G.R. No. 158830 - Cipriano vs. Commission on Elections

On June 7, 2002, Ellan Marie P. Cipriano filed her Certificate of Candidacy as Sangguniang Kabataan (SK) Chairman, Barangay 38, Pasay City.
On July 15, 2002—the day of the SK elections—the Commission on Elections (COMELEC) en banc issued Resolution No. 5363, motu proprio cancelling petitioner's certificate of candidacy for alleged failure to be a registered voter in the barangay.

Despite Resolution No. 5363, petitioner was allowed to vote, her name remained on the official list, and after canvassing she was proclaimed duly elected SK Chairman by the Barangay Board of Canvassers.
Petitioner took her oath of office on August 14, 2002.

On August 19, 2002, petitioner moved for reconsideration, contending that cancellation must follow a petition under Sec. 78, Omnibus Election Code, with notice and hearing, and that the COMELEC en banc lacked original jurisdiction.
On October 7, 2002, COMELEC issued Resolution No. 5781, affirming its policy (per Resolutions No. 4801 and 5584, later amended by No. 5666) of motu proprio cancellation of certificates for nonregistered voters, and directing deletion of names and reconvening of canvassers.

Petitioner sought to set aside COMELEC Resolutions Nos. 5363 and 5781 as void for lack of due process and for exceeding COMELEC’s authority.
The sole legal issue framed was whether COMELEC, in exercising its administrative power, may motu proprio cancel a certificate of candidacy without notice, hearing, or a petition under the Omnibus Election Code.

Whether the COMELEC may, on its own initiative and without resort to a petition under Sec. 78 of the Omnibus Election Code, cancel a duly filed certificate of candidacy.
Whether such motu proprio cancellation without prior notice and hearing violates the candidate’s right to due process.