Philippine Supreme Court Resolutions


Philippine Supreme Court Resolutions > Year 2012 > March 2012 Resolutions > [G.R. No. 191684 : March 20, 2012] ANG KAPATIRAN PARTY v. THE COMMISSION ON ELECTIONS :




EN BANC

[G.R. No. 191684 : March 20, 2012]

ANG KAPATIRAN PARTY v. THE COMMISSION ON ELECTIONS

Sirs/Mesdames:

Please take notice that the Court en banc issued a Resolution dated MARCH 20, 2012, which reads as follows:  cralaw

"G.R. No. 191684 (Ang Kapatiran Party v. The Commission on Elections)

RESOLUTION 

For resolution is the petition for certiorari and mandamus filed by petitioner Ang Kapatiran Party seeking to compel respondent Commission on Elections (COMELEC) to enforce Sections 16 and 17 of COMELEC Resolution No. 8758 dated February 4, 2010 or the rules and regulations implementing the Fair Elections Practices Act. The pertinent sections relate to the mandate given to the COMELEC to procure: (a) print space from national newspapers of general circulation; and (b) air time from national television and radio networks, to enable electoral candidates to announce their candidacies and also for the purpose of public information dissemination on election-related concerns.

Petitioner, a duly registered national political party, fielded nine national candidates during the May 2010 elections. In a letter dated March 16, 2010,[1]  reiterated in another letter dated March 23, 2010,[2] it informed COMELEC of its intention to avail of the free print space and television and radio air time for its candidates under the aforementioned rules.

The COMELEC noted the subject request in its Special En Banc Session held on March 22, 2010[3] while approving, on even date, the procurement of print space and publication of the list of national candidates as recommended in the Memorandum of its Education and Information Department dated March 15, 2010.[4]

On March 30, 2010, petitioner sought clarification of COMELEC's action noting its request.[5] But pending reply, it withdrew its letter and instead, filed on April 13, 2010 the instant petition for certiorari and mandamus alleging that the COMELEC unlawfully neglected the performance of its mandated duty. It prayed that a writ of mandamus be issued to compel COMELEC to implement Sections 16 and 17 of COMELEC Resolution No. 8758.

In response, respondent COMELEC averred that petitioner's direct recourse before the Court violated the principle of hierarchy of courts[6] and that the issue herein raised had become moot and academic with the termination of the campaign period and the conduct of the 2010 national and local elections.[7]

The Court resolves to DISMISS the instant petition.

The procurement and allocation of free print space and air time to qualified candidates is ministerial on the part of COMELEC as mandated under COMELEC Resolution No. 8758, hence, its implementation may be secured by the extraordinary writ of mandamus.[8]

Records, however, show that even prior to the filing of petitioner's March 16, 2010 letter seeking its implementation, the COMELEC's Education and Information Department had already taken steps to comply with the requirements of Resolution No. 8758 per its Memorandum dated March 15, 2010.[9] In fact, COMELEC in its March 22, 2010 Special En Banc Session approved the procurement of print space and the publication of the list of national candidates in three national newspapers of general circulation[10] and thus, resolved to merely note petitioner's subject request. Thereafter, the "OFFICIAL LIST OF CANDIDATES FOR NATIONAL POSITIONS AND ACCREDITED PARTYLIST GROUPS ON MA Y 10, 2010 NATIONAL AND LOCAL ELECTIONS USING THE AUTOMATED ELECTION SYSTEM" was published in the April 12, 2010 issue of the "Business Mirror" and again, in the May 7, 2010 issues of the "Philippine Daily Inquirer" and "The Philippine Star."[11] 

In fine, there was substantial compliance with the requirements of Resolution No. 8758 rendering the acts sought to be performed fait accompli. Consequently, petitioner's prayer for the issuance of the extraordinary writ of mandamus must necessarily fail.[12] Besides, the conduct of the May 10, 2010 national and local elections rendered the instant case moot and academic.cralaw

ACCORDINGLY, the instant petition is hereby DISMISSED for lack of merit and for having become moot and academic."

Del Castillo, J., on leave.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court

 

Endnotes:


[1] Rollo, pp. 33-37.

