Case Digest (G.R. No. 163756) Core Legal Reasoning
Core Legal Reasoning
Facts:
In Georgidi B. Aggabao v. Commission on Elections, G.R. No. 163756, decided January 26, 2005, petitioner Aggabao and private respondent Anthony Miranda were opposing candidates for Congressman of the 4th District of Isabela in the May 10, 2004 elections. During the municipal canvasses of Cordon and San Agustin, Miranda filed a Petition for Exclusion with the reconstituted Provincial Board of Canvassers (PBC), alleging that the first copies of the Certificates of Canvass (COCVs) were tampered with, prepared under duress, and contained manifest discrepancies. Aggabao objected, contending that such challenges constituted a pre-proclamation controversy over which the Commission on Elections lacked jurisdiction. On May 22, 2004, the PBC excluded the contested COCVs and utilized the 4th and 7th copies instead, resulting in Miranda’s lead. Aggabao appealed to the COMELEC Second Division, arguing lack of jurisdiction and regularity of the excluded COCVs. Meanwhile, Miranda filed a Very Case Digest (G.R. No. 163756) Expanded Legal Reasoning
Expanded Legal Reasoning
Facts:
- Parties, election, and immediate controversy
- Petitioner Georgidi B. Aggabao and private respondent Anthony Miranda were rival candidates for Congressman, 4th District of Isabela, in the May 10, 2004 elections.
- During the canvassing of Certificates of Canvass of Votes (COCV) for the municipalities of Cordon and San Agustin, Miranda moved to exclude the 1st copy of the COCV, alleging it was tampered with, prepared under duress, differed from other authenticated copies, and contained manifest errors.
- Proceedings before the Provincial Board of Canvassers (PBC) and canvass result
- Aggabao objected, arguing Miranda's grounds were proper only for a pre-proclamation controversy and that pre-proclamation controversies are not allowed in elections for Members of the House of Representatives.
- On May 22, 2004, the reconstituted Provincial Board of Canvassers excluded the contested 1st-copy COCVs from canvass and instead used the 4th and 7th copies; based on the canvass using those copies, Miranda obtained the highest number of votes for Congressman.
- Administrative remedies and motions before COMELEC; proclamation and this petition
- Aggabao appealed the PBC action to the COMELEC (docketed SPC No. 04-219, raffled to the Second Division), contending the PBC acted without jurisdiction and that, even if it had jurisdiction, it erred in excluding apparently regular and authenticated COCVs.
- On June 6, 2004, Miranda filed a Very Urgent Motion for Proclamation; Aggabao opposed, asserting the pendency of his appeal with the COMELEC Second Division barred any proclamation.
- On June 8, 2004, Commissioner Mehol K. Sadain (commissioner in-charge for Regions II and III) issued a Memorandum approving the proclamation of the remaining winning candidates in Isabela.
- On June 9, 2004, the COMELEC En Banc issued Resolution No. 7233 directing the proclamation of the remaining winning candidates, including Miranda. On the same day Aggabao filed an Urgent Motion to Set Aside the Notice of Proclamation with prayer for a Temporary Restraining Order.
- Miranda was proclaimed on June 14, 2004, as the duly elected Congressman for the 4th District of Isabela, and thereafter took his oath and assumed office.
- Two days after the proclamation, Aggabao filed this Petition for Certiorari with the Supreme Court assailing COMELEC Resolution No. 7233 and alleging the COMELEC En Banc acted without jurisdiction because the Second Division had not yet resolved his appeal. Miranda moved to dismiss the petition, arguing the matter was one for the House of Representatives Electoral Tribunal (HRET).
- On August 16, 2004, the COMELEC Second Division allegedly gave due course to Aggabao’s pending appeal; on August 27, 2004 Aggabao filed a Consolidated Motion for Early Resolution and complained of the Second Division’s failure to annul the proclamation.
Issues:
- Jurisdictional issue before the Supreme Court
- Whether the Supreme Court may take cognizance of a Petition for Certiorari challenging the COMELEC En Banc’s Resolution ordering the proclamation of a Congressman-elect who has already been proclaimed, taken his oath, and assumed office.
- Legality of COMELEC En Banc proclamation while an appeal was pending with a COMELEC division
- Whether the COMELEC En Banc acted without or in excess of jurisdiction or with grave abuse of discretion in directing Miranda’s proclamation notwithstanding the pendency of Aggabao’s appeal with the COMELEC Second Division.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)