Case Digest (G.R. No. 260650)
Facts:
Roberto "Pinpin" T. Uy, Jr. v. Commission on Elections, Verly Tabancura‑Adanza, Provincial Board of Canvassers for the Province of Zamboanga del Norte, and Romeo M. Jalosjos, Jr. (G.R. No. 260650); and Frederico P. Jalosjos v. Romeo M. Jalosjos, Jr. and the Commission on Elections (G.R. No. 260952), August 08, 2023, the Supreme Court En Banc, Lopez, M., J., writing for the Court.In the 2022 elections for Zamboanga del Norte’s 1st District representative four principal aspirants were involved: Roberto "Pinpin" Uy, Jr., Romeo M. Jalosjos, Jr., Frederico P. Jalosjos, and Richard Amazon. Prior to the election, on November 16, 2021, Romeo filed a verified petition before the Commission on Elections (Comelec) Second Division (SPA No. 21‑224 (DC)) to declare Frederico a nuisance candidate and cancel his Certificate of Candidacy (CoC), alleging lack of bona fide intent and potential voter confusion from similar names/nicknames.
On April 19, 2022, the Comelec Second Division declared Frederico a nuisance candidate and cancelled his CoC. Frederico filed a Motion for Reconsideration, which he transmitted by e‑mail on April 25, 2022 at about 6:23 p.m. The Comelec En Banc later denied the motion as filed a day late on procedural grounds (holding e‑mails received after 5:00 p.m. are deemed filed the next day), and on June 7, 2022 affirmed the nuisance finding and ordered that Frederico’s votes be credited to Romeo pursuant to the Court’s decision in Dela Cruz v. Comelec.
After the election (May 9, 2022) and canvass, the Provincial Board of Canvassers (PBOC) reported results showing Roberto leading by a narrow margin. On May 12, 2022 the Comelec En Banc issued an Order suspending Roberto’s proclamation; the PBOC received an “advanced copy,” debated its authenticity, and ultimately suspended proclamation that same early morning. Roberto filed administrative pleadings before the Comelec and then a petition for certiorari, prohibition and mandamus with this Court (G.R. No. 260650), challenging the suspension and alleging denial of due process because he was not a party to SPA No. 21‑224 (DC). Frederico separately filed a certiorari petition (G.R. No. 260952) challenging the Comelec En Banc’s June 7, 2022 Resolution that declared him a nuisance candidate and directed crediting of his votes.
While the matters were pending, the Comelec En Banc issued a writ of execution on June 15, 2022 directing the PBOC to reconvene, credit Frederico’s votes to Romeo, and proclaim the winner; the PBOC thereafter proclaimed Romeo on June 23, 2022. The petitions were consolidated before the Supreme Court; the Court initially issued a Status Quo Ante Order preserving the last peaceful uncontested state prior to the Comelec En Banc Order and Resolution, and requ...(Pro-only)
Issues:
- Does the Supreme Court have jurisdiction to review the Comelec En Banc’s Order dated May 12, 2022 (suspension of proclamation) and Resolution dated June 7, 2022 (declaration of nuisance candidacy)?
- Did the Comelec En Banc gravely abuse its discretion and violate due process when it ordered the suspension of Roberto’s proclamation on May 12, 2022?
- Did the Comelec En Banc gravely abuse its discretion in affirming the cancellation of Frederico’s CoC and declaring...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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