Case Digest (G.R. No. 131488)
Facts:
The case involves Espirita N. Acosta as the petitioner and the Commission on Elections (COMELEC), Judge Genoveva Coching Maramba in her capacity as Presiding Judge of the Municipal Circuit Trial Court of San Fabian/San Jacinto, Pangasinan, and Raymundo I. Rivera as the respondents. The events leading to this case began with the barangay elections held on May 12, 1997, in Barangay Sobol, San Fabian, Pangasinan, where Acosta was declared the duly elected Punong Barangay, winning by a margin of four votes over Rivera. On May 15, 1997, Rivera filed an election protest in the Municipal Circuit Trial Court, claiming that the votes cast for him were not properly accounted for due to various errors in the counting process, including misreading and mistallying of ballots. The court summoned Acosta, who requested additional time to file an answer, but this request was denied on May 21, 1997, when the court deemed the protest sufficient for a recount. The court ordered the COMELEC Elect...
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:
- 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.
- 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.
- Whether the COMELEC En Banc violated the Constitution by deciding the case en banc instead of in division.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)