[2] Id., p. 38. 

[3] Id., pp. 40-41. 

[4] Id., pp. 148-149. 

[5] Id., pp. 42-43. 

[6] Id., pp. 63-68. 

[7] Id., pp. 68-72. 

[8] Froilan Dejuras v. Hon. Rene C. Villa, etc., et al., G.R. No. 173428, November 22, 2010, 635 SCRA 569, 578. 

[9] Rollo, p. 145. 

[10] See note 4, supra

[11] Rollo, pp. 131, 132, 152, 152-A and 152-B. 

[12] Dejuras v. Villa, supra note 8, pp. 579-580.




Back to Home | Back to Main


chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






March-2012 Jurisprudence                 

  • [G.R. No. 192822 : January 16, 2012] PEOPLE OE THE PHILIPPINES v. RODOLFO MONTEMAYOR Y TAMAYO

  • [G.R. No. 199796 : March 05, 2012] ROMEO M. SARMIENTO v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 187571 : March 05, 2012] FILIPINO ACADEMY OF MOVIE ARTS AND SCIENCES, INC., REPRESENTED BY JUMMY A. TIU V. ART M. PADUA, ANGEL CALSO, UP THEATER, REPRESENTED BY ITS BUSINESS MANAGER VONN PERDON GOLFO, AND ABC TV-5, REPRESENTED BY ITS MANAGING DIRECTOR ROBERTO BARRIERO AND DIRECTOR OF PROGRAM ACQUISITION VICTORINO VIANZON

  • [A.M. No. P-11-2906 (Formerly OCA-I.P.I. No. 10-3440-P) : March 05, 2012] LEAVE DIVISION, OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF THE COURT ADMINISTRATOR v. CESAR V. ACANCE, RECORDS OFFICER I, METROPOLITAN TRIAL COURT-OFFICE OF THE CLERK OF COURT, QUEZON CITY

  • [G.R. No. 200210 : March 05, 2012] BENJAMIN DE VILLA Y CANTERO v. PEOPLE OF THE PHILIPPINES.

  • [A.C. No. 4500 : March 06, 2012] BAN HUA U. FLORES v. ATTY. ENRIQUE S. CHUA

  • [UDK No. 14623 : March 07, 2012] SCAD SERVICES PTE. LTD. v. THE COURT OF APPEALS, FORMER 14TH DIVISION, JORGE YANSON, EDDIE GOLDE, EDGAR NOCHE, ET AL.

  • [March 06, 2012] RE: HOLY WEEK RECESS

  • [G.R. No. 177292 : March 07, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE v. JESSIE GARBIDA Y FOSTER, ACCUSED-APPELLANT.

  • [A.M. No. 12-2-11-MCTC : March 07, 2012] UNAUTHORIZED EXTENSION OF TRAVEL ABROAD BY MIGUELITA D. VILLA, CLERK OF COURT II, MUNICIPAL CIRCUIT TRIAL COURT (MCTC), KIBAWE, BUKIDNON

  • [G.R. No. 176126 : March 07, 2012] OSMUND DECANO v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 192259 : March 07, 2012] PEOPLE OF THE PHILIPPINES, APPELLEE, VERSUS ROSALINDA SUMAYA Y MABALON, APPELLANT.

  • [G.R. No. 187792 : March 07, 2012] REPUBLIC OF THE PHILIPPINES v. CONRADA AREVALO

  • [G.R.No. 182210 : March 07, 2012] PAZ BERNARDO v. PEOPLE OF THE PHILIPPINES.

  • [G.R. No. 200227 : March 12, 2012] LORENZO HIDALGO v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 200353 : March 12, 2012] SOUTHERN CARRIER CO., INC. v. CARLITO MA�ACAP

  • [G.R. No. 184315 : March 12, 2012] ALFONSO T. YUCHENGCO v. THE MANILA CHRONICLE PUBLISHING CORPORATION, ET AL.

