Mendoza vs Comelec Digest Uploaded by Mary Grace Sevilla
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Mendoza v Comelec
Pilipinas Kao, Inc. vs. Court of
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Mendoza vs Comelec, GR 188308, October 15, 2009 Sheet Music
Facts:
The petitioner and the private respondent Roberto M. Pagdanganan vied fo position of Governor of the Province of Bulacan in the May 14, 2007 elections. petitioner was proclaimed winning candidate and assumed the office of Governor. The
respondent
seasonably
filed
an
election
protest
with
COMELEC. Revision of ballots involving the protested and counter-protested preci soon
followed.
The
revision
was
conducted
at
the
COMELEC’s
office
Intramuros. The COMELEC later transferred the some ballot boxes, including th
involved in the provincial election contest, to the Senate Electoral Trib (SET ). ). Because of this, petitioner moved to suspend further proceedings but denied by the COMELEC, ruling that the COMELEC has plenary powers to
alternative methods to facilitate the resolution of the election protest; thus, it conclu
that it would continue the proceedings after proper coordination with the SET. T
prompted petitioner to file a petition for certiorari asserting that the COMEL
exercising judicial power, conducted proceedings in the election contest within S
premises for the gubernatorial position of the Province of Bulacan, between him and
respondent Pagdanganan, without due regard to his fundamental due process right notice and participation.
The COMELEC, claims that its decision-making deliberations are internal, confide and do not require notice to and the participation of the contending parties. Issue:
Whether or not COMELEC has judicial power.
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UsefulSupreme Not useful No. Judicial power in our country is vested in one Court and in s lower courts as may be established by law.
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Mendoza vs Comelec Digest Uploaded by Mary Grace Sevilla
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Quasi-judicial function
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Mendoza v Comelec
Pilipinas Kao, Inc. vs. Court of
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Under these terms, the COMELEC under our governmental structure is a constituti administrative agency and its powers are essentially executive in nature (i.e., to enfo and administer election laws), quasi-judicial (to exercise original jurisdiction election contests of regional, provincial and city officials and appellate jurisdiction o election contests of other lower ranking officials), and quasi-legislative (rulemaking all questions affecting elections and the promulgation of its rules of procedure).
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