Case Digest (G.R. No. L-28975)
Facts:
In Evelio B. Javier vs. Commission on Elections and Arturo F. Pacificador, G.R. Nos. L-68379-81, decided September 22, 1986, petitioner Evelio B. Javier and private respondent Arturo F. Pacificador vied for a seat in the Batasang Pambansa representing Antique in the May 1984 elections. Despite Javier’s stronger popular support, Pacificador, as the KBL nominee, harnessed the machinery of power. On May 13, 1984, several of Javier’s supporters were ambushed and killed, allegedly by Pacificador’s men, fostering an atmosphere of terror that arguably influenced the vote. Following the elections, Javier filed complaints of “massive terrorism, intimidation, duress, vote-buying, fraud, tampering and falsification of election returns” before the Commission on Elections (COMELEC). The COMELEC’s Second Division first suspended Pacificador’s proclamation, then ordered it without prejudice, and on July 23, 1984, formally proclaimed him winner. Javier petitioned the Supreme Court, arguing thatCase Digest (G.R. No. L-28975)
Facts:
- Parties and electoral context
- Evelio B. Javier, opposition candidate for the Batasang Pambansa seat in Antique, vs. Arturo F. Pacificador, Nacionalista/KBL candidate, and the Commission on Elections (COMELEC).
- May 1984 elections held under the Marcos regime amid widespread allegations of vote-buying, intimidation, and electoral fraud.
- Pre-election violence and atmosphere of fear
- On May 13, 1984, the eve of the election, several followers of Javier were ambushed and killed in Sibalom, Antique; seven suspects (including Pacificador) were indicted.
- The killings and continued threats allegedly intimidated voters, undermining the freedom and purity of the suffrage.
- Post-election proceedings and subsequent events
- After the polls, COMELEC’s Second Division canvassed returns and proclaimed Pacificador winner; Javier’s pre-proclamation petitions were dismissed.
- Javier petitioned the Supreme Court, arguing that only the COMELEC en banc could proclaim winners for Batasang Pambansa seats under the 1973 Constitution.
- On February 11, 1986, Javier was assassinated; the People Power Revolution soon followed, deposing Marcos, abolishing the Batasang Pambansa, and rendering the original office moot.
Issues:
- Jurisdictional authority of COMELEC divisions vs. en banc
- Does Article XII-C, Sections 2(2) and 3 of the 1973 Constitution permit a COMELEC division to hear and decide a “pre-proclamation controversy” involving a Batasang Pambansa seat?
- Must all “contests” relating to the election, returns, or qualifications of Batasang Pambansa members be heard and decided by the COMELEC en banc from inception?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)