Sarmiento vs. COMELEC 212 SCRA 307 August 6, 1992 Fats! This special civil action for certiorari seek to set aside the Resolutions of Respondent Commission on Elections (COMELEC) in the following Special Cases !) "#R# $o# !%&' * S+C $o# ) "#R# $o# !%&.& * S+C $o# /) "#R# $o# !%&.. * S+C $o# 0) "#R# $o# !%&./% * S+C $o# &) "#R# $o# !%&..! * S+C $o# ') "#R# $o# !%&.. * S+C $o# .) "#R# $o# !%&.,. * S+C $o# ) "#R# $o# !%&,!, * S+C $o# ,) "#R# $o# !%&,.. * S+C $o#
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"ssue! 1hether the challenged Resolutions a2ove specified (the S+C) as having 2een issued with grave a2use of discretion in that3 inter alia3 the Commission Commission33 sitting en 2anc3 took cogni4ance of and decided the appeals without first referring them to an5 of it 6ivisions# #e$%! The COMELEC en 2anc acted without 7urisdiction3 or with grave a2use of discretion3 when it resolved the appeals of petitioners in the a2ove mentioned Special Cases without first referring them to an5 of its 6ivisions# Section /3 su2division C3 8rticle 9: of the !,. Constitution e;pressl5 provides Sec. 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order order to expedite disposition of of election cases, cases, including including pre-proclamation pre-proclamation controversies controversies.. ll such election cases shall be heard and decided in division, provided that motions for reconsideration reconsideration of decisions shall be decided by the Commissio Commission n en banc. Said !esolutions are therefore, null and void and must be set aside. Conse"uently, the appeals are deemed pending before the the Commission Commission for proper referral referral to a #ivision. #ivision. 8 resolution resolution directing the COMELEC to assign said Special Cases to the 6ivisions pursuant to Section 3 Rule / of its Rules on assignment of cases would3 logicall53 2e in order#
!) "#R# $o# !%&' * S+C $o# ,-'' granting the appeal from the ruling of the Municipal >oard of Canvassers of ?irac3 Catanduanes which ordered the e;clusion from the canvass of one (!) election return@
) "#R# $o# !%&.& * S+C $o# ,-// reversing the ruling of the Cit5 >oard of Canvassers of 9riga Cit5 which ordered the e;clusion from the canvass of si; (') election returns and in A$6 $o# ,-0/ ordering the said >oard of Canvassers to include in the canvass the election returns involved therein@
/) "#R# $o# !%&.. * S+C $o# ,- dismissing the appeal of petitioner from the r uling of the +rovincial >oard of Canvassers of Catanduanes which ordered the inclusion in the canvass the certificate of canvass for the municipalit5 of ?irac3 e;cluding the returns from 0 precincts@
0) "#R# $o# !%&./% * S+C $o# ,-/!& affirming the ruling of the Municipal >oard of Canvassers of =ose +angani2an3 Camarines $orte which dismissed petitionerBs opposition to the composition of the said Municipal >oard of Canvassers@
&) "#R# $o# !%&..! * S+C $o# ,-.! affirming the ruling of the Municipal >oard of Canvassers of Ca2usao3 Camarines Sur which3 among others3 re7ected petitionerBs o27ection to certain election returns@
') "#R# $o# !%&.. * S+C $o# ,-%/, dismissing said case for non-compliance with Section % of R#8# $o# .!''@
.) "#R# $o# !%&.,. * S+C $o# ,-!&/ affirming the rulings of the +rovincial >oard of Canvassers of 6avao Oriental which re7ected petitionerBs o27ections to the canvass of some certificates of canvass@ ) "#R# $o# !%&,!, * S+C $o# ,-,/ dismissing petitionerBs appeal from the ruling of the Municipal >oard of Canvassers of Api $uro3 Maguindanao@
,) "#R# $o# !%&,.. * S+C $o# ,-%. den5ing the amended pre-proclamation petition3 which is an appeal from the rulings of the Municipal >oard of Canvassers of Ternate3 Cavite3 and den5ing a su2seuent motion to resolve the issues raised in said amended petition#
