SANDOVAL vs. COMELEC Case Digest

FEDERICO S. SANDOVAL vs. COMMISSION ON ELECTIONS

[G.R. No.133842. January 26, 2000] 

FACTS: Petitioner and private respondent herein were candidates for the congressional seat for the Malabon-Navotas legislative district during the elections held on May 11, 1998. After canvassing the municipal certificates of canvass, the district board of canvassers proclaimed petitioner the duly elected congressman. The petitioner took his oath of office on the same day. Private respondent filed with the Comelec a petition, which sought the annulment of petitioner's proclamation. He alleged that there was a verbal order from the Comelec Chairman to suspend the canvass and proclamation of the winning candidate, but the district board of canvassers proceeded with the canvass and proclamation despite the said verbal order. He also alleged that there was non-inclusion of 19 election returns in the canvass, which would result in an incomplete canvass of the election returns. The Comelec en banc issued an order setting aside the proclamation of petitioner and ruled the proclamation as void. Hence, this petition for certiorari seeking the annulment and reversal of the Comelec order. 

ISSUES: 

1. whether the COMELEC has the power to take cognizance of SPC No. 98-143 and SPC No. 98- 206 

SPC No. 98-143 an "Urgent Appeal from the Decision of the Legislative District Board of Canvassers for Malabon and Navotas with Prayer for the Nullification of the Proclamation of Federico S. Sandoval as Congressman." 

SPC No. 98-206. The petition sought the annulment of petitioner's proclamation as congressman. 

2. whether the COMELEC's order to set aside petitioner's proclamation was valid. 

RULING: On the first issue, we uphold the jurisdiction of the COMELEC over the petitions filed by private respondent. The COMELEC has exclusive jurisdiction over all pre-proclamation controversies. As an exception, however, to the general rule, Section 15 of Republic Act (RA) 7166 prohibits candidates in the presidential, vice-presidential, senatorial and congressional elections from filing pre-proclamation cases. It states: "Sec. 15. Pre-proclamation cases Not Allowed in Elections for President, Vice-President, Senator, and Members of the House of Representatives. — For purposes of the elections for President, Vice-President, Senator and Member of the House of Representatives, no pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of election returns or the certificates of canvass, as the case may be. However, this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election returns before it." The prohibition aims to avoid delay in the proclamation of the winner in the election, which delay might result in a vacuum in these sensitive posts. The law, nonetheless, provides an exception to the exception. The second sentence of Section 15 allows the filing of petitions for correction of manifest errors in the certificate of canvass or election returns even in elections for president, vice-president and members of the House of Representatives for the simple reason that the correction of manifest error will not prolong the process of canvassing nor delay the proclamation of the winner in the election. This rule is consistent with and complements the authority of the COMELEC under the Constitution to "enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall" and its power to "decide, except those involving the right to vote, all questions affecting elections." 

We now go to the second issue. Although the COMELEC is clothed with jurisdiction over the subject matter and issue of SPC No. 98-143 and SPC No. 98-206, we find the exercise of its jurisdiction tainted with illegality. We hold that its order to set aside the proclamation of petitioner is invalid for having been rendered without due process of law. Procedural due process demands prior notice and hearing. The facts show that COMELEC set aside the proclamation of petitioner without the benefit of prior notice and hearing and it rendered the questioned order based solely on private respondent's allegations. 

Public respondent submits that procedural due process need not be observed in this case because it was merely exercising its administrative power to review, revise and reverse the actions of the board of canvassers. 

We cannot accept public respondent's argument. 

Taking cognizance of private respondent's petitions for annulment of petitioner's proclamation, COMELEC was not merely performing an administrative function. The administrative powers of the COMELEC include the power to determine the number and location of polling places, appoint election officials and inspectors, conduct registration of voters, deputize law enforcement agencies and government instrumentalities to ensure free, orderly, honest, peaceful and credible elections, register political parties, organizations or coalitions, accredit citizens' arms of the Commission, prosecute election offenses, and recommend to the President the removal of or imposition of any other disciplinary action upon any officer or employee it has deputized for violation or disregard of its directive, order or decision. In addition, the Commission also has direct control and supervision over all personnel involved in the conduct of election. However, the resolution of the adverse claims of private respondent and petitioner as regards the existence of a manifest error in the questioned certificate of canvass requires the COMELEC to act as an arbiter. It behooves the Commission to hear both parties to determine the veracity of their allegations and to decide whether the alleged error is a manifest error. Hence, the resolution of this issue calls for the exercise by the COMELEC of its quasi-judicial power. It has been said that where a power rests in judgment or discretion, so that it is of judicial nature or character, but does not involve the exercise of functions of a judge, or is conferred upon an officer other than a judicial officer, it is deemed quasi-judicial. The COMELEC therefore, acting as quasi-judicial tribunal, cannot ignore the requirements of procedural due process in resolving the petitions filed by private respondent. 

The COMELEC order dated June 2, 1998 in SPC No. 98-143 and SPC No. 98-206 is ANNULLED.