Sarmiento v COMELEC; GR No. 105628; 06 Aug 1992; 212 SCRA 307 (1992)

in Legal Chyme by

Petitioners impugned the challenged resolutions of the Commission on Elections in pre-proclamation cases classified as special cases.

Whether or not the Commission on Elections en banc may hear and decide pre-proclamation cases classified as special cases.

NO. Article IX-C, Section 3 of the Constitution expressly provides that election cases include pre-proclamation controversies, and all such cases must first be heard and decided by a division of the commission. The commission, sitting en banc, does not have the authority to hear and decide the same at the first instance.

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