Case Summary (G.R. No. 100091)
Key Individuals and Context
Ellan Marie P. Cipriano (minor, represented by her father Rolando Cipriano) was proclaimed Sangguniang Kabataan (SK) Chairman of Barangay 38, Pasay City. The Commission on Elections (COMELEC) en banc, its Law Department, and the Election Officer for Pasay City, Lope Gayo Jr., executed administrative resolutions affecting her certificate of candidacy.
Petitioner
Ellan Marie P. Cipriano, duly elected SK Chairman of Barangay 38, Pasay City.
Respondents
COMELEC en banc; COMELEC Law Department; Department of Interior and Local Government; Election Officer Lope Gayo Jr.; various SK and barangay officials.
Key Dates
• June 7, 2002 – Filing of Cipriano’s certificate of candidacy.
• July 15, 2002 – SK elections; COMELEC Resolution No. 5363 issued motu proprio cancelling her certificate.
• August 14, 2002 – Cipriano took her oath of office.
• August 19, 2002 – Motion for reconsideration filed.
• October 7, 2002 – COMELEC Resolution No. 5781 denying reconsideration.
• August 10, 2004 – Supreme Court decision.
Applicable Law
1987 Philippine Constitution (post-1990 case); Omnibus Election Code (Sec. 76, 78); COMELEC Resolutions Nos. 4801, 5363, 5584, 5666; RA 6646; RA 9164.
Facts
Cipriano filed her certificate of candidacy for SK Chair on June 7, 2002. Despite being unregistered as a barangay voter, she remained on the ballot, voted, and was proclaimed winner on July 15, 2002. COMELEC subsequently issued Resolution No. 5363 cancelling her certificate motu proprio based on Law Department recommendations. She was sworn in but later learned of her purported ineligibility.
Procedural History
Cipriano filed a motion for reconsideration, arguing (a) only a petition under Sec. 78 OEC may cancel candidacies; (b) lack of notice and hearing violated due process; (c) en banc lacked initial jurisdiction; (d) removal requires quo warranto. COMELEC en banc denied reconsideration via Resolution No. 5781, promulgating internal procedures for motu proprio cancellations and reaffirming its authority to enforce eligibility.
Issue
Whether COMELEC may, on its own initiative and without notice and hearing, cancel a certificate of candidacy on grounds of ineligibility.
Arguments of the Parties
Petitioner: Cancellation without a petition under Sec. 78 OEC, without notice or hearing, and by the en banc in the first instance violated due process and exceeded COMELEC’s authority.
COMELEC: Its broad administrative power includes motu proprio inquiries and cancellations, with constructive notice given by publication of Resolution No. 4801; proclamation does not bar later cancellation.
COMELEC’s Powers
Under the 1987 Constitution, COMELEC possesses administrative, quasi-legislative, and quasi-judicial powers to enforce election laws, promulgate implementing rules, and decide contests. The Omnibus Election Code expressly grants authority to deny due course to or cancel certificates of candidacy.
Ministerial Duty to Receive Certificates
Sec. 76 OEC imposes a ministerial duty on COMELEC to receive and acknowledge candidacy certificates filed in due form. The Court has held that giving due course to properly filed certificates is non-discretionary; the body may inspect for patent defects only on the face of the document.
Quasi-Judicial Nature of Cancellation
Cancellation for material misrepresentation or ineligibility involves disputed facts r
Case Syllabus (G.R. No. 100091)
Procedural History
- On June 7, 2002, petitioner Ellan Marie P. Cipriano filed her Certificate of Candidacy as Sangguniang Kabataan (SK) Chairman of Barangay 38, Pasay City, for the July 15, 2002 SK elections.
- On July 15, 2002, COMELEC en banc issued Resolution No. 5363, motu proprio cancelling Cipriano’s and several other candidates’ certificates of candidacy for lack of registration as barangay voters.
- Despite the cancellation, Cipriano voted, remained on the official list of candidates, and was proclaimed SK Chairman by the Barangay Board of Canvassers. She took her oath of office on August 14, 2002.
- On August 19, 2002, Cipriano filed a motion for reconsideration with COMELEC, arguing lack of statutory basis, absence of petition under Section 78 of the Omnibus Election Code, absence of notice and hearing, lack of en banc jurisdiction, and insisting only quo warranto could remove her post-proclamation.
- On October 7, 2002, COMELEC en banc denied her motion via Resolution No. 5781, citing earlier policy Resolutions No. 5584 (in relation to 4801) and amended by 5666, affirming its motu proprio power to cancel certificates of candidacy and its procedures for proclaimed candidates found ineligible.
- Cipriano then filed a petition for certiorari before the Supreme Court, challenging the validity of Resolutions No. 5363 and No. 5781 as unconstitutional and void for grave abuse of discretion.
Material Facts
- Certificate of Candidacy filed and received by COMELEC on June 7, 2002.
- Election Officer’s report under COMELEC Resolution No. 4801: verify voter registration and qualifications; report non-registered voters to Law Department within three days.
- Law Department recommended denial or cancellation of candidacies of those not registered in the barangay where they ran.
- COMELEC’s policy (Resolution No. 5584, amended by 5666) establishes steps for:
• Deleting ineligible names from official lists;
• Ordering disqualified or cancelled-certificate candidates to cease taking office;
• Reconvening canvassers to proclaim correct winners. - Cipriano was proclaimed, assumed office, then her certificate was cancelled retroactively.