Title
Ferdez vs. Commission on Elections
Case
G.R. No. 176296
Decision Date
Jun 30, 2008
SK election protest dismissed as moot; COMELEC affirmed appellate jurisdiction over SK contests, term expired.

Case Summary (G.R. No. 176296)

Trial Court Decision

Fernandez contested the election results, filing an election protest (Election Case No. P-192) with the 4th Municipal Circuit Trial Court (MCTC) of Pandan-Caramoran. After proceedings, the MCTC ruled in favor of Fernandez on January 12, 2004, declaring her the duly elected SK chairman based on a revision of votes that showed her receiving 29 votes compared to Rodriguez's 24 votes.

COMELEC's Ruling

Unsatisfied with the MCTC's ruling, Rodriguez appealed to the COMELEC, which on December 4, 2006, rendered a resolution nullifying the MCTC's decision. The COMELEC determined that three ballots, previously counted for Fernandez, had been tampered by another person to falsely reflect votes for her. Thus, the COMELEC adjusted the tally to declare Rodriguez the winner by one vote (26 to 27) after deducting the fraudulent votes.

Motion for Reconsideration and Petition

Fernandez subsequently filed a motion for reconsideration, which was denied by the COMELEC on January 31, 2007, due to its late filing. Following this, Fernandez filed a petition for certiorari and prohibition, arguing that the COMELEC lacked appellate jurisdiction over SK elections decided by lower trial courts and claiming significant abuse of discretion in nullifying the MCTC's judgment.

Court's Dismissal of Petition

The Supreme Court dismissed Fernandez's petition, concluding that the issue was moot since the term for the contested SK position had expired. The extended term under Republic Act No. 9340 meant that the position would no longer exist for practical legal determination, rendering any court ruling without effect.

Issue of Jurisdiction

Despite dismissing the petition, the Court addressed the jurisdictional issue raised by Fernandez for the benefit of future cases. The 1987 Constitution grants COMELEC appellate jurisdiction over contests concerning elective barangay offici

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