Case Summary (G.R. No. 195953)
Case Background
- Parties Involved: Ceriaco Bulilis (Petitioner) vs. Victorino Nuez (Respondent)
- Context: Bulilis was elected as punong barangay of Barangay Bulilis, Ubay, Bohol, with a margin of four votes over Nuez. Nuez filed an Election Protest seeking a recount and annulment of Bulilis' proclamation.
Election Protest Filing
- Filing Date: November 2, 2010
- Jurisdictional Claim: Nuez filed the protest with the 6th Municipal Circuit Trial Court (MCTC), which Bulilis contested, claiming lack of jurisdiction due to the non-impleading of indispensable parties (Chairman and Members of the Board of Election Inspectors).
- Case Docket Number: Civil Case No. 134-10
Preliminary Conference Issues
- Hearing Notice: Bulilis claimed he did not receive proper notice for the November 9, 2010 preliminary conference, which was crucial for filing his Preliminary Conference Brief.
- Court’s Position: The MCTC allowed Nuez to present evidence ex parte after Bulilis failed to timely file his brief.
Motion for Reconsideration
- Date of Filing: November 10, 2010
- MCTC’s Order: Denied the motion on November 15, 2010, stating Bulilis had received notice and was informed through Nuez's brief.
Petition for Certiorari
- Filing with RTC: Bulilis filed a petition for certiorari under Rule 65 with the Regional Trial Court (RTC) of Talibon, Bohol, which was dismissed on December 22, 2010.
- Grounds for Dismissal: RTC asserted that the Commission on Elections (COMELEC) had exclusive appellate jurisdiction over election-related certiorari petitions.
Supreme Court Resolution
- Date of Resolution: August 9, 2011
- Key Findings:
- The notice of preliminary conference was found to be defective as it did not specify its nature and was improperly served.
- The RTC's dismissal was upheld, emphasizing that the COMELEC has jurisdiction over petitions for certiorari involving elections, returns, or qualifications of officials.
Jurisdictional Clarifications
- COMELEC’s Authority:
- Jurisdiction extends to all acts or omissions of courts in election cases, including interlocutory orders.
- Petitioner’s assertion that the COMELEC’s jurisdiction is limited to final decisions was rejected.
Legal Principles Established
- Rule 9, Section 2 of A.M. No. 07-4-15-SC: Stipulates that notices must be served on counsel, not directly to the parties they represent.
- Rule 28, Section 1 of the COMELEC Rules of Procedure: Establishes the grounds for filing a certiorari petition with the COMELEC.
Key Takeaways
- Outcome: The Supreme Court dismissed Bulilis's petition, reinforcing the COMELEC's exclusive jurisdiction over electoral disputes involving municipal and barangay officials.
- Implications: The decision highlights the importance of proper procedural adherence in election cases, particularly regarding notice and the necessity of impleadi
Case Syllabus (G.R. No. 195953)
Case Background
- Ceriaco Bulilis was elected as the punong barangay of Barangay Bulilis, Ubay, Bohol, on October 25, 2010, winning by a narrow margin of four votes over Victorino Nuez.
- Following the election, on November 2, 2010, Nuez filed an election protest with the 6th Municipal Circuit Trial Court (MCTC) of Ubay, Bohol, seeking a judicial recount and annulment of Bulilis's proclamation.
- The protest was docketed as Civil Case No. 134-10.
Procedural Developments
- Bulilis filed an Answer on November 5, 2010, denying the allegations in the protest and requesting dismissal based on the MCTC's lack of jurisdiction due to the failure to implead indispensable parties, specifically the Chairman and Members of the Board of Election Inspectors.
- A notice of hearing for November 9, 2010, was issued by the MCTC Clerk of Court; however, Bulilis's counsel claimed he did not receive this notice and only learned of the hearing when receiving Nuez's Preliminary Conference Brief on November 8, 2010.
- Counsel for Bulilis filed his Preliminary Conference Brief on November 9, 2010, shortly before the scheduled hearing.
Ex Parte Presentation of Evidence
- During the preliminary conference on November 9, 2010, counsel for Nuez requested to present evidence ex parte, which the presiding judge, Daniel Jose J. Garces, granted due to Bulilis's counsel f