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Eding Vs Comelec

The Supreme Court upheld the jurisdiction of the Commission on Elections (COMELEC) to issue writs of certiorari against orders from Regional Trial Courts (RTCs) in election cases. Specifically, the COMELEC issued a temporary restraining order against an RTC order that declared petitioner Edding the winner of a mayoral race over respondent Bernardo. The Supreme Court ruled that under the Constitution and relevant statutes, the COMELEC has exclusive authority to issue writs of certiorari, prohibition, and mandamus in election cases that it has appellate jurisdiction over.

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Jessamine Orioque
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181 views1 page

Eding Vs Comelec

The Supreme Court upheld the jurisdiction of the Commission on Elections (COMELEC) to issue writs of certiorari against orders from Regional Trial Courts (RTCs) in election cases. Specifically, the COMELEC issued a temporary restraining order against an RTC order that declared petitioner Edding the winner of a mayoral race over respondent Bernardo. The Supreme Court ruled that under the Constitution and relevant statutes, the COMELEC has exclusive authority to issue writs of certiorari, prohibition, and mandamus in election cases that it has appellate jurisdiction over.

Uploaded by

Jessamine Orioque
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Edding vs.

Comelec
NORBI H. EDDING VS.
COMMISSION ON ELECTIONS AND PABLO BERNARDO
G.R. No. 112060, July 17, 1995

FACTS:

 Petitioner Norbi H. Edding and respondent Pablo S. Bernardo were among the candidates for the office
of the municipal mayor of Sibuco, Zamboanga Del Norte during the May 1992 elections. After the
canvassing of the election returns, Bernardo was declared winner over Edding by 212 votes. 
Unconvinced and alleging massive election fraud, Edding filed an election protest on June 9, 1992 with
the Regional Trial Court of Sindangan, Zamboanga  Del Norte docketed as Election Case No. SE-10.
Upon termination of the protest proceedings and recounting of the ballots, the RTC rendered judgment on
July 2, 1993 proclaiming Edding as the winner of the election for the mayoralty seat of Sibuco,
Zamboanga del Norte, and declaring as null and void the election of respondent Bernardo so that on July
15, 1993, Edding assumed office and replaced Bernardo.

On July 16, 1993, Bernardo filed with the COMELEC a Petition for Certiorari with Application for
Preliminary Injunction and for Issuance of a Temporary Restraining Order, docketed as SPR No. 5-93
seeking to enjoin the Order of the RTC granting execution pending appeal. The COMELEC gave due
course to the petition, and issued a temporary restraining order on July 19, 1993.

ISSUE:
 Whether the Commission on Elections (COMELEC) has jurisdiction to issue Writs of Certiorari against
the interlocutory order of the Regional Trial Court (RTC) in election cases.

RULING:
 This court upheld the jurisdiction of the COMELEC to issue writs of certiorari, prohibition and
mandamus over election cases where it has appellate jurisdiction by virtue of Section 50 of Batas
Pambansa Blg. 697, which provides as follows: "SEC. 50. Definition. - x x x The commission is
hereby vested with the exclusive authority to hear and decide petitions for certiorari, prohibition
and mandamus involving election cases."

COMELEC has the power to issue writs of certiorari, prohibition and mandamus, invoking Sections 2(2)
and 3 of Article IX of the 1987 Constitution, which provides in part: "Sec. 2. The commission on elections
shall exercise the following powers and functions: x x x (2) xxx appellate jurisdiction over all contests
involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective
barangay officials decided by trial courts of limited jurisdiction. xxx 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 case, including pre-proclamation controversies.  x x x"

The Commission is hereby vested with the exclusive authority to hear and decide petitions for
certiorari, prohibition and mandamus involving election cases.  

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