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CHAVEZ v. COMELEC
Digest by: Louis F. Palma Gil 211 SCRA 315
Dissatisfied with the failure of Comelec, Francisco Chavez
continued on to file before the SC a petition urgent petition for
Where Francisco Chaves prayed before the Comelec for the prohibition and mandamus, with prayer for the issuance of a
execution of the Court Order deleting the name of Melchor
temporary restraining order, enjoining the Comelec from
Chavez. Where Comelec allegedly failed to delete the said
proclaiming the 24th highest senatorial candidate without first
names in the ballots; The Court held that the inaction of
implementing respondent Comelec’s resolution of May 12,
Comelec in ordering the deletion of Melchor Chavez’ name is
1992 and acting upon petitioner’s letter/complaint dated May
Administrative in nature and beyond Judicial Interference.
14, 1992 and urgent petition dated May 22, 1992.
Courts can only review decisions of the Comelec when it is
acting in Grave Abuse of Discretion in the discharge of its
Chavez claims that assuming only ten (10) “Chavez” votes were
Quasi-Judicial Functions. invalidated per precinct, he would have lost at least 1.7 million
votes (considering that there are more than 170,000 precincts
FACTS: nationwide); the result of which will affect the 24 ranking
The Supreme Court issued a Resolution in a previous case senatorial candidates.
entitled Francisco Chavez v Comelec where id disqualified
Melchor Chavez herein private respondent for running for the The Court issued a TRO enjoining Comelec from proclaiming
Office of the Senator during the 1992 elections. the 24th winning senatorial candidate.
Comelec received the said resolution. ON the same day Francisco Chavez filed a manifestation praying that petition be
Francisco Chavez filed an Urgent Motion praying for the considered a regular petition.
dissemination of the said resolution to the general public and
for the deletion of the name of Melchor Chavez as printed in Senator Agapito Aquino filed a motion for leave to intervene
the certified list of candidates taly sheets, election returns and stating that the law does not allow pre-proclamation
to Count all votes cast for the disqualified Melchor in favor of controversies involving the election of members of the Senate.
Francisco Chavez.
The TRO was lifted by the Court.
Comelec issued Comelec Resolution No. 92-1322 which
resolved to delete the name Melchor Chavez from the list of ISSUE: Whether or not the action of comelec ordering the
qualified candidates. However, Comelec failed to order the deletion of Melchor Chavez’ name is quasi-judicial in nature
crediting of all Chavez votes in favor of Francisco Chavez as well such that the SC can take cognizance of the said case. (NO)
as the cancellation of “Melchor Chavez” in the name of qualified
candidates. The the name remain undeleted on election day. HELD: The Court finds the petition of Francisco Chavez
devoid of merit.
Commissioner Rama of Comelec issued a directive over radio
and TV ordering all “Chavez” votes to be credited in favor of The Comelec Resolution was Administrative in nature and
Francisco Chavez. However Francisco contends the radio and hence cannot be reviewed by the SC;
TV announcements did not reach the Board of Election The alleged inaction of respondent Comelec in ordering the
Inspectors at the 170,354 precincts nationwide. As a result, deletion of Melchor Chavez’s name in the list of qualified
“Chavez” votes were not credited in favor of of him. candidates does not call for the exercise of the Court’s function
of judicial review. This Court can review the decisions or orders
Comelec issued another resolution Comelec Resolution on of the Comelec only in cases of grave abuse of discretion
May 12 1992 for the examination of the minutes of voting committed by it in the discharge of its quasi-judicial powers and
submitted by the Board of Election Inspectors and to credit all not those arising from the exercise of its administrative
“Chavez” votes which have been declared stray or invalidated functions. Respondent Commission’s alleged failure to
by the Board of Election Inspectors. implement its own resolution is undoubtedly administrative in
nature, hence, beyond judicial interference.
However, Francisco maintains that this recent resolution
remains futile because it did not reach all Board of Election Further; Francisco Chavez has no cause of Action
Inspectors. Hence, he sent a letter requesting Comelec to A simple reading of the petition would readily show that
devise ways and means in crediting “Chavez” votes in his favor petitioner has no cause of action, the controversy presented
but the respondent Commission failed to act on said being one in the nature of a pre-proclamation. While the
letter/complaint. Commission has exclusive jurisdiction over pre-proclamation
controversies involving local elective officials (Sec. 242,
Francisco Chavez filed an urgent petition before the Comelec Omnibus Election Code), nevertheless, pre-proclamation cases
that it implement its may 12 1992 resolution, re-open the are not allowed in elections for President, Vice-President,
ballots in 13 provinces and scan for “Chavez” votes,make Senator and Member of the House of Representatives. This is
appropriate entries in the election return/certificates of canvass by virtue of Sec. 15 of Republic Act 7166.
and suspend proclamation of the 24 winning candidates.
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SOCIAL LEGISLATION | 2 - SANCHEZ ROMAN 2
It is quite obvious that petitioner’s prayer does not call for the
correction of “manifest errors in the certificates of canvass or
election returns” before the Comelec but for the re-opening of
the ballot boxes and appreciation of the ballots contained
therein.
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SOCIAL LEGISLATION | 2 - SANCHEZ ROMAN 3
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SOCIAL LEGISLATION | 2 - SANCHEZ ROMAN 4
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