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CASTILLO
MUNICIPAL BOARD OF CANVASSERS OF GLAN VS. COMELEC GR. 150946
October 23, 2003
FACTS:
ISSUE : Whether or not the COMELEC en banc has a jurisdiction over the case.
Held: Not all cases relating to election laws filed before the COMELEC are required to
be first heard by a division, under the constitution the COMELEC exercise both the
administrative and quasi-judicial powers. The COMELEC en banc can act directly on
matters falling with in its administrative powers. It is only when the exercise of quasijudicial
powers are involved that the COMELEC is mandated to decide cases first in
division. It is clear that this case is one that involves a preproclamation controversy that
requires the exercise of the COMELEC quasi-judicial powers as the illegality of the
composition and proceedings of the Municipal Board of Canvassers. Also, Benzonan
filed her pre proclamation case directly with the COMELEC en banc. Since COMELEC
en banc is without jurisdiction to decide cases involving such, the procedure taken by
Benzonan resulted in a resolution in her favor thus declared null and void.