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Agusan Del Norte vs. COMELEC

The Commission on Elections (COMELEC) issued a resolution allocating two additional seats to the Sangguniang Panlalawigan (SP) of Agusan del Norte province after it was reclassified from a 3rd to 2nd class province months before the 2004 elections. However, COMELEC had already suspended implementing the additional seats by election time. After the election, COMELEC approved proclaiming the additional candidates through a new Provincial Board of Canvassers. The petitioner claimed this was illegal as only 8 candidates were originally proclaimed. However, the Supreme Court ruled that COMELEC acted properly within its broad powers and did not gravely abuse its discretion. The Court denied the petition.

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128 views2 pages

Agusan Del Norte vs. COMELEC

The Commission on Elections (COMELEC) issued a resolution allocating two additional seats to the Sangguniang Panlalawigan (SP) of Agusan del Norte province after it was reclassified from a 3rd to 2nd class province months before the 2004 elections. However, COMELEC had already suspended implementing the additional seats by election time. After the election, COMELEC approved proclaiming the additional candidates through a new Provincial Board of Canvassers. The petitioner claimed this was illegal as only 8 candidates were originally proclaimed. However, the Supreme Court ruled that COMELEC acted properly within its broad powers and did not gravely abuse its discretion. The Court denied the petition.

Uploaded by

Lloyd David P. Vicedo
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

165080             April 24, 2007


THE PROVINCE OF AGUSAN DEL NORTE, hereto represented by GOVERNOR
ERLPE JOHN M. AMANTE, Petitioner,
vs.
THE COMMISSION ON ELECTIONS (COMELEC), Respondents.
GARCIA, J.
FACTS:
Months before the 2004 elections, Agusan was reclassfied from 3 rd to a 2nd class
province; thus, the COMELEC issued a Resolution allocating it 2 additional
Sangguniang Panlalawigan (SP) seats (from 8 to 10 seats). Two months before
election, the SP then expressed gratitude and informed the COMELEC that it shall
implement the same in the upcoming elections. In turn, Joson (COMELEC’s Director for
Operations) recommended that the Committee on Printing and other COMELEC
committees to effect the changes in the ballots by allowing two more spaces in the
Agusan del Norte Provincial Board. However, the SP did not know that, as they
accepted the allocation two months before election, the COMELEC had already
suspended the implementation of such allocation.
After the election, only 8 candidates were proclaimed. Joson recommended to revisit
the Resolution and COMELEC en banc approved the same and the additional
candidates be proclaimed by a new Provincial Board of Canvassers. Petitioner (Gov.
Amante) contends that it was illegal because only 8 were originally proclaimed by the
regular PBOC.
ISSUE:
Whether the COMELEC erred in proclaiming the additional SP candidates.
RULING:
No. The COMELEC is correct in proclaiming the candidates.
There can be no dispute that, after its knowledge of the additional allocation of seats,
the SP had filed its petition accepting the additional seats and even proposing a
deadline for the filing of the certificates of candidacy for the additional SP seats.
COMELEC deserves to be accorded by the Court the greatest measure of presumption
of regularity in its course of action and choice of means in performing its duties,
because the Constitution invests the COMELEC with broad power to enforce and
administer all laws and regulations relative to the conduct of an election, plebiscite and
other electoral exercises.
To be sure, there is no clear showing that the COMELEC’s order to proclaim was made
in grave abuse of discretion. COMELEC has to make snap judgments to meet
unforeseen circumstances that threaten to subvert the will of our voters. Moreover, the
COMELEC was justified in constituting a new PBOC for the purpose of canvassing and
proclaiming the 8th and 9th placed winning SP candidates.
Petition is DENIED.

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