Albano vs Honorable Arranz

8/10/2019 Albano vs Honorable Arranz

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ALBANO vs HONORABLE ARRANZ

In the national elections held in 1961, petitioner Albano was the official

candidate of the Nacionalista Party for the office of the Representative for

province of Isabela. His opponent was respondent Samuel Reyes, official

candidate of the Liberal Party for the same position. During the canvass of

November 28, 1961 by the Provincial Board of Canvassers of the votes

cast at the election, the representative of petitioner Albano questioned the

returns produced by the Provincial Treasurer for some precincts on the

ground that the said returns appeared with erasures on their face and

showed a different number of votes cast for the contending candidates for


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Congressman, as compared with the carbon copies that had been

furnished the representatives of the Nacionalista Party at the aforesaid

precinct. The alteration operated to the detriment of petitioner herein.

The COMELEC ordered the suspension of the proclamation of the winning

candidate until further orders Complying with the order received, the

provincial board of canvassers suspended the canvass of the votes in the

questioned precincts. The respondent thereupon filed a petition for a writ

of mandamus in the Court of First Instance of Isabela, Branch I, presided

over by Judge Manuel Arranz with the Provincial Board of Canvassers as

lone respondents. The respondent judge issued a preliminary injunction


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ordering the board of Canvassers and the Provincial Treasurer to refrain

from bringing the questioned returns to Manila, as instructed by the

Commission on Elections.

ISSUE Whether the Court of First Instance has the authority to order

the COMELEC in relation to suspending the proclamation of

the winner in the election.

RULING

NO. The correction of any error in the order of the Commission of

Elections to suspend the proclamation of the winner in an election does

not lie within the authority of Courts of First Instance


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The Commission has the right to inquire whether or not discrepancies

exist between the various copies of election returns for the precincts in

question, and suspend the canvass in the meantime, so the parties can

ask for a recount in case of variance. Constitution for the administration

and enforcement of all laws relative to elections, the Commission on

Elections has the power to suspend the proclamation of the winning

candidate pending an inquiry into irregularities brought to its attention.

Constitution Art. IX C. Section 2 (2) provides:

(2) Exercise exclusive original jurisdiction over all contests relating

to the elections, returns, and qualifications of all elective regional,


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provincial, and city officials, and appellate jurisdiction over all

contests involving elective municipal officials decided by trial courts

of general jurisdiction, or involving elective barangay officials

decided by trial courts of limited jurisdiction.

The correction thereof did not lie within the authority of the statutory

Courts of First Instance.

Documents

Albano vs Honorable Arranz