September 2007 - Philippine Supreme Court Resolutions
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[G.R. Nos. 178435-37 : September 04, 2007] CELESTINO A. MARTINEZ III. V. COMMISSION ON ELECTIONS, 2<SUP>ND</SUP> DIVISION, 3<SUP>RD</SUP> SPECIAL BOARD OF CANVASSERS FOR THE MUNICIPALITY OF BOGO, CEBU, AND BENHUR SALIMBANGON :
[G.R. Nos. 178435-37 : September 04, 2007]
CELESTINO A. MARTINEZ III. V. COMMISSION ON ELECTIONS, 2<SUP>ND</SUP> DIVISION, 3<SUP>RD</SUP> SPECIAL BOARD OF CANVASSERS FOR THE MUNICIPALITY OF BOGO, CEBU, AND BENHUR SALIMBANGON
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated September 4, 2007
G.R. Nos. 178435-37 (Celestino A. Martinez III. v. Commission on Elections, 2nd Division, 3rd Special Board of Canvassers for the Municipality of Bogo, Cebu, and Benhur Salimbangon).
This is a petition for certiorari, prohibition and mandamus[1] with prayer for the issuance of a Temporary Restraining Order or a writ of preliminary injunction. The petition alleges that respondent Commission on Elections (COMELEC), Second Division, gravely abused its discretion in issuing the Resolution promulgated on July 3, 2007 which took cognizance of a pre-proclamation controversy involving the election of a member of the House of Representatives.
The antecedents are as follows:
Petitioner Celestino Martinez and private respondent Benhur L. Salimbangon were candidates for the position of Representative for the Fourth District, Province of Cebu in the May 14, 2007 elections.
On May 23, 2007, the Special (3rd) Board of Canvassers (BOC) deferred and set aside the canvassing of 15 contested election returns upon the objection of private respondent Salimbangon on the ground that they appeared to be spurious, tampered and fraudulent since the signatures and paper quality allegedly varied.
On May 25, 2007, the BOC convened and, thereafter, the BOC Chairperson announced that they had decided to bring all the contested election returns to Manila for examination.
Petitioner then filed before the COMELEC a Petition for Declaration of Illegality of the Proceedings of the Board of Canvassers of the Municipality of Bogo, Cebu against the Special (3rd) Board of Canvassers, and the petition was docketed as SPC 07-128.
On July 3, 2007, the COMELEC, Second Division, promulgated a Resolution, the dispositive portion of which reads:
On July 9, 2007, petitioner filed an Urgent Ex Parte Motion for Issuance of Temporary Restraining Order or Status Quo Ante Order. In a Resolution dated July 24, 2007, the Court denied the motion for lack of merit.
The basic issue is whether or not the Court should still proceed to resolve this petition.
The records show that petitioner did not file a motion for reconsideration of the Resolution of the COMELEC, Second Division, dated July 3, 2007 as provided under Rule 19 of the COMELEC Rules of Procedure before this petition was filed. Sec. 3[3], Article IX-C of the Constitution specifically provides that all "election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc." Sec. 13 (c), Rule 18 of the COMELEC Rules of Procedure states that "unless a motion for reconsideration is seasonably filed, a decision or resolution of a Division shall become final and executory after the lapse of five (5) days in Special actions and Special cases and after thirty (30) days in all other actions or proceedings, following its promulgation."
Petitioner's failure to follow the COMELEC Rules of Procedure warrants the dismissal of this petition.
Furthermore, under Sec. 17, Article VI of the Constitution, the Electoral Tribunal of the House of Representatives "shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members."
Aggabao v. Commission on Elections[4] held that once a winning candidate has been proclaimed, taken his oath, and assumed office as a Member of the House of Representatives, COMELEC's jurisdiction over election contests relating to his election, returns, and qualifications ends, and the House of Representatives Electoral Tribunal's (HRET) own jurisdiction begins.
Private respondent Salimbangon informed the Court in his Comment that he was proclaimed by the Provincial Board of Canvassers of Cebu Province as the duly elected Representative for the Fourth District of Cebu on July 9, 2007,[5] and that he took his oath of office[6] on the same day, and assumed office as a Member of the House of Representatives. In addition, petitioner filed an election protest before the HRET on July 18, 2007, docketed as HRET Case No. 07-035, and entitled Celestino A. Martinez III v. Benhur Salimbangon of the 4th District of Cebu.[7]
Since private respondent has already been proclaimed as the duly elected Representative for the Fourth District of Cebu, and has taken his oath and assumed office as a Member of the House of Representatives, it is the HRET that has jurisdiction to resolve the issues raised in this petition. Hence, this petition has become moot.
WHEREFORE, the petition is DISMISSED for being MOOT.
Quisumbing, J., on leave.
G.R. Nos. 178435-37 (Celestino A. Martinez III. v. Commission on Elections, 2nd Division, 3rd Special Board of Canvassers for the Municipality of Bogo, Cebu, and Benhur Salimbangon).
