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Aratuc V. Comelec Essay

590 words - 3 pages

ARATUC V. COMELEC
G.R. No. L-49705-09 February 8, 1979
TOMATIC ARATUC, SERGIO TOCAO,
CISCOLARIO DIAZ, FRED TAMULA,
MANGONTAWAR GURO and BONIFACIO
LEGASPI,
petitioners,
vs.
The COMMISSION ON ELECTIONS, REGIONAL
BOARD OF CANVASSERS for Region XII
(Central Mindanao), ABDULLAH DIMAPORO,
JESUS AMPARO, ANACLETO BADOY, et al.,
respondents
Nature:
Petition for certiorari to review the
decision of the respondent Comelec resolving
their appeal from the respondent Regional Board
of Canvassers for Region XII regarding the
canvass of the results of the election in said
region for representatives to the I.B.P. held on
April 7, 1978.
Facts:
Tomatic Aratuc et al. sought the
suspension of the canvass then being undertaken
by respondent Board in Cotabato city. A
supervening panel headed by Commissioner of
...view middle of the document...


In order to enable the Commission to decide the
appeal properly :
a. It will have to go deeper into the examination of
the voting records and registration records and in
the case of voting centers whose voting and
registration records which have not yet been
submitted for the Commission to decide to open
the ballot boxes; and
b. To interview and get statements under oath of
impartial and disinterested persons from the area
to determine whether actual voting took place on
April 7, 1978, as well as those of the military
authorities in the areas affected.
On January 13, 1979, the Comelec rendered its
resolution being assailed in these cases, declaring
the final result of the canvass.

Issue:
WON there is grave abuse of discretion
amounting to lack of jurisdiction on the part of
COMELEC.
Held:
Under Section 168 of the Revised Election
Code of 1978, "the Commission (on Elections)
shall have direct control and supervision over the
board of canvassers" and that relatedly, Section
175 of the same Code provides that it "shall be
the sole judge of all pre-proclamation
controversies."
The fact of the matter is that the authority of the
Commission in reviewing actuations of board of
canvassers does not spring from any appellate
jurisdiction conferred by any specific provision of
law, for there is none such provision anywhere in
the Election Code, but from the plenary
prerogative of direct control and supervision
endowed to it by the above-quoted provisions of
Section 168. And in administrative law, it is a too
well settled postulate to need any supporting
citation here, that a superior body or office having
supervision and control over another may do
directly what the latter is supposed to do or ought
to have done.
We cannot fault respondent Comelec for its
having extended its inquiry beyond that
undertaken by the Board of Canvass On the
contrary, it must be stated that Comelec correctly
and commendably asserted its statutory authority
born of its envisaged constitutional duties vis-a-vis
the preservation of the purity of elections and
electoral processes and in doing what petitioner it
should not have done.

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