Zarate vs COMELEC

Zarate vs COMELEC

FACTS:

Julian Lallave, Jr. won the 1996 SK Elections of Brgy Ican, Malasiqui, Pangasinan, garnering a total of 46 votes over Marivic Zarate who garnered 45 votes.
Unsatisfied with the proclamation by the Barangay Board of Canvassers, Zarate filed an election protest before the Municipal Trial Court stating that three or more votes that read “JL” should not have been credited in favor of Lallave. Zarate further stated that the votes bearing “JL” were stray votes and that there was no candidate with the name or nickname of “JL”.
The Municipal Trial Court rendered it decision in favor of petitioner Zarate, declaring 8 of the original 46 votes invalid.
Lallave appealed to the Commission on Elections theorizing that the votes reading “JL” should be credited in his favour considering that such initials sufficiently identify him as the candidate and that the votes bearing “Julian, Jr de Real”, “Notno Lallave”, and “Nono de Real” should have been credited as well being his nickname and middlename, respectively.
The appeal by Lallave was not referred to a division of the Commission but was, instead, submitted to the Commission en banc.The COMELEC en banc annulled the decision of the Municipal Trial Court and declared Lallave as the elected SK chairman.

Issue:

Whether or not the Commission on Elections committed a grave abuse of discretion amounting to lack or excess of jurisdiction?

Held:

Yes. The COMELEC en banc acted without jurisdiction without first referring the case to any of its division. The petition for annulling the COMELEC’s decision was granted and was set aside. The Commission was ordered to assign the case to a division.

Ratio:

The recourse of respondent Lallave transgressed Section 3 Article IX of the Constitution which provides that “...election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.”