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30 (C) COMMISSION ON ELECTIONS Section 3

Petitioners challenged resolutions by the Commission on Elections (COMELEC) in several pre-proclamation cases classified as special cases. The issue was whether COMELEC, sitting en banc, could hear and decide these pre-proclamation controversies. The Supreme Court ruled no, stating that the Constitution provides that all election cases, including pre-proclamation controversies, must first be heard and decided by a COMELEC division, not by COMELEC en banc. The Constitution specifies that COMELEC may sit en banc or in divisions, and that all election cases, including pre-proclamation cases, shall be heard and decided in division.

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51 views3 pages

30 (C) COMMISSION ON ELECTIONS Section 3

Petitioners challenged resolutions by the Commission on Elections (COMELEC) in several pre-proclamation cases classified as special cases. The issue was whether COMELEC, sitting en banc, could hear and decide these pre-proclamation controversies. The Supreme Court ruled no, stating that the Constitution provides that all election cases, including pre-proclamation controversies, must first be heard and decided by a COMELEC division, not by COMELEC en banc. The Constitution specifies that COMELEC may sit en banc or in divisions, and that all election cases, including pre-proclamation cases, shall be heard and decided in division.

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Patatas Sayote
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© © All Rights Reserved
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(30) C.

COMMISSION ON ELECTIONS Section 3

SARMIENTO v. COMELEC

GR No. 105628 August 6 1992

FACTS
Petitioners impugned the challenged resolutions of the Commission
on Elections in pre-proclamation cases classified as special cases.

1) G.R. No. 105628 — SPC No. 92-266

2) G.R. No. 105725 — SPC No. 92-323

3) G.R. No. 105727 — SPC No. 92-288

4) G.R. No. 105730 — SPC No. 92-315

5) G.R. No. 105771 — SPC No. 92-271

6) G.R. No. 105778 — SPC No. 92-039

7) G.R. No. 105797 — SPC No. 92-153

8) G.R. No. 105919 — SPC No. 92-293

9) G.R. No. 105977 — SPC No. 92-087

ISSUE
Whether or not the Commission on Elections en banc may hear and decide pre-
proclamation cases classified as special cases.

RULING

NO. Article IX-C, Section 3 of the Constitution expressly provides that


election cases include pre-proclamation controversies, and all such cases must first be
heard and decided by a division of the commission. The commission, sitting en banc,
does not have the authority to hear and decide the same at the first instance.

Section 3, subdivision C, Article IX of the 1987 Constitution expressly provides:


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.

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