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    Sarmiento V COMELEC

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    Mir Solaiman
    The Supreme Court ruled that under the 1987 Constitution, the Commission on Elections (COMELEC) must hear election cases and pre-proclamation controversies in division, not en banc, unless it is a motion for reconsideration. Specifically, Section 3 of Article IX-C of the 1987 Constitution requires the COMELEC to sit in two divisions to expedite election cases, including pre-proclamation cases. The COMELEC rules also classify pre-proclamation cases as special cases that must be heard by the two divisions, not by the full Commission en banc.

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    Sarmiento V COMELEC

    Uploaded by

    Mir Solaiman
    34 views1 page
    The Supreme Court ruled that under the 1987 Constitution, the Commission on Elections (COMELEC) must hear election cases and pre-proclamation controversies in division, not en banc, unless it is a motion for reconsideration. Specifically, Section 3 of Article IX-C of the 1987 Constitution requires the COMELEC to sit in two divisions to expedite election cases, including pre-proclamation cases. The COMELEC rules also classify pre-proclamation cases as special cases that must be heard by the two divisions, not by the full Commission en banc.

    Original Description:

    Election Law Case Digest

    Original Title

    109. Sarmiento v COMELEC

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    The Supreme Court ruled that under the 1987 Constitution, the Commission on Elections (COMELEC) must hear election cases and pre-proclamation controversies in division, not en banc, unless it is a motion for reconsideration. Specifically, Section 3 of Article IX-C of the 1987 Constitution requires the COMELEC to sit in two divisions to expedite election cases, including pre-proclamation cases. The COMELEC rules also classify pre-proclamation cases as special cases that must be heard by the two divisions, not by the full Commission en banc.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views1 page

    Sarmiento V COMELEC

    Uploaded by

    Mir Solaiman
    The Supreme Court ruled that under the 1987 Constitution, the Commission on Elections (COMELEC) must hear election cases and pre-proclamation controversies in division, not en banc, unless it is a motion for reconsideration. Specifically, Section 3 of Article IX-C of the 1987 Constitution requires the COMELEC to sit in two divisions to expedite election cases, including pre-proclamation cases. The COMELEC rules also classify pre-proclamation cases as special cases that must be heard by the two divisions, not by the full Commission en banc.

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    109.

    Sarmiento v Comelec 1992

    FACTS: The special civil actions for certiorari filed under Rule 65 of the
    Rules of Court, seek to set aside the Resolutions of respondent COMELEC EN Banc
    in the following Special Cases:

    G.R. No. 105628, G.R. No. 105725, G.R. No. 105727 , G.R. No. 105730, G.R. No.
    105771, G.R. No. 105778, G.R. No. 105797, G.R. No. 105919, G.R. No. 105977

    All of which involve either appeals to decisions of Municipal or Provincial Board of


    Canvassers, or other pre-proclamation cases elevated to the Commission.

    ISSUE: WON Comelec en banc may hear election cases and pre-proclamation
    controversies appealed to it without referring it first to the respective divisions

    HELD: No. Section 3, Article IX-C of the 1987 Constitution expressly


    provides:

    Sec. 3. The Commission on Elections may sit en banc or in two divisions, and shall
    promulgate its rules of procedure in order to expedite disposition of election cases,
    including pre-proclamation controversies. All such election cases shall be heard and
    decided in division, provided that motions for reconsideration of decisions shall be
    decided by the Commission en banc.

    The 1973 Constitution prescribed another rule. Its Section 3, subdivision C of Article
    XII provided as follows:

    Sec. 3. The Commission on Elections may sit en banc or in three divisions. All
    election cases may be heard and decided by divisions, except contests involving
    Members of the Batasang Pambansa, which shall be heard and decided en banc. . . .

    In the COMELEC RULES OF PROCEDURE, pre-proclamation cases are classified


    as Special Cases and, in compliance with the above provision of the Constitution, the
    two (2) Divisions of the Commission are vested with the authority to hear and decide
    these Special Cases. Rule 27 thereof governs Special Cases; specifically, Section 9 of
    the said Rule provides that appeals from rulings of the Board of Canvassers are
    cognizable by any of the Divisions to which they are assigned and not by the
    Commission en banc.

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