Case Digest (G.R. No. 163756)
Facts:
Georgidi B. Aggabao v. Commission on Elections, The Provincial Board of Canvassers of Isabela, and Anthony Miranda, G.R. No. 163756, January 26, 2005, Supreme Court En Banc, Ynares‑Santiago, J., writing for the Court.Petitioner Georgidi B. Aggabao and private respondent Anthony Miranda were rival candidates for Congressman of the 4th District of Isabela in the May 10, 2004 elections. During the provincial canvass, Miranda moved for exclusion of the 1st copy of the Certificates of Canvass of Votes (COCV) for the municipalities of Cordon and San Agustin, alleging tampering, duress in preparation, material differences from other authentic copies and manifest errors; Aggabao opposed, arguing such grounds are proper only in pre‑proclamation controversies, which COMELEC is divested of in congressional contests.
On May 22, 2004 the reconstituted Provincial Board of Canvassers (PBC) excluded the contested 1st copies from canvass and used instead the 4th and 7th copies of the COCVs; on that basis Miranda obtained the highest number of votes. Aggabao appealed to the Commission on Elections (docketed SPC No. 04‑219 and raffled to the Second Division), contending the PBC acted without jurisdiction and, alternatively, that the excluded COCVs appeared regular and properly authenticated.
Meanwhile, Miranda filed a Very Urgent Motion for Proclamation on June 6, 2004. Commissioner Mehol K. Sadain, commissioner in‑charge for Regions II and III, issued a memorandum on June 8, 2004 approving proclamation of the remaining winning candidates; on June 9, 2004 the COMELEC En Banc promulgated Resolution No. 7233 directing proclamation of the remaining winners in Isabela. Aggabao filed an Urgent Motion to Set Aside the Notice of Proclamation with prayer for a Temporary Restraining Order the same day.
On June 14, 2004 Miranda was proclaimed as the duly elected Congressman and took his oath. Two days later Aggabao filed this petition for certiorari with the Supreme Court challenging Resolution No. 7233 and Miranda’s proclamation as issued with grave abuse of discretion, arguing that the COMELEC Second Division had not yet resolved his appeal and that the En Banc therefore acted without jurisdiction. Miranda opposed, arguing the controversy is for the House of Representatives Electoral Tribunal (HRET). Aggabao later filed a Consolidated Motion for Early Resolution and manifested that on August 16, 2004 the COMELEC Second Division gave due course to his appeal; he also urged annulment of the proclamation.
The case reached the Supreme Court by a petition for certiorari unde...(Pro-only)
Issues:
- May the Supreme Court take cognizance of this petition for certiorari to annul COMELEC En Banc Resolution No. 7233 and Miranda’s proclamation, or is there an adequate remedy before the House of Representatives Electoral Tribunal (HRET)?
- Did the COMELEC En Banc act without or in excess of jurisdiction or with grave abuse of discretion in directing Miranda’s proclamation while Aggabao’s appeal was pending ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)