Case Digest On Carlos v. Angeles G.R. No. 142907 (Nov. 29, 2000)
Case Digest On Carlos v. Angeles G.R. No. 142907 (Nov. 29, 2000)
29, 2000)
FACTS: Petitioner and private respondent were candidates for the position of mayor of the municipality of Valenzuela, Metro Manila (later converted into a City) during the May 11, 1998 elections. The Board of Canvassers proclaimed petitioner as the mayor. The private respondent filed an election protest with the RTC. The court came up with revision reports which also showed that the petitioner got the highest number of votes. Nevertheless, in its decision, the trial court set aside the final tally of valid votes because of its finding of significant badges of fraud, which it attributed to the present petitioner. The court then declared private respondent as the winner. The petitioner appealed to the COMELEC, and also filed a petition to the SC questioning the decision of the RTC. The private respondent questioned the jurisdiction of the SC. HELD: Both the SC and COMELEC have concurrent jurisdiction to issue writs of certiorari, prohibition, and mandamus over decisions of trial courts of general jurisdiction (RTCs) in election cases involving elective municipal officials. The Court that takes jurisdiction first shall exercise exclusive jurisdiction over the case. Relative to the appeal that petitioner filed with the COMELEC, the same would not bar the present action as an exception to the rule because under the circumstances, appeal would not be a speedy and adequate remedy in the ordinary course of law. The power to nullify an election must be exercised with the greatest care with a view not to disenfranchise the voters, and only under circumstances that clearly call for such drastic remedial measure. More importantly, the trial court has no jurisdiction to declare a failure of election. It is the COMELEC en banc that is vested with exclusive jurisdiction to declare a failure of election. Assuming that the trial court has jurisdiction to declare a failure of election, the extent of that power is limited to the annulment of the election and the calling of special elections. The result is a failure of election for that particular office. In such case, the court cannot declare a winner.