This is a petition for certiorari, prohibition and mandamus[1] with prayer for the issuance of a Temporary Restraining Order or a writ of preliminary injunction. The petition alleges that respondent Commission on Elections (COMELEC), Second Division, gravely abused its discretion in issuing the Resolution promulgated on July 3, 2007 which took cognizance of a pre-proclamation controversy involving the election of a member of the House of Representatives.
The antecedents are as follows:
Petitioner Celestino Martinez and private respondent Benhur L. Salimbangon were candidates for the position of Representative for the Fourth District, Province of Cebu in the May 14, 2007 elections.
On May 23, 2007, the Special (3rd) Board of Canvassers (BOC) deferred and set aside the canvassing of 15 contested election returns upon the objection of private respondent Salimbangon on the ground that they appeared to be spurious, tampered and fraudulent since the signatures and paper quality allegedly varied.
On May 25, 2007, the BOC convened and, thereafter, the BOC Chairperson announced that they had decided to bring all the contested election returns to Manila for examination.
Petitioner then filed before the COMELEC a Petition for Declaration of Illegality of the Proceedings of the Board of Canvassers of the Municipality of Bogo, Cebu against the Special (3rd) Board of Canvassers, and the petition was docketed as SPC 07-128.
On July 3, 2007, the COMELEC, Second Division, promulgated a Resolution, the dispositive portion of which reads:
WHEREFORE, the petition filed by Salimbangon under SPC 07-118 and 07-043, which consisted of seven (7) election returns on the ground of alleged illegal proceedings is denied for lack of merit.Petitioner thus filed this petition.
On the other hand, the fifteen (15) election returns subject of SPC 07-128, the canvassing of which were deferred pending technical examination thereof by the Commission, with authentic copies of these 15 election returns now submitted and considered let the entries therein as observed above be counted and the results duly reflected hereinafter.
Accordingly, the municipal board of canvassers should reconvene for the purpose of formally canvassing the authentic copies of the election returns. The canvassed returns of the authentic copies shall be added to the gross results of the canvassed election results prior to the deferment or suspension of the canvassing of the fifteen (15) election returns herein above described. The results of which will then be transmitted to the PBOC. The winning candidate shall be determined and confirmed by the provincial board of canvassers and the proclamation shall thereafter immediately ensue.
SO ORDERED.[2]
On July 9, 2007, petitioner filed an Urgent Ex Parte Motion for Issuance of Temporary Restraining Order or Status Quo Ante Order. In a Resolution dated July 24, 2007, the Court denied the motion for lack of merit.
The basic issue is whether or not the Court should still proceed to resolve this petition.
The records show that petitioner did not file a motion for reconsideration of the Resolution of the COMELEC, Second Division, dated July 3, 2007 as provided under Rule 19 of the COMELEC Rules of Procedure before this petition was filed. Sec. 3[3], Article IX-C of the Constitution specifically provides that all "election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc." Sec. 13 (c), Rule 18 of the COMELEC Rules of Procedure states that "unless a motion for reconsideration is seasonably filed, a decision or resolution of a Division shall become final and executory after the lapse of five (5) days in Special actions and Special cases and after thirty (30) days in all other actions or proceedings, following its promulgation."
Petitioner's failure to follow the COMELEC Rules of Procedure warrants the dismissal of this petition.
Furthermore, under Sec. 17, Article VI of the Constitution, the Electoral Tribunal of the House of Representatives "shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members."
Aggabao v. Commission on Elections[4] held that once a winning candidate has been proclaimed, taken his oath, and assumed office as a Member of the House of Representatives, COMELEC's jurisdiction over election contests relating to his election, returns, and qualifications ends, and the House of Representatives Electoral Tribunal's (HRET) own jurisdiction begins.
Private respondent Salimbangon informed the Court in his Comment that he was proclaimed by the Provincial Board of Canvassers of Cebu Province as the duly elected Representative for the Fourth District of Cebu on July 9, 2007,[5] and that he took his oath of office[6] on the same day, and assumed office as a Member of the House of Representatives. In addition, petitioner filed an election protest before the HRET on July 18, 2007, docketed as HRET Case No. 07-035, and entitled Celestino A. Martinez III v. Benhur Salimbangon of the 4th District of Cebu.[7]
Since private respondent has already been proclaimed as the duly elected Representative for the Fourth District of Cebu, and has taken his oath and assumed office as a Member of the House of Representatives, it is the HRET that has jurisdiction to resolve the issues raised in this petition. Hence, this petition has become moot.
WHEREFORE, the petition is DISMISSED for being MOOT.
Quisumbing, J., on leave.
Very truly yours:
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
Endnotes:
[1] Under Rule 65.
[2] Rollo, p. 49.
[3] Constitution, Article IX-C, 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.
[4] G.R. No. 163756, January 26, 2005, 499 SCRA 400, 404-405.
[5] Annex "C," Rollo, p. 252
[6] Annex "D," id. at 253.
[7] Annex "E," id. at 197.
