G.R. No. 167594 - Planas vs. Commission on Elections

On January 5, 2004, Michael F. Planas filed his certificate of candidacy for representative of the Third Congressional District of Quezon City under the Koalisyon ng Nagkakaisang Pilipino-Laban ng Demokratikong Pilipino.
On the same day, Anna Liza C. Cabochan filed her certificate of candidacy for the same position under the Liberal Party. Her certificate, notarized by Atty. Merito L. R. Fernandez, was recorded as Document No. 03, Page No. 1, Book No. I, Series of 2004, with the notary commission shown to be valid only until December 31, 2003.

On January 12, 2004, Ramil T. Cortiguerra, a registered voter, filed a petition before the COMELEC National Capital Region seeking to deny due course and cancel Cabochan’s certificate of candidacy.
Cortiguerra’s petition alleged that Cabochan’s certificate suffered a serious and material defect, as it was notarized by a Notary Public whose commission had expired, in violation of Section 73 of the Omnibus Election Code and COMELEC En Banc Resolution No. 6453.

On January 15, 2004, Cabochan withdrew her certificate of candidacy.
Subsequently, Matias V. Defensor, Jr. filed his certificate of candidacy in substitution for Cabochan.

During the January 22, 2004 hearing, counsels for both parties agreed on two issues: the due course or cancellation of Cabochan's certificate and the validity of Defensor’s substitution.
On April 15, 2004, a memorandum recommendation from the COMELEC NCR Acting Director urged that Cabochan’s certificate be denied due course and cancelled, and that Defensor’s substitution be similarly declared invalid.
On April 20, 2004, on the recommendation of the COMELEC Law Department, the COMELEC En Banc issued Minute Resolution No. 04-0582 giving due course to Cabochan’s certificate and Defensor’s substitution.

National elections were held as scheduled on May 10, 2004.
On May 13, 2004, Planas filed a petition for the suspension of vote canvassing, raising concerns based on the earlier memorandum recommendation.
On May 14, 2004, the COMELEC First Division, by its resolution, granted Cortiguerra’s petition, denied due course, cancelled Cabochan’s certificate, and declared Defensor’s substitution invalid.
Planas’s counsel sought to suspend the reading of votes for Defensor by relying on the May 14 resolution, though this motion was denied pending a central office order.
On May 17, 2004, Planas filed additional petitions for intervention and for the suspension of the canvass and proclamation, invoking the aforementioned division resolution.
On May 17, 2004, Defensor was proclaimed as the winning candidate for the congressional seat.
Later, on May 18, 2004, both Cabochan and Defensor filed respective motions for reconsideration, arguing that the COMELEC First Division lacked authority to nullify the En Banc Resolution and questioning the propriety of having the same commissioners sign both resolutions.
The COMELEC First Division then elevated the motions to the COMELEC En Banc by order on May 22, 2004.
The COMELEC En Banc, on March 11, 2005, issued the challenged resolution which reversed the May 14, 2004 resolution of the First Division.

Petitioner Michael F. Planas argued that the COMELEC En Banc acted with grave abuse of discretion amounting to lack or excess of jurisdiction by:

Asserting that the COMELEC was already divested of jurisdiction due to Defensor’s proclamation and assumption of office, which according to him transferred jurisdiction to the House of Representatives Electoral Tribunal (HRET).
Contending that Cabochan’s certificate of candidacy was invalid due to the notarization defect and, consequently, that Defensor’s substitution was illegal.

Petitioner further argued that since the May 14 resolution did not attain finality before the May 10 elections, the COMELEC did not lose jurisdiction merely by Defensor’s proclamation.
Referencing relevant statutes (Section 6 of Republic Act No. 6646 and Section 250 of the Revised Administrative Code) and prior jurisprudence (Codilla, Sr. v. Hon. de Venecia; Mutuc, et al. v. COMELEC, et al.), he maintained that the proper remedy should have rested with the COMELEC and that the HRET had no jurisdiction in reviewing such matters.

Whether the COMELEC was divested of jurisdiction by virtue of Defensor’s proclamation and his assumption of office as a member of the House of Representatives, thereby transferring jurisdiction to the HRET.
Whether the mere fact of a candidate’s proclamation, pending a not yet final division resolution, automatically results in the divestment of COMELEC’s jurisdiction.

Whether Anna Liza C. Cabochan’s certificate of candidacy should be denied due course and/or cancelled on the ground that it was notarized by a notary public whose commission had expired.
Whether the substitution of Cabochan by Matias V. Defensor, Jr., given the alleged defect in the original certificate, is legal and valid.