G.R. No. 144104 - Lung Center of the Philippines vs. Quezon City

Grave abuse of discretion by the RTC judge in annulling Carlos’s proclamation despite his plurality of valid votes (83,609 vs. Serapio’s 66,602)
Decision unsupported by evidence, based on speculation of fraud badges
Direct petition for certiorari and prohibition to the Supreme Court, asserting no adequate remedy in the ordinary course of law

May 11, 1998: Municipal elections
May 21, 1998: Carlos proclaimed mayor (102,688 votes vs. Serapio’s 77,270)
June 1, 1998: Serapio files election protest with RTC Valenzuela; later re-assigned to RTC Caloocan
January 14, 1999: Denial of Carlos’s motion to dismiss
April 24, 2000: RTC decision sets aside Carlos’s proclamation, declares Serapio duly elected
May 3–4, 2000: Notice of decision; Carlos moves for execution pending appeal
May 4, 2000: Carlos files appeal with COMELEC (appellate jurisdiction over municipal contests)
May 8, 2000: Carlos files certiorari petition in the Supreme Court; TRO issued against RTC proceedings

1987 Constitution, Art. VIII, Sec. 5(1): Original jurisdiction of Supreme Court over certiorari, prohibition, mandamus
1987 Constitution, Art. IX-C, Sec. 2(2): COMELEC appellate jurisdiction in municipal election contests
Rule 65, Sec. 1, Rules of Civil Procedure: Grounds for certiorari (grave abuse of discretion, lack or excess of jurisdiction)
Omnibus Election Code, Sec. 6: Grounds and procedure for declaring failure of election; jurisdiction of COMELEC en banc

Initial canvass by Municipal Board: Carlos 102,688 votes; Serapio 77,270
Physical count of ballots: Carlos 103,551; Serapio 76,246
Ballot revision: Carlos 83,609 valid votes; Serapio 66,602 valid votes (Carlos’s winning margin 17,007)
Trial court identified alleged “badges of fraud”: padlock key mismatches, empty ballot boxes, localized brownouts, absence of Serapio’s watchers

Set aside Carlos’s proclamation and final tally
Attributed fraud to protestee Carlos, citing control over election paraphernalia and utilities
Declared Serapio the duly elected mayor despite his lower valid vote count
Imposed execution pending appeal and ordered further proceedings

Does the Supreme Court have original jurisdiction to review an RTC decision in a municipal election protest where no direct appeal lies?
Did the RTC commit grave abuse of discretion by reversing Carlos’s plurality win based on speculative badges of fraud?

Jurisdiction
- SC has original jurisdiction under the 1987 Constitution and Rule 65 to issue writs in cases of grave abuse or excess of jurisdiction, irrespective of appellate constraints.
- COMELEC and SC have concurrent jurisdiction over extraordinary writs; the court assuming jurisdiction first exercises exclusive authority.
- COMELEC appeal did not constitute a speedy and adequate remedy given the patent grave abuse.
Grave Abuse of Discretion
- Election contests are decided by plurality of valid votes; Carlos clearly led by 17,007 votes.
- Alleged fraud badges were speculative, unsupported by record, and insufficient to nullify all votes.
- Only COMELEC en banc may decla
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