrong. 12

    And petitioner maintains that the COMELEC has no jurisdiction over the petition as it was filed beyond the reglementary period. For, so petitioner contends, since the proclamation was made on May 17, 2001, the petition to correct manifest error should have been filed within 5 days thereafter or a petition to annul proclamation should have been filed within 10 days also thereafter, citing the case of Mentang v. Commission on Elections. 13

    In another vein, petitioner posits that even if there were manifest errors in the Certificate of Canvass of Votes, correction should have been done before proclamation, 14 he citing Section 34 of COMELEC Resolution No. 3848 which provides:chanrob1es virtual 1aw library

    SECTION 34. Manifest Error. — (a) Where it is clearly shown before proclamation that manifest errors were committed in the tabulation or the tallying of election returns, or certificates of canvass, during the canvassing, the Board may motu propio, or upon verified petition by any candidate, political party, organization or coalition of political parties, after due notice and hearing, correct the errors committed.

    There is manifest error in the tabulation or tallying of the results during canvassing where:chanrob1es virtual 1aw library

    l. A copy of the Election Returns/Certificate of Canvass was tabulated more than once;

    2. Two or more copies of the Election Returns of one precinct, or two or more copies of Certificate of Canvass of one city or municipality were tabulated;

    3. There was a mistake in the copying of the figures from the Election Return/Certificate of Canvass into the Statement of Votes;

    4. Election Returns from non-existent precincts were included in the canvass for another district; or

    5. There was a mistake in the addition of the votes of any candidate.

    x       x       x (Emphasis and Italics supplied)

    Finally, petitioner posits that there is no proof that proper filing and docketing fees were paid, hence, the COMELEC did not acquire jurisdiction over the petition, and that Nochefranca is not among those who may file an action before the COMELEC, he citing Sections 2 and 3, Rule 5 of the COMELEC Rules of Procedure 15 which read:chanrob1es virtual 1aw library

    Section 2. Who may be parties. — Only natural or juridical persons or entities duly authorized by law, such as a voter, a candidate, or registered political parties, organization or coalition of political parties, including parties or organizations under the party list system, and any such person permitted by these Rules to bring an action or proceeding may be parties in any action or proceeding before the Commission.

    Section 3. Parties in Interest. — All actions filed with the Commission must be prosecuted and defended in the name of the real party in interest. (Italics in the original)

    The present petition is bereft of merit.

    As correctly argued by the COMELEC, while petitioner was unable to attend the scheduled hearings of the petition, he was given the opportunity to file his comment thereon and he in fact filed an opposition thereto. Petitioner was thus able to air his side of the case. 16

    Due process does not necessarily mean or require a hearing, but simply an opportunity or right to be heard. One may be heard, not solely by verbal presentation but also perhaps many times more creditably and predictable than oral argument, through pleadings.

    x       x       x


    The essence of due process is simply an opportunity to be heard or as applied to administrative proceedings, an opportunity to explain one’s side or an opportunity to seek reconsideration of the action or ruling complained of. A formal or trial type hearing is not at all times and in all instances essential. The requirements are satisfied when the parties are afforded fair and reasonable opportunity to explain their side of the controversy at hand. What is frowned upon is the absolute lack of notice or hearing. 17 (Emphasis supplied; Citations omitted)

    As to the claim that the petition was not filed within the reglementary period, it should be noted that the 5-day period to file a petition for correction may be done after proclamation as provided under paragraph (b), Section 5, Rule 27 of the COMELEC Rules:chanrob1es virtual 1aw library

    Section 5. Pre-proclamation Controversies Which May Be Filed Directly with the Commission. —

    x       x       x


    (b) If the petition involves the illegal composition or proceedings of the board under subparagraph (1) of paragraph (a) above, it must be filed immediately when the board begins to act as such, or at the time of the appointment of the member whose capacity to sit as such is objected to if it comes after the canvassing of the board, or immediately at the point where the proceedings are or begin to be illegal.

    If the petition is for correction, it must be filed not later than five (5) days following the date of proclamation and must implead all candidates who may be adversely affected thereby.

    x       x       x (Emphasis and Italics supplied)

    The petition may also be made before proclamation as provided in Section 34 of Resolution No. 3848 which furnishes instructions for the Municipal, City, District and Provincial Boards of Canvassers in connection with the May 14, 2001 national and local elections.

    At all events, Section 4, Rule 1 of the COMELEC Rules provides:chanrob1es virtual 1aw library

    Section 4. Suspension of the Rules. — In the interest of justice and in order to obtain speedy disposition of all the matters pending before the Commission, these rules or any portion thereof may be suspended by the Commission. (Italics in the original; Emphasis supplied)

    The COMELEC thus has the discretion to suspend its rules or any portion thereof in the interest of justice such that even if the petition was filed 12 days after the proclamation, the COMELEC may, in the interest of justice, disregard the reglementary periods provided by the rules and resolve the matter filed before it.

    As to the allegation of lack of proof of proper payment of filing and docketing fees, the COMELEC Rules of Procedure provides:chanrob1es virtual 1aw library

    Rule 40 — Fees and Charges

    x       x       x


    Section 8. Where fees are to be paid. — The fees herein before provided shall be paid by the party concerned to the Cash Division, Administrative Services Department of the Commission, at the time of request or demand. If the fees are not paid, the Commission may refuse to take action thereon until they are paid. (Emphasis and Italics supplied)

    From the immediately-quoted COMELEC Rule, even assuming arguendo that the required fees were not paid, the COMELEC has the discretion to take action or not in a case. But even if it was not afforded such discretion, as discussed above, it can suspend its rules or any portion thereof in the interest of justice.

    On the claim that the petition was not filed by the proper party, the same does not lie. For under the earlier-quoted Section 34 of Resolution No. 3848, the BOC may even motu propio, after due notice and hearing, correct errors committed in the tabulation. What should prevent it from itself filing the petition for correction before the COMELEC?

    WHEREFORE, the petition is hereby DISMISSED for lack of merit. The Temporary Restraining Order issued on August 21, 2001 is hereby LIFTED. The COMELEC and the City Board of Canvassers of Tanjay City are hereby DIRECTED to implement COMELEC En Banc Resolution dated August 3, 2001 issued in SPC No. 01-195.chanrob1es virtua1 1aw 1ibrary

    Costs against petitioner.

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Callejo, Sr. and Azcuna, JJ., concur.

    Endnotes:



    1. Rollo at 4–5.

    2. Id. at 21.

    3. Id. at 22–23.

    4. Ibid.

    5. COMELEC Records at 5–7.

    6. Rollo at 117.

    7. COMELEC Records at 76–83.

    8. Id. at 77.

    9 Id. at 124–135.

    10 Rollo at 7–8.

    11 Id. at 81–82.

    12 Id. at 8.

    13 229 SCRA 666 (1994).

    14. Rollo at 9–11.

    15. Id. at 11–12.

    16. Id. at 120.

    17. Trinidad v. COMELEC, 315 SCRA 175 (1999) citing Paat v. Court of Appeals, 266 SCRA 167(1997).

    G.R. No. 149147   June 18, 2003 - FELIX BAROT v. COMELEC CITY BOARD OF CANVASSERS OF TANJAY CITY, ET AL.


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