Edding vs. Comelec

NORBI H. EDDING VS.

COMMISSION ON ELECTIONS AND PABLO BERNARDO

G.R. No. 112060, July 17, 1995

FACTS:

 Petitioner Norbi H. Edding and respondent Pablo S. Bernardo were among the candidates for the office of the municipal mayor of Sibuco, Zamboanga Del Norte during the May 1992 elections. After the canvassing of the election returns, Bernardo was declared winner over Edding by 212 votes.  Unconvinced and alleging massive election fraud, Edding filed an election protest on June 9, 1992 with the Regional Trial Court of Sindangan, Zamboanga  Del Norte docketed as Election Case No. SE-10. Upon termination of the protest proceedings and recounting of the ballots, the RTC rendered judgment on July 2, 1993 proclaiming Edding as the winner of the election for the mayoralty seat of Sibuco, Zamboanga del Norte, and declaring as null and void the election of respondent Bernardo so that on July 15, 1993, Edding assumed office and replaced Bernardo.

On July 16, 1993, Bernardo filed with the COMELEC a Petition for Certiorari with Application for Preliminary Injunction and for Issuance of a Temporary Restraining Order, docketed as SPR No. 5-93 seeking to enjoin the Order of the RTC granting execution pending appeal. The COMELEC gave due course to the petition, and issued a temporary restraining order on July 19, 1993.

ISSUE:

 Whether the Commission on Elections (COMELEC) has jurisdiction to issue Writs of Certiorari against the interlocutory order of the Regional Trial Court (RTC) in election cases.

RULING:

 This court upheld the jurisdiction of the COMELEC to issue writs of certiorari, prohibition and mandamus over election cases where it has appellate jurisdiction by virtue of Section 50 of Batas Pambansa Blg. 697, which provides as follows: "SEC. 50. Definition. - x x x The commission is hereby vested with the exclusive authority to hear and decide petitions for certiorari, prohibition and mandamus involving election cases."

COMELEC has the power to issue writs of certiorari, prohibition and mandamus, invoking Sections 2(2) and 3 of Article IX of the 1987 Constitution, which provides in part: "Sec. 2. The commission on elections shall exercise the following powers and functions: x x x (2) xxx appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. xxx Sec. 3. The commission on elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election case, including pre-proclamation controversies.  x x x"

The Commission is hereby vested with the exclusive authority to hear and decide petitions for certiorari, prohibition and mandamus involving election cases.