Banat v.
COMELEC Whether sections
BANAT filed for a petition for
prohibition with a prayer for
the issuance of a t.r.o. or a
writ of preliminary injunction
on RA 9369, assailing its
constitutionality and enjoining
COMELEC from implementing
the statute. RA 9369 is a
consolidated bill amending
various election rules.
Allegedly this RA violates Sec
26 of Article 6 of the
Constitution. Also Petitioner
assails the constitutionality of
Sections 34, 37, 38, and 43 of
RA 9369.
Sections 37 and 38 do not violate
37 and 38 violate section 17, article vi and
section 17, article paragraph 7, section 4, article vii
vi and paragraph 7, of the constitution. Petitioners
section 4, article argument that sections 37 and
vii of the 38 violate the constitution by
constitution impairing the powers of the
presidential electoral tribunal (pet)
and the senate electoral tribunal
(set) does not hold
water. According to petitioner,
under the amended provisions,
congress as the national board of
canvassers for the election of
president and vice president
(congress), and the comelec en
banc as the national board of
canvassers (comelec en banc), for
the election of senators may now
entertain pre-proclamation cases
in the election of the president,
vice president, and
senators. Petitioner concludes
that in entertaining pre-
proclamation cases, congress and
the comelec en banc undermine
the independence and encroach
upon the jurisdiction of the pet
and the set. In the present case,
congress and the comelec en banc
do not encroach upon the
jurisdiction of the pet and the
set. there is no conflict of
jurisdiction since the powers of
congress and the comelec en
banc, on one hand, and the pet
and the set, on the other, are
exercised on different occasions
and for different purposes. the
pet is the sole judge of all contests
relating to the election, returns
and qualifications of the president
or vice president. the set is the
sole judge of all contests relating
to the election, returns, and
qualifications of members of the
senate. the jurisdiction of the pet
and the set can only be invoked
once the winning presidential, vice
presidential or senatorial
candidates have been
proclaimed. on the other hand,
under section 37, congress and
the comelec en banc shall
determine only the authenticity
and due execution of the
certificates of canvass. congress
and the comelec en banc shall
exercise this power before the
proclamation of the winning
presidential, vice presidential, and
senatorial candidates.