G.R. No. 6364 - Gumiran vs. Gumiran

The petition is a combined action for certiorari, prohibition, and mandamus with a request for a temporary restraining order.
Petitioner Francis Pancratius N. Pangilinan seeks to compel the COMELEC and the Board of Canvassers to:

Hear and decide the disqualification petition against private respondent Feliciano Belmonte, Jr. (filed in SPA No. 92-127).
Declare unconstitutional Section 15 of R.A. No. 7166, which disallows pre-proclamation controversies in elections for House members.
Suspend and/or nullify the canvassing and subsequent proclamation of the winning candidate due to alleged tampering of over 120 election returns.

Both petitioner and private respondent were candidates for congressman in the fourth legislative district of Quezon City during the May 11, 1992, elections.
Several disqualification petitions were filed against private respondent for alleged violations of the Omnibus Election Code:

Allegations included the giving of material benefits (a sack of rice, money, medicine) and other acts aimed at influencing voters during campaign rallies held on April 1 and April 4, 1992.
Additional petitions cited violations related to soliciting votes and the provision of undue incentives.

The COMELEC, upon receipt of the petition for disqualification, referred the case to its Law Department for preliminary investigation.
On May 20, 1992, an Urgent Motion to Suspend the canvassing or proclamation was filed by the petitioner and the complainants to prevent alleged irreparable injury.
The petitioner objected to the canvassing of over 120 election returns on the ground that they were tampered with, altered, or spurious.
The City Board of Canvassers overruled the objection by relying on Section 15 of R.A. No. 7166 and COMELEC Resolution No. 2413, which disallowed pre-proclamation controversies in elections for House members.
On May 21, 1992, the Board of Canvassers proceeded to create canvassing committees without providing the petitioner prior notice or the opportunity to appoint watchers and counsel, further prompting the filing of the present petition.

Whether Section 15 of R.A. No. 7166, which disallows pre-proclamation controversies in the election of members of the House of Representatives, is unconstitutional.
Whether such disallowance violates the constitutional provision granting the COMELEC authority to hear pre-proclamation controversies in elections.

Whether the formation of canvassing committees without notifying the petitioner or affording him the opportunity to appoint watchers and counsel constitutes a denial of due process.
The proper judicial remedy available to the petitioner in view of the procedural irregularities encountered during the canvass of the election returns.

Whether the COMELEC has jurisdiction to adjudicate pre-proclamation controversies involving the election of Members of the House of Representatives.
The appropriate forum where electoral disputes involving House members should be resolved under the 1987 Constitution.