  • [A.M. No. RTJ-11-2303 (Formerly A.M. OCA IPI No. 10-3416-RTJ) : March 12, 2012] MARIO S. ROMERO, COMPLAINANT VS. MANUEL C. LUNA, JR. EXECUTIVE JUDGE, REGIONAL TRIAL COURT, BR. 39, CALAPAN CITY, ORIENTAL MINDORO,

  • [A.M. No. 11-1-09-RTC : March 13, 2012] RE: REQUEST FOR THE CREATION OF ADDITIONAL DRUGS COURTS IN THE RTC, DUMAGUETE CITY

  • [G.R. No. 181779 : March 13, 2012] ANDREW L. ONG v. COMMISSION ON ELECTIONS, AND TEODORO DELA TORRE VILLAGRACIA, SR.

  • [G.R. No. 192070 : March 13, 2012] EDDIE "AMONG ED" T. PANLILIO v. COMMISSION ON ELECTIONS AND LILIA G. PINEDA.

  • [G.R. No. 176323 : March 14, 2012] LENY B. DIAZ AND SPOUSES ANTONIO B. ESCALONA AND LEONORA ESCALONA VS. CHERRIE PINEZA AND KOJI HAMAMURA

  • [G.R. No. 189875 : March 14, 2012] NATIONAL TELECOMMUNICATIONS COMMISSION v. TRANS DIGITAL EXCEL, INC.

  • [G.R. No. 199914 : March 14, 2012] MEL MIKE GAMIN Y TARI v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 181957 : March 14, 2012] RENATO P. MENDOZA, NEGOTIATING UNDER THE NAME AND STYLE OF LADY LOU GENERAL MERCHANDISE V. S.C. JOHNSON & SON, INC.

  • [G.R. No. 198315 : March 19, 2012] PEOPLE OF THE PHILIPPINES v. RANNIE GULAPA Y ORDINARIO

  • [A.M. No. 14219-Ret. : March 20, 2012] RE: SURVIVORSHIP PENSION BENEFITS UNDER REPUBLIC ACT NO. 9946 OF JUDGE ULPIANO I. CAMPOS, RTC, BRANCH 22, NARVACAN, ILOCOS SUR; JUDGE CONRADO B. VENUS, RTC, BRANCH 22, NARVACAN, ILOCOS SUR; JUDGE ALBERTO V. BENESA, RTC, BRANCH 58, BUCAY, ABRA; JUDGE NORMELITO J. BALLOCANAG, RTC, BRANCH 41, PINAMALAYAN, ORIENTAL MINDORO, JUDGE FILOMENO A. VERGARA, RTC, BRANCH 2, PUERTO PRINCESA CITY; JUDGE EUFEMIO R. JOLINA, MTCC, SAN FERNANDO CITY, LA UNION; JUDGE JOSE V. HABALO, MTCC, LUCENA CITY; JUDGE NORBERTO GREGORIO E. TIZON, JR., MTC, SAN ISIDRO, NORTHERN SAMAR; JUDGE GREGORIO S. VIOS, MTC, KAPATAGAN, LANAO DEL NORTE; AND JUDGE PACIANO B. GALLEPOSO, MCTC, SINDANGAN, ZAMBOANGA DEL NORTE

  • [A.M. No. 14218-Ret., March 20, 2012] RE: SURVIVORSHIP PENSION BENEFITS UNDER REPUBLIC ACT NO. 9946 OF JUDGE SALVADOR P. DE GUZMAN, RTC, BRANCH 142, MAKATI CITY AND JUDGE ANTONIO C. BAGAG�AN, MTC, GUINOBATAN, ALBAY

  • [G.R. Nos. 153304-05 : March 20, 2012] PEOPLE OF THE PHILIPPINES, PETITIONER v. SANDIGANBAYAN, ET AL. RESPONDENTS.

