Title
Garcia vs. De Jesus
Case
G.R. No. 88158
Decision Date
Mar 4, 1992
In 1988 local elections, disputes arose in Antipolo and Isabela over vote recounts and execution pending appeal. The Supreme Court ruled COMELEC lacks inherent writ-issuing powers, upheld RTC authority for execution pending appeal, and found no due process violations.

Case Summary (G.R. No. 88158)

Applicable Law

The 1987 Philippine Constitution primarily governs these cases, particularly focusing on the power and jurisdiction of the COMELEC regarding election contests, as well as constitutional provisions concerning due process and judicial authority.

Jurisdiction of the Commission on Elections

The common issue across these election cases is the jurisdiction of the COMELEC to issue Writs of Certiorari, Prohibition, and Mandamus in electoral contests involving municipal and barangay officials. The COMELEC asserted that the 1987 Constitution grants it appellate jurisdiction regarding contests involving elective municipal officials, allowing it to issue these writs under its rules. However, the Petitioners—Garcia and O'Hara, as well as Tobon Uy—contended that previous jurisprudence, particularly the ruling in Pimentel v. COMELEC, denied the Commission such powers as neither the 1973 Constitution nor existing laws conferred such jurisdiction.

Facts of the Antipolo Case

In the Antipolo case (G.R. No. 88158), Garcia and O'Hara were proclaimed the winning candidates for Mayor and Vice Mayor, respectively, in local elections held on January 18, 1988. An election protest was filed by De Jesus and David challenging the results in specific precincts. The RTC ordered the examination of ballots from only nine out of twenty-five protested precincts, prompting the respondents to seek a writ of certiorari and mandamus from the COMELEC, which thereafter ruled in their favor, ordering the examination of all contested precincts.

Facts of the Isabela Case

In the Isabela case (G.R. Nos. 97108-09), after initial canvassing, Neyra was declared the mayoral winner over Tobon Uy by a plurality of 28 votes. However, after a disputed ruling by the RTC that declared Uy the valid winner, Neyra sought to prohibit the RTC from executing its decision, leading to conflict over the jurisdiction of the COMELEC to issue necessary writs regarding the RTC's actions.

Arguments Regarding Jurisdiction

Petitioners argued that the COMELEC was without jurisdiction to act on petitions for certiorari and mandamus, relying on Pimentel v. COMELEC, which had established a precedent against such jurisdiction being conferred. Contrarily, the respondents argued that the express provisions of the 1987 Constitution, particularly regarding the powers and functions of the COMELEC, enable it to exercise appellate jurisdiction, including the issuance of special writs.

Nature of Jurisdiction

The decision emphasized a clear demarcation between original jurisdiction and appellate jurisdiction, the former being necessary for the issuance of writs of certiorari, prohibition, and mandamus. The Court reiterated that jurisdiction must be explicitly conferred by constitutional or statutory provisions, distinguishing the COMELEC's powers from that of the higher courts, which may exercise these writs by virtue of their original jurisdiction and established rules.

Due Process Considerations

In reviewing allegations of due process violations, particularly those regarding the alleged absence of hearings in the COMELEC's decision-making, the Court concluded that due process was observed as long as the parties were afforded adequate opportunity to present their respective arguments and pleadings.

Authority over Execution Pending Appeal

The subsidiary issue of whether Regional Trial Courts could order execution pending appeal in election contests was discussed. The Court reiterated that the COMELEC lacked authority to supplant the RTC’s discretion in this regard through its procedural rules, as such power was judicial in nature and required express legislative endorsement. Consequently,

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