Title
Acosta vs. Commission on Elections
Case
G.R. No. 131488
Decision Date
Aug 3, 1998
Barangay election dispute: Acosta won, Rivera protested. MCTC ruled for Rivera; COMELEC En Banc affirmed. SC nullified, citing due process, authority, and constitutional violations, remanding to COMELEC Division.
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Case Digest (G.R. No. 131488)

Facts:

Election and Proclamation:

  • Espirita N. Acosta and Raymundo I. Rivera were candidates for the position of Punong Barangay in Barangay Sobol, San Fabian, Pangasinan, during the May 12, 1997, barangay election.
  • Acosta won by a margin of four votes and was proclaimed the duly elected Punong Barangay.

Election Protest:

  • On May 15, 1997, Rivera filed an election protest with the Municipal Circuit Trial Court (MCTC) of San Fabian-San Jacinto, alleging misreading, non-reading, mistallying, and misappreciation of ballots in Precincts No. 22-A, No. 22-A-1, No. 22-B, and No. 22-B-1.
  • Rivera prayed for a recount of the votes.

Court Proceedings:

  • On May 16, 1997, the MCTC summoned Acosta, who filed a Motion for Time to File Answer on May 19, 1997.
  • On May 21, 1997, the MCTC denied Acosta’s motion, declared the election protest sufficient in form and substance, and ordered the COMELEC Election Registrar and/or Municipal Treasurer to bring the ballot boxes and related election documents to court.

Petition to COMELEC:

  • On May 29, 1997, Acosta filed a petition for certiorari and prohibition with the COMELEC (SPR No. 13-97), challenging the MCTC’s May 21, 1997, order.

MCTC Decision:

  • On May 30, 1997, the MCTC rendered a decision declaring Rivera the winner with 408 votes, three more than Acosta’s 405 votes, and nullified Acosta’s proclamation.

Appeal to COMELEC:

  • Acosta filed a notice of appeal on June 11, 1997, which was granted by the MCTC and docketed as UNDK No. 5-97 before the COMELEC.

COMELEC Resolution:

  • On December 2, 1997, the COMELEC En Banc issued a resolution dismissing Acosta’s petition (SPR No. 13-97) for lack of merit, affirming the MCTC’s May 21, 1997, order and May 30, 1997, decision.

Issue:

  1. Whether the COMELEC En Banc exceeded its authority by affirming the MCTC’s decision in SPR No. 13-97, which was not the subject of the petition.
  2. Whether the COMELEC En Banc violated due process by affirming the MCTC’s decision without consolidating it with the appeal (UNDK No. 5-97) and without considering evidence.
  3. Whether the COMELEC En Banc violated the Constitution by deciding the case en banc instead of in division.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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