CASE #: 57
TOPIC: Powers under Constitutional Bodies – Electoral Trbibunals G.R. No. 1781! 1781!
"ar. "ar. 1!# $%%8
petitioner-appellee , vs. TITLE TITLE:: Aquili Aquilino no Pimen Pimentel tel III III petitioner-appellee vs. The The Comm Commis issi sion on on Elec Electi tion ons s respondent- appellant
N&T'RE N&T'RE O( &CTION: )*ecial Ci+il &ction in t,e )u*re-e Court – Certiorari and "anda-us
FACTS:
&t t,e ti-e o ilin/ o t,e *etition 0"a 1# 1# $%%72# 11 11 candidates were alread alread oiciall oiciall *roclai-ed
Onl re-ainin/ contenders or t,e twelt, and inal senatorial *ost were &3uilino Pi-entel III and *ri+ate res*ondent 4uan "i/uel (. 5ubiri
Public Public res*ondent res*ondent CO"E6EC CO"E6EC actin/ actin/ as t,e National Board o Can+asser Can+assers s continued continued to conduct conduct can+ass *roceedin/s to deter-ine t,e twelt, and last )enatorelect
Side of the Petitione!A""ellee Petitione!A""ellee :
Pi-entel is assailin/ t,e *roceedin/s beore t,e NBC and its constituted )*ecial Pro+incial Board o Can+assers or "a/uindanao in w,ic, t,e Pro+incial and "unica*al Certiicates o Can+ass ro- t,e *ro+ince o "a/uindanao
e is alle/in/ t,at ,e was de*ri+ed o ,is constitutionall /uaranteed ri/,t o due *rocess w,en ,is counsel counsel was *ro,ibited *ro,ibited ro- as9in/ 3uestions 3uestions to PE) Bedol 0or-er *ro+incial *ro+incial election su*er+isor2 and t,e C,air*ersons o t,e "BOCs"a/uindanao
e is also alle/in/ alle/in/ t,at t,e second "a/uindanao "a/uindanao PCOC ro- t,e national can+ass can+ass was ta-*ered wit,# alsiied and ull o discre*ancies because it was onl co* $ 0co*ies intended to be *osted on t,e wall2
Side of the es"ondent!A""ell$nt es"ondent!A""ell$nt:
5ubiri was t,en *roclai-ed as t,e winner and iled or t,e dis-issal o Pi-entels *etition ar/uin/ t,at *ursuant to ,is assu-*tion o oice# contro+ersies in+ol+in/ ,is election and 3ualiication now ell under t,e e;clusi+e
I))'E): =ON CO"E6EC ,ad : NO. &ccordin &ccordin/ / to &rt. ?I# )ec. 17 o t,e Constituti Constitution# on# t,e )enate )enate Electoral Electoral s,all be t,e sole
underscores t,e e;clusi+it o t,e electoral tribunals
>OCTRINE: CONC'RRING OR >I))ENTING OPINION):
