October 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 198283 : October 04, 2011]
RENATO M. FEDERICO V. COMMISSION ON ELECTIONS AND OSMUNDO M. MALIGAYA
"G.R. No. 198283 (Renato M. Federico v. Commission on Elections and Osmundo M. Maligaya).
RESOLUTION
After review of the records, the Court resolves to DISMISS the Petition for Certiorari and Prohibition with prayer for a writ of preliminary injunction or temporary restraining order for being premature because the motion for reconsideration is still pending before the COMELEC en banc, and there are no sufficient allegations to bring the case within the recognized exceptions.
This Court has no power to review via certiorari an interlocutory order or even a final resolution of a division of the COMELEC except when the issue involves "the principle of social justice or the protection of labor, or when the decision or resolution sought to be set aside is a nullity, or when the need for relief is extremely urgent and certiorari is the only adequate and speedy remedy available."[1] These circumstances, however, are neither alleged nor proven to exist in this case. Further, there is no body other than the COMELEC en banc which has the jurisdiction to resolve a motion for reconsideration.[2] "The filing of a motion for reconsideration with the COMELEC en banc of a decision or resolution of the division of the COMELEC should be viewed as part of one integrated process. Such motion for reconsideration before the COMELEC en banc is a constitutionally guaranteed remedial mechanism for parties aggrieved by a division decision or resolution."[3] Thus, petitioner cannot accept the jurisdiction of the COMELEC division and then question the jurisdiction of the COMELEC en banc to review a decision favorable to him.
The Court further resolves to NOTE the Manifestation with Submission dated September 12, 2011 filed by counsel for petitioner, submitting the verified Transcript of Stenographic Notes of the proceedings held by the Commission on Elections En Banc on August 25, 2011 in SPC No. 10-082."
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court
Endnotes:
[1] Cayetano v. Commission on Elections, G.R. No. 193846, April 12, 2011.[2] Article IX-C, Section 3 of the 1987 Constitution; Planas v. Commission on Elections, G.R. No. 167594, March 10, 2006, 484 SCRA 529.
[3] Justice Presbitero J. Velasco, Jr. in his concurring opinion in the case of Mendoza v. Commission on Elections, G.R. No. 192084, March 25, 2010, 616 SCRA 443, 486.