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Sections 37 and 38 of RA 9369 do not violate the Philippine Constitution. The law allows Congress and the Commission on Elections to entertain pre-proclamation cases regarding the authentication of election results, which does not conflict with or undermine the jurisdiction of the Presidential Electoral Tribunal or Senate Electoral Tribunal. Those tribunals have jurisdiction over election contests only after candidates have been proclaimed winners. Congress and the Comelec exercise a different power before proclamation to verify certificates of canvass, not interfere with the later work of the tribunals. Therefore, RA 9369 is constitutional.
Sections 37 and 38 of RA 9369 do not violate the Philippine Constitution. The law allows Congress and the Commission on Elections to entertain pre-proclamation cases regarding the authentication of election results, which does not conflict with or undermine the jurisdiction of the Presidential Electoral Tribunal or Senate Electoral Tribunal. Those tribunals have jurisdiction over election contests only after candidates have been proclaimed winners. Congress and the Comelec exercise a different power before proclamation to verify certificates of canvass, not interfere with the later work of the tribunals. Therefore, RA 9369 is constitutional.
Sections 37 and 38 of RA 9369 do not violate the Philippine Constitution. The law allows Congress and the Commission on Elections to entertain pre-proclamation cases regarding the authentication of election results, which does not conflict with or undermine the jurisdiction of the Presidential Electoral Tribunal or Senate Electoral Tribunal. Those tribunals have jurisdiction over election contests only after candidates have been proclaimed winners. Congress and the Comelec exercise a different power before proclamation to verify certificates of canvass, not interfere with the later work of the tribunals. Therefore, RA 9369 is constitutional.
COMELEC Whether sections Sections 37 and 38 do not violate
37 and 38 violate section 17, article vi and BANAT filed for a petition for section 17, article paragraph 7, section 4, article vii prohibition with a prayer for vi and paragraph 7, of the constitution. Petitioners the issuance of a t.r.o. or a section 4, article argument that sections 37 and writ of preliminary injunction vii of the 38 violate the constitution by on RA 9369, assailing its constitution impairing the powers of the constitutionality and enjoining presidential electoral tribunal (pet) COMELEC from implementing and the senate electoral tribunal the statute. RA 9369 is a (set) does not hold consolidated bill amending water. According to petitioner, various election rules. under the amended provisions, Allegedly this RA violates Sec congress as the national board of 26 of Article 6 of the canvassers for the election of Constitution. Also Petitioner president and vice president assails the constitutionality of (congress), and the comelec en Sections 34, 37, 38, and 43 of banc as the national board of RA 9369. canvassers (comelec en banc), for the election of senators may now entertain pre-proclamation cases in the election of the president, vice president, and senators. Petitioner concludes that in entertaining pre- proclamation cases, congress and the comelec en banc undermine the independence and encroach upon the jurisdiction of the pet and the set. In the present case, congress and the comelec en banc do not encroach upon the jurisdiction of the pet and the set. there is no conflict of jurisdiction since the powers of congress and the comelec en banc, on one hand, and the pet and the set, on the other, are exercised on different occasions and for different purposes. the pet is the sole judge of all contests relating to the election, returns and qualifications of the president or vice president. the set is the sole judge of all contests relating to the election, returns, and qualifications of members of the senate. the jurisdiction of the pet and the set can only be invoked once the winning presidential, vice presidential or senatorial candidates have been proclaimed. on the other hand, under section 37, congress and the comelec en banc shall determine only the authenticity and due execution of the certificates of canvass. congress and the comelec en banc shall exercise this power before the proclamation of the winning presidential, vice presidential, and senatorial candidates.