G.R. No. 163756 - Aggabao vs. Commission on Elections

Case Summary (G.R. No. 163756)

Factual Background

The petitioner and private respondent were rival candidates for Congressman of the 4th District of Isabela in the May 10, 2004 elections. During the provincial canvass the private respondent moved for the exclusion of the first copy of the certificates of canvass of votes (COCV) for Cordon and San Agustin, alleging tampering, preparation under duress, discrepancies with other authentic copies, and manifest errors. The petitioner objected, asserting that such grounds were proper only in pre-proclamation controversies and that pre-proclamation controversies are not allowed in elections for Members of the House of Representatives. On May 22, 2004, the reconstituted Provincial Board of Canvassers excluded the contested COCVs and used the fourth and seventh copies instead. Based on the canvass so conducted, private respondent obtained the highest number of votes for the congressional position.

Subsequent Administrative Proceedings

Private respondent filed a Very Urgent Motion for Proclamation on June 6, 2004, which the petitioner opposed on the ground that the pendency of his appeal with the COMELEC Second Division barred proclamation. Commissioner Mehol K. Sadain, commissioner in-charge for Regions II and III, approved the proclamation of the remaining winning candidates for Isabela in a memorandum dated June 8, 2004. On June 9, 2004, the COMELEC En Banc issued Resolution No. 7233 directing the proclamation of the remaining winning candidates in Isabela. The petitioner filed an Urgent Motion to Set Aside the Notice of Proclamation and prayed for a temporary restraining order. On June 14, 2004, private respondent was proclaimed, took his oath, and assumed office as Congressman for the 4th District of Isabela.

Petition for Certiorari and Pleadings

Two days after the proclamation the petitioner filed the present Petition for Certiorari in the Supreme Court assailing Resolution No. 7233 as issued with grave abuse of discretion and praying that the proclamation of private respondent be annulled. The petitioner also maintained before the COMELEC that the Provincial Board acted without jurisdiction and that the excluded COCVs were regular and properly authenticated. The appeal from the PBC was docketed as SPC No. 04-219 and raffled to the COMELEC Second Division. Private respondent moved to dismiss the Supreme Court petition on the ground that the issue is properly cognizable by the House of Representatives Electoral Tribunal (HRET). The petitioner later manifested that on August 16, 2004 the COMELEC Second Division gave due course to his appeal and pressed for early resolution of his petition with the Supreme Court.

Parties' Contentions

The petitioner contended that the COMELEC En Banc acted without jurisdiction in ordering private respondent’s proclamation while his appeal with the COMELEC Second Division remained unresolved, and that the PBC had no jurisdiction to exclude the contested COCVs. He asserted that the exclusion produced a wrongful basis for proclamation. The private respondent countered that the remedy for the petitioner was an electoral protest before the HRET and that the Supreme Court should dismiss the petition because the HRET is the sole tribunal to adjudicate contests concerning election, returns, and qualifications of Members of the House of Representatives.

Issue Presented

The single legal issue for disposition was whether the Supreme Court could take cognizance of and grant relief in this petition for certiorari challenging the COMELEC En Banc resolution and the proclamation of a proclaimed, sworn, and incumbent Member of the House of Representatives.

Legal Principles Applied

The Court recalled the essential requisites for certiorari as a special civil action: (a) that the tribunal, board, or officer exercising judicial functions acted without or in excess of jurisdiction or with grave abuse of discretion tantamount to lack of jurisdiction; and (b) that there is no appeal nor any plain, speedy and adequate remedy in the ordinary course of law to annul or modify the proceeding. The Court further invoked Article VI, Sec. 17, 1987 Constitution, which provides that the Senate and the House of Representatives shall each have an Electoral Tribunal that is the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. The Court relied on prior decisions, notably Pangilinan v. Commission on Elections (G.R. No. 105278, 18 November 1993), Guerrero v. Commission on Elections, and Lazatin v. Commission on Elections, to the effect that upon proclamation, oath, and assumption of office by a winning congressional candidate the COMELEC is divested of jurisdiction over election contests involving that Member and the HRET acquires sole an

Case Syllabus (G.R. No. 163756)

Parties and Procedural Posture

Petitioner Georgidi B. Aggabao was a rival congressional candidate for the 4th District of Isabela in the May 10, 2004 elections.
Private respondent Anthony Miranda was the opposing congressional candidate who was later proclaimed as winner for the 4th District of Isabela.
Respondent Commission on Elections (COMELEC) is the electoral body whose En Banc issued Resolution No. 7233 directing proclamations of remaining winners in Isabela.
Respondent Provincial Board of Canvassers of Isabela (PBC) is the body that excluded certain COCV copies during canvass and used alternate copies in the municipal tallies.
The petition challenged COMELEC En Banc Resolution No. 7233 and Miranda’s subsequent proclamation via an original petition for certiorari.

Key Factual Allegations

Miranda moved for exclusion of the first copy of the certificate of canvass of votes (COCV) for the municipalities of Cordon and San Agustin on the ground that the first copy was tampered with, prepared under duress, differed from other authentic copies and contained manifest errors.
Aggabao objected to Miranda’s motion on the ground that the grounds alleged were proper only in a pre-proclamation controversy, which he contended is not permitted for congressional elections.
The reconstituted PBC on May 22, 2004 excluded the contested first copies of the COCVs and used the fourth and seventh copies for canvass.
The canvass results using those copies showed Miranda to have the highest number of votes for Congressman for the 4th District of Isabela.
Miranda filed a Very Urgent Motion for Proclamation on June 6, 2004, which Aggabao opposed on the ground that an appeal to the COMELEC Second Division was pending.
Commissioner Mehol K. Sadain approved proclamation of remaining Isabela winners in a Memorandum dated June 8, 2004.
The COMELEC En Banc issued Resolution No. 7233 on June 9, 2004 directing proclamation of the remaining winners in Isabela.
Miranda was proclaimed on June 14, 2004, and thereafter took his oath and assumed office as Congressman.

Procedural History

Aggabao filed an appeal with the COMELEC Second Division docketed as SPC No. 04-219, challenging the PBC’s exclusion of the contested COCVs.
Aggabao filed an Urgent Motion to Set Aside the Notice of Proclamation with Prayer for Temporary Restraining Order before the COMELEC after Resolution No. 7233.
Two days after Miranda’s proclamation, Aggabao filed this Petition for Certiorari in the Court assailing Resolution No. 7233 and Miranda’s proclamation.
Miranda filed a Comment and moved for dismissal on the ground that the proper forum is the House of Representatives Electoral Tribunal (HRET).
Aggabao later manifested that the COMELEC Second Division gave due course to his pending appeal on August 16, 2004.

Issues Presented

Whether the Court could take cognizance of a petition for certiorari seeking annulment of COMELEC En Banc Resolution No. 7233 and the proclamation of a Congressman who has taken his oath and assumed office.
Whether certiorari is the proper remedy to annul or modify a proclamation and related COMELEC proceedings after proclamation and as