BARROSO v. AMPIG G.R. No.

138218; March 17, 2000

FACTS: Petitioner Barroso and private respondent Escobilio were candidates for mayor of the municipality of Tampakan, Cotabato in May 11, 1998 elections. Private respondent filed with the COMELEC several cases against petitioner which was dismissed by the COMELEC. Pending appeal, the Municipal Board of Canvassers of Tampakan, on July 17, 1998, proclaimed petitioner as the winning mayoralty candidate. On July 27, 1998, private respondent filed with the Regional Trial court, Branch 24, Koronadal, South Cotabato a petition contesting petitioner's election. Private respondent failed to disclose to the court the pendency of two pre-proclamation controversies - SPC 98-009 and SPC 98-124. Thus petitioner sought for the dismissal of the petition for non-compliance with Supreme Court Administrative Circular No. 04-94 and Section 5, Rule 7 of the 1997 Rules on Civil Procedure. Private respondent claims that there was no need to mention the two cases because they were deemed abandoned and rendered moot and academic upon the filing of the election contest.

ISSUE: Whether Pre-Proclamation cases pending before the COMELEC were deemed terminated beginning the term of the office involved.

HELD: SPC 98-124 was terminated pursuant to the provisions of Section 16 of Republic Act (R.A.) No. 7166 and Comelec Omnibus Resolution No. 3049 on pending cases dated June 29, 1998. All pre-proclamation cases pending before the Comelec in the May 11, 1998 elections were deemed terminated at noon of June 30, 1998, the beginning of the term of office involved; and the rulings of the board of canvassers concerned were deemed affirmed, without prejudice to the filing of a regular election protest by the aggrieved party. SPC 98124 before the Comelec was an appeal from the ruling of the board of canvassers, hence, was deemed terminated by noon of June 30, 1998. When private respondent filed the election contest on July 27, 1998, SPC 98-124 had already been terminated.

BARROSO v. AMPIG G.R. No. 138218; March 17, 2000

FACTS: Petitioner Barroso and private respondent Escobilio were candidates for mayor of the municipality of Tampakan, Cotabato in May 11, 1998 elections. Private respondent filed with the COMELEC several cases against petitioner which was dismissed by the COMELEC. Pending appeal, the Municipal Board of Canvassers of Tampakan, on July 17, 1998, proclaimed petitioner as the winning mayoralty candidate. On July 27, 1998, private respondent filed with the Regional Trial court, Branch 24, Koronadal, South Cotabato a petition contesting petitioner's election. Private respondent failed to disclose to the court the pendency of two pre-proclamation controversies - SPC 98-009 and SPC 98-124. Thus petitioner sought for the dismissal of the petition for non-compliance with Supreme Court Administrative Circular No. 04-94 and Section 5, Rule 7 of the 1997 Rules on Civil Procedure. Private respondent claims that there was no need to mention the two cases because they were deemed abandoned and rendered moot and academic upon the filing of the election contest.

ISSUES: 1. Whether Pre-Proclamation cases pending before the COMELEC were deemed terminated beginning the term of the office involved. 2. Whether or not the Rules of Civil Procedure will apply in Election cases.

HELD: 1. SPC 98-124 was terminated pursuant to the provisions of Section 16 of Republic Act (R.A.) No. 7166 and Comelec Omnibus Resolution No. 3049 on pending cases dated June 29, 1998. All preproclamation cases pending before the Comelec in the May 11, 1998 elections were deemed terminated at noon of June 30, 1998, the beginning of the term of office involved; and the rulings of the board of canvassers concerned were deemed affirmed, without prejudice to the filing of a regular election protest by the aggrieved party. SPC 98-124 before the Comelec was an appeal from the ruling of the board of canvassers, hence, was deemed terminated by noon of June 30, 1998. When private respondent filed the election contest on July 27, 1998, SPC 98-124 had already been terminated. 2. The Rules of Civil Procedure generally do not apply to election cases. They apply only by analogy or in a suppletory character and whenever practicable and convenient. Election contests are subject to the COMELEC Rules of Procedure. Rule 35 thereof governs election contests involving elective municipal officials before the Regional Trial Courts. Rule 35 does not require that the petition contesting the election of any municipal official be accompanied by a certification or any statement against forum shopping.