Municipal Board of Canvassers of Glan vs.

COMELEC
Facts:
A pre- proclamation controversy instituted by respondent Flora
Benzonan and COMELEC. Benzonan who was a mayoralty
candidate in the Municipality of Glan, Sarangani during 2001 sought
to declare null and void the canvass conducted by the Municipal
Board of Canvassers of Glan and to recall the proclamation of
petitioners respectively. Respondent argued here pre-proclamation
case
on
the
ground
that
:
1. After the original and second Municipal Board of Canvassers had
resigned, the third Municipal Board of Canvassers was illegally
constituted as it as its Chairman, Vice Chairman and Secretary which
are
not
qualified
over
Omnibus
Code.
2. The canvassing proceeding with more initially held in the Session
Hall of Sangunian Bayan were latter transferred to the Provincial
Capitol
at
Danao
contrary
to
COMELEC
Resolution.
3. The Secretary of Municipal Board of Canvassers failed to record
the
minutes
of
the
canvassing.
4. Neither Benzonan nor her representatives were the last three days
of
the
canvassing
proceeding.
5. A sustancial number of election returns had been tampered with of
falsificated.
6. Municipal Board of Canvassers falsificated the Certificate of
Canvass
Vote.

The COMELEC en banc issued a resolution finding the based on the

evidence presented the proclamation of the winning candidates were
declared null and void. And a re-canvass of the election returns was
ordered. Arising from the said decision was a petition for Certiorari
filed to review the COMELEC en bancs resolution and praying that a
Temporary Restraining Order be given for the reason that COMELEC
was not in the proper jurisdiction to render such resolution.
Issue:
Whether or not the COMELEC en banc has a jurisdiction over the
case.
Held:
Not all cases relating to election laws filed before the comelec are
required to be first heard by a division. Under the constitution the
COMELEC exercise both the administrative and quasi-judicial
powers. The COMELEC en banc can act directly on matters falling
with in its administrative powers. It is only when the exercise of
quasi-judicial powers are involved that the COMELEC is mandated to
decide cases first in division. It is clear that this case is one that
involves a pre proclamation controversy that requires the exercise of
the COMELECs quasi-judicial powers as the illegality of the
composition and proceedings of the Municipal Board of Canvassers.
Also, Benzonan filed her pre proclamation case directly with the
COMELEC en banc. Since COMELEC en banc is without jurisdiction
to decide cases involving such, the procedure taken by Benzonan
resulted in a resolution in her favor thus declare null and void.