Gabatan v.

COMELEC

Petitioner – Adelina B. Gabatan

Respondent – COMELEC and Leonardo Macalalag

FACTS:
Gabatan and Macalalag ran for the position of Mayor in the Municipality of Pagsanjan, Laguna
on January 30, 1980.

Gabatan was proclaimed as the winner.

A petition for her disqualification with COMELEC was filed on February 2, 1980 on the ground of
turncoatism, having changed her party affiliation within six (6) months preceding the election.

A petition for quo warranto based on the same ground was filed before the Court of First
Instance (RTC) by Macalalag on February 7, 1980.

Petitioner filed a motion to dismiss with COMELEC on the ground of lack of jurisdiction. The
motion was dismissed including the subsequent filing of MR.

ISSUE:
Whether or not the COMELEC has a jurisdiction over the petition for disqualification.

RULING:
The power to investigate, prosecute and try election offenses committed by a public officer in
relation to his office is vested in the Commission on Elections and the Court of First Instance
(RTC).

As pointed out in Villegas v. COMELEC, the (previous) Constitution empowers the Commission
on Elections to be 'the sole judge of all contests relating to the elections, returns, and
qualifications of all Members of the National Assembly and elective provincial and city officials

Assuming that there is an element of ambiguity, the proper interpretation being that the
jurisdiction of COMELEC and the courts is concurrent, the petition still must fail. The plea for her
disqualification on the ground of having changed her party affiliation within 6 months preceding
the election was filed as early as February 2, 1980 before a quo warranto proceeding was filed
on February 7, 1980 in the Court of First Instance. It is elementary that the agency which first
assumes jurisdiction of a case retains control.