  • [G.R. No. 171850 : March 21, 2012] EDGARDO BAUTISTA v. ROSITA DEPONIO

  • [A.M. No. 14210-Ret. : March 13, 2012] RE: APPLICATION FOR SURVIVORSHIP PENSION BENEFITS OF MRS. VIRGINIA P. ELBINIAS, SURVIVING SPOUSE OF THE LATE HON. JESUS M. ELBINIAS, FORMER PRESIDING JUSTICE OF THE COURT OF APPEALS

  • [G.R. No. 160669 : March 14, 2012] SPOUSES WILFREDO SANTOS AND LUZVIMINDA SANTOS v. SPOUSES ALFREDO NEPOMUCENO AND ESTER DELA PAZ NEPOMUCENO, AND HON. MAURICIO M. RIVERA, IN HIS CAPACITY AS RTC JUDGE, 4TH JUDICIAL REGION, BRANCH 73, ANTIPOLO CITY.

  • [G.R. No. 176063 : March 14, 2012] PEOPLE OF THE PHILIPPINES v. RENATO MIA Y IFSOR

  • [G.R. No. 181969 : March 19, 2012] ROMAGO, INC. v. SIEMENS BUILDING TECHNOLOGIES, INC.

  • [G.R. No. 191684 : March 20, 2012] ANG KAPATIRAN PARTY v. THE COMMISSION ON ELECTIONS

  • [G.R. No. 199196 : March 20, 2012] NELLY RAMOS v. ANACLETO BALDO

  • [A.M. No. 14216-Ret. : March 20, 2012] RE: SURVIVORSHIP PENSION BENEFITS UNDER REPUBLIC ACT NO. 9946 OF JUDGE RENE R. VICTORIANO, RTC, BRANCH 124, CALOOCAN CITY; JUDGE ADRIAN N. PAGALILAUAN, RTC, BRANCH 12, SANCHEZ MIRA, CAGAYAN; JUDGE IRENEO B. ESCANDOR, RTC, BRANCH 55, IROSIN, SORSOGON; JUDGE CANDIDO C. AGUINALDO, RTC, BRANCH 9, CEBU CITY; JUDGE EPIFANIO C. LLANOS, RTC, BRANCH 26, ARGAO, CEBU; JUDGE HILARIO I. MAPAYO, RTC, BRANCH 19, DIGOS CITY; JUDGE COROCOY D. MOSON, SHARI'A DISTRICT COURT, COTABATO CITY; JUDGE MARIANO P. FUENTEBELLA, MTCC, IRIGA CITY; JUDGE JAIME F. VILORIA, MCTC, NARVACAN, ILOCOS SUR; JUDGE ELPIDIO N. QUIÑON, MCTC, POTOTAN-MINA, ILOILO; AND JUDGE CIRIACO C. ARIÑO, MCTC, SAN FRANCISCO, AGUSAN DEL SUR

  • [G.R. No. 193387 : March 21, 2012] THE PEOPLE OF THE PHILIPPINES, APPELLEE, VERSUS FLORO TECZON, NUMERIANO TABUYAN (DECEASED), AND JOSE ENOVESO, APPELLANTS.

  • [G.R. No. 174682 : March 21, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE v. ELMER A. BUCA AND WILLIAM B. CAINCAY, ACCUSED-APPELLANTS.

  • [G.R. No. 175052 : March 21, 2012] DEPARTMENT OF AGRARIAN REFORM REPRESENTED BY OIC SECRETARY NASSER C. PANGANDAMAN v. MANUEL DEL ROSARIO.

  • [G.R. No. 184649 : March 21, 2012] CESAR P. FIANZA, PETITIONER VS. PEOPLE OF THE PHILIPPINES AND COURT OF APPEALS, RESPONDENTS.

  • [G.R. No. 199430 : March 21, 2012] MEINRADO ENRIQUE A. BELLO v. PEOPLE OF THE PHILIPPINES.

  • [G.R. No. 186464 : March 21, 2012] PEOPLE OF THE PHILIPPINES v. PANNER "TOTS" IDAL Y SAMPORNA A.K.A. PANOTOLAN DAUNTE Y SAMPORNA

  • [G.R. No. 171850 : March 21, 2012] EDGARDO BAUTISTA v. ROSITA DEPONIO

  • [G.R. No. 176579 : April 10, 2012] WILSON P. GAMBOA, PETITIONER, VS. FINANCE SECRETARY MARGARITO B. TEVES, ET AL. RESPONDENTS.