G.R. No. 221075 - Malaki vs. People

Georgidi B. Aggabao and Anthony Miranda were rival candidates for Congressman of the 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 tampering, duress in preparation, and manifest errors.

On May 22, 2004, the reconstituted PBC excluded the contested COCVs and used the 4th and 7th copies instead; Miranda emerged as having the highest votes.
On June 6–9, 2004, Miranda filed a “Very Urgent Motion for Proclamation,” Commissioner Sadain approved the proclamation of winning candidates in a June 8 memorandum, and the COMELEC En Banc issued Resolution No. 7233 directing Miranda’s proclamation; Aggabao filed motions opposing proclamation and sought a temporary restraining order.
On June 14, 2004, Miranda was proclaimed as Congressman; two days later, Aggabao filed a petition for certiorari before the Supreme Court assailing Resolution No. 7233 for lack of jurisdiction.

Miranda moved to dismiss the petition, arguing that the proper forum was the House of Representatives Electoral Tribunal (HRET).
On August 16, 2004, the COMELEC Second Division gave due course to Aggabao’s appeal but did not annul the proclamation; Aggabao filed a Consolidated Motion for Early Resolution and Reply.

Whether a petition for certiorari is the proper remedy to annul the COMELEC En Banc’s Resolution No. 7233 and Miranda’s proclamation.
Whether the pendency of Aggabao’s appeal before the COMELEC Second Division bars Miranda’s proclamation.

Whether the COMELEC En Banc acted without or in excess of jurisdiction or with grave abuse of discretion in ordering the proclamation.
Whether post-proclamation election contests are within COMELEC’s jurisdiction or exclusively within the HRET.