This case has been cited 1 times or more.
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2015-09-01 |
PEREZ, J. |
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| In distinguishing an action originally commenced with the COMELEC from an appealed case, reference should be made to Article IX-C, Sec. 2(2) of the Constitution.[40] According to the provision, the COMELEC is a constitutional commission vested with the exclusive original jurisdiction over election contests, involving regional, provincial and city officials, as well as appellate jurisdiction over election protests involving elective municipal and barangay officials.[41] Thus, in the case at bar, the petition for disqualification filed by Legaspi was correctly categorized by the ponencia as an election case originally commenced in the Commission because (1) private respondents were candidates for posts in the city government, (2) there is no trial court ruling elevated to the Commission to speak of, and (3) the motion for reconsideration filed by private respondents with the COMELEC en banc, as earlier stated, does not amount to an appeal. | |||||