Constitutional Law 1 - page 2

FACTS: As the municipal board of canvassers was preparing to canvass the election returns, petitioners shought the exclusion of several election returns claiming that such returns were prepared under extreme duress, intimidation and political pressure and influence. ISSUE(S): Whether or not COMELEC committed grave abuse of discretion when it unilaterally disregarded the evidence of coercion that attended the preparation of the returns. HELD: NO. COMELEC, as a general rule, need not go beyond the face of the returns and investigate alleged election irregularities.

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FACTS: UNIDO sent letters to COMELEC requesting equal opportunity to the same time and number of TV and radio stations all over the country which were utilized by the President to lead the campaign for “YES” votes on the proposed constitutional amendments. COMELEC denied said request. ISSUE(S): Whether or not UNIDO was denied equal protection by virtue of the COMELEC’s denial of their request. HELD: NO. Section 5, Article XII-C of the Constitution circumscribes the relevant powers of the COMELEC. Section 5 provides that the enjoyment or utilization of all franchisees or permits for the operation of transportation and other…

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FACTS: As an aftermath of the congressional election, complaints for violations of Section 261 of the Omnibus Election Code were filed with the Office of the Provincial Fiscal. After preliminary investigation of the foregoing complaints, the provincial fiscal filed in the RTC the criminal complaints against private respondents for vote-buying and for carrrying a deadly weapon. Respondent judge motu proprio dismissed the information filed by the provincial fiscal. ISSUE(S): Whether or not COMELEC has the authority to deputize the chief state prosecutors, provincial and city fiscals and their assistants under Section 2(4) and (8), Article IX-C of the Constitution. HELD:…

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FACTS: Petitioners were on their way to register for the elections when they were led to Precinct No. 83-A of Barangay 18 where they eventually registered. Upon realizing that their residence is situated within the jurisdiction of Barangay 28, petitioners proceeded to Precinct No. 129-A of Barangay 28 and registered anew. ISSUE(S): Whether or not COMELEC en banc committed grave abuse of discretion in recommending the prosecution of petitioners. HELD: NO. The COMELEC acted in accordance with Section 9(b), Rule 34 of the 1993 COMELEC Rules of Procedure governing the prosecution of election offenses in meeting en banc in the…

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FACTS: On 06 Feb 1988, a permanent nursing attendant filed a complaint agaisnt the OIC-Mayor with the COMELEC for allegedly transferring her to a very remote barangay without prioer permission or clearance from the COMELEC. On 26 Sep 1988, a criminal case was filed with the respondent court for violation of Secrion 261, Paragraph h of the Omnibus Election Code. ISSUE(S): Whethe ror not a preliminary investigation conducted by a provincial election supervisor involving election offenses have to be coursed throught the provincial fiscal before the RTC may take cognizance of the investigation and determine whether there is probable cause.…

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FACTS: After the local elections of 18 Jan 1980, Ananias Hibo filed with the COMELEC a complaint charging petitioner Rogelio de Jesus, then COMELEC registrar of Casiguran, with violation of the 1978 Election Code. Assistant Fiscals Manuel Genova and Delfin Tarog, in their capacity as deputized Tanodbayan prosecutors, conducted an investigation. ISSUE(S): Whether or not the Tanodbayan and the Sandiganbayan have the power to investigate, prosecute, and try election offenses committed by a public officer in relation to his office. HELD: NO. The evident constitutional intendement in bestowing the power to enforce and administer all laws relative to the conduct…

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FACTS: Respondent Antonio Suyat and petitioner Alberto Jaramilla both ran for the position of member of the Sangguniang Bayan in the Municipality of Sta. Cruz, Ilocos Sur in the 14 May 2001 elections. Upon review by Suyat of the tabulated results issued by the Municipal Board of Canvassers of Sta. Cruz, he discovered that Jaramilla was credited 23 votes per election return from precinct 34A1. However, when the figures were forwarded to the Statement of Votes by precinct, Jaramilla was credited with 73 votes for the said precinct. ISSUE(S): Whether or not COMELEC en banc may take cognizance of the…

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FACTS: Congress enacted R.A. No. 8436 authorizing COMELEC to use an automated election system for the process of voting, counting of votes and canvassing/consolidating the results of national and local elections. COMELEC subsequently approved Resolution 6712 adopting the policy that the precint election results of each city and municipality shall be immediately transmitted electronically in advance to the COMELEC in Manila. Petitioners questioned the constitutionality of the quickcount as being preemptive of the authority vested in Congress to canvass the votes for the President and Vice-President under Article VII, Section 4 of the Constitutuion. ISSUE(S): Whether or not COMELEC may…

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FACTS: Angel Pamplina, a mimeograph operator at the University of the Philippines School of Economics, was dismissed on 22 Jun 1982 after he was found guilty of dishonesty and grave misconduct for causing the leakage of final examination questions in Economics 106 under Prof. Solita Monsod. ISSUE(S): Whether or not CSC has jurisdiction over the university which was vested under its charter, Act No. 1870, with academic freedom and institutional autonomy. HELD: YES. As a mere government-owned or controlled corporation, UP was clearly a part of the Civil Service under the 1973 Constitution and now continues to do so because…

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FACTS: The Office of the Ombudsman’s Special Prosecution Officer filed an information against Nita Buenaobra, chairman of the Komisyon sa Wikang Pilipino, with the Sandiganbayan for violation of Section 4(e) of R.A. No. 3019 for allegedly causing undue injury to the government through gross inexcusable negligence in connection with the unauthorized reprinting of the Diksyunaryo ng Wikang Pilipino. The Sandiganbayan ordered a reinvestigation while the Presidential Anti-Graft Commission (PAGC) conducted a parallel administrative investigation against respondent charging her with the same acts and ommissions subject of the Sandiganbayan case. On 11 Apr 2003, petitioner adopted PAGC’s recommendation and dismissed respondent…

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