G.R. NO. 167594 - MICHAEL F. PLANAS, VS. COMMISSION ON ELECTIONS, MATIAS V. DEFENSOR, JR. AND ANNA LIZA C. CABOCHAN. - Supreme Court E-Library

Ruling

accordingly denied due course and declared invalid. In the meantime, the COMELEC En Banc , on the recommendation of the COMELEC Law Department, issued on April 20, 2004 Minute Resolution No. 04-0582 [8] in " In the Matter of the Memorandum of Commissioner Florentino Tuazon, Jr., Commissioner-in-Charge, Law Department, Relative to the Memoranda of the Law Department on the withdrawal of Certificate of Candidacy, Acceptance and Nomination of Substitute Candidate, Additional Nickname and Correction of Entry of Name, " giving due course to, among other things, the certificate of candidacy of Cabochan and that of Defensor, Cabochan's substitute. The petition of Cortiguerra in which the COMELEC NCR Acting Director recommended the grant thereof was docketed as SPA No. 04-255 and lodged at the COMELEC First Division. In the meantime, the national elections were held as scheduled on May 10, 2004. On May 13, 2004, Planas filed before the Quezon City Board of Canvassers a Petition for the Suspension of the Canvassing of Votes in favor of Defensor who appeared to be leading the congressional race, citing the above-stated April 15, 2004 memorandum-recommendation of the NCR Acting Director. On May 14, 2004, the COMELEC First Division, by Resolution [9] of May 14, 2004, granted Cortiguerra's petition and accordingly denied due course and cancelled Cabochan's Certificate of Candidacy and declared invalid Defensor's substitution for her. On May 15, 2004, Planas' counsel submitted to the Quezon City Board of Canvassers a copy of the above-said May 14, 2004 Resolution of the COMELEC First Division on Cortiguerras's petition in SPA No. 04-255 and moved that the votes in favor of Defensor be no longer read. His motion was, however, denied on the ground that there was yet no order from the COMELEC Central Office disqualifying Defensor. Planas thereupon filed on May 17, 2004 with the COMELEC First Division in SPA No. 04-255 a "Petition for Intervention," [10] and a "Most Urgent Petition/ Motion to Suspend Canvass and Proclamation," [11] invoking said Division's May 14, 2004 Resolution granting Cortiguerra's petition and accordingly denying due course to Defensor's substitution for Cabochan. Also on May 17, 2004, Defensor was proclaimed as the winning candidate for the congressional seat of the Third District of Quezon City. [12] On May 18, 2004, Cabochan filed a Motion for Reconsideration [13] of the May 14, 2004 Resolution of the COMELEC First Division. On even date, Defensor filed a Motion to Intervene [14] and Motion for Reconsideration-in-Intervention [15] before the same Division. Both Cabochan's and Defensor's motions alleged that, among other things, the First Division cannot nullify the En Banc Resolution "firstly because it has no authority or jurisdiction to do so, for it is the COMELEC En Banc that has jurisdiction to set aside a decision of a COMELEC Division;" and "secondly, because Commissioners Javier, Borra and Garcillano, who signed the COMELEC First D