Case Digest: FELIX BAROT v. COMMISSION ON ELECTIONS CITY BOARD OF CANVASSERS OF TANJAN CITY, et al. 404 SCRA 352 (2003)

FELIX BAROT v. COMMISSION ON ELECTIONS CITY BOARD OF CANVASSERS OF TANJAN CITY, et al. 404 SCRA 352 (2003)

Petitioner Felix Barot and private respondent Rolando Tabaloc were candidates for councilor of Tanjay City, Negros Oriental in the May 14, 2001 elections. The Board of Canvassers (BOC) proclaimed the winning candidates for mayor, vice-mayor, and ten councilors including Barot who was proclaimed the 10th. Then, BOC Chair Nochefranca requested the COMELEC En Banc for authority to correct the erroneous entries in the Certificate of Canvass of Votes and Proclamation of the Winning Candidates, and to proclaim Tabaloc in place of Barot. The COMELEC En Banc granted the request and annulled the proclamation of Barot. Hence, this petition. Barot contends that COMELEC has no jurisdiction over the petition for the same has been filed beyond the reglementary period.

ISSUE:

Whether or not COMELEC En Banc has jurisdiction acquired jurisdiction over the petition.

HELD:

As to the claim that the petition was not filed within the reglementary period, it should be noted that the 5-day period to file a petition for correction may be done after proclamation as provided under paragraph (b), Section 5, Rule 27 of the COMELEC Rules. The petition may also be made before proclamation as provided in Section 34 of Resolution No. 3848 which furnishes instructions for the Municipal, City, District and Provincial Boards of Canvassers in connection with the May 14, 2001 national and local elections. At all events, Section 4, Rule 1 of the COMELEC Rules provides that in the interest of justice and in order to obtain speedy disposition of all the matters pending before the Commission, these rules or any portion thereof may be suspended by the Commission. The COMELEC thus has the discretion to suspend its rules or any portion thereof in the interest of justice such that even if the petition was filed 12 days after the proclamation, the COMELEC may, in the interest of justice, disregard the reglementary periods provided by the rules and resolve the matter filed before it.