G.R. No. 217158 - Gios-Samar, Inc. vs. Department of Transportation and Communications

On March 16, 1996, petitioner Lynette G. Garvida applied to register as a member and voter of the Katipunan ng Kabataan (KNK) of Barangay San Lorenzo, Bangui, Ilocos Norte; the Board of Election Tellers denied her application for being over 21 years old under Sec. 3(b) of COMELEC Resolution No. 2824.
Petitioner filed a “Petition for Inclusion as Registered Kabataang Member and Voter” with the Municipal Circuit Trial Court, which, in a decision dated April 18, 1996, ordered her registration; the Board appealed to the Regional Trial Court, whose presiding judge inhibited himself.

On April 23, 1996, petitioner filed her certificate of candidacy (COC) for SK Chairman; the local Election Officer disapproved it for age, but the COMELEC Regional Director reversed.
Rival candidate Florencio G. Sales, Jr. filed with the COMELEC en banc a “Petition for Denial and/or Cancellation of Certificate of Candidacy” by fax and registered mail on April 29, 1996, alleging petitioner’s disqualification for exceeding the age limit.
On May 2, 1996, the COMELEC en banc—without referring the case to a Division and before due notice—ordered the suspension of petitioner’s proclamation if she won and required her to file ten copies of the petition.
Election day, May 6, 1996: petitioner received 78 votes, Sales 76 votes; the Board did not proclaim petitioner due to the May 2 order but later, on June 2, 1996, proclaimed her winner “without prejudice.”
Petitioner also ran and won as Auditor of the Pambayang Pederasyon ng mga Sangguniang Kabataan on July 5, 1996.

Whether the COMELEC en banc had jurisdiction to entertain and decide the petition to deny or cancel petitioner’s COC.
Whether petitioner’s COC could be cancelled on the ground that she exceeded the maximum age requirement for SK elective officials.