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Calucag Vs Comelec

This case involved an election protest filed by Cesar Carbonel challenging the results of the 1994 election for Barangay Captain of Caritan Centro, Tuguegarao, Cagayan. A recount declared Carbonel the winner by 2 votes. The petitioner, Pedro Calucag, appealed to the RTC which dismissed the appeal, finding the COMELEC had exclusive appellate jurisdiction over election contests involving barangay officials decided by lower courts. The Supreme Court affirmed, holding that under the Constitution, the COMELEC has exclusive appellate jurisdiction over such cases, and Calucag's appeal was correctly dismissed for lacking jurisdiction and being filed out of time.

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209 views1 page

Calucag Vs Comelec

This case involved an election protest filed by Cesar Carbonel challenging the results of the 1994 election for Barangay Captain of Caritan Centro, Tuguegarao, Cagayan. A recount declared Carbonel the winner by 2 votes. The petitioner, Pedro Calucag, appealed to the RTC which dismissed the appeal, finding the COMELEC had exclusive appellate jurisdiction over election contests involving barangay officials decided by lower courts. The Supreme Court affirmed, holding that under the Constitution, the COMELEC has exclusive appellate jurisdiction over such cases, and Calucag's appeal was correctly dismissed for lacking jurisdiction and being filed out of time.

Uploaded by

janine nenaria
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PEDRO C. CALUCAG v.

COMMISSION ON ELECTIONS
G.R. No. 123673
June 19, 1997
Romero, J.

Facts: Petitioner Pedro Calucag and private respondent Cesar Carbonel were both candidates for
Barangay Captain in Barangay Caritan Centro, Tuguegarao, Cagayan during the May 9, 1994 elections.
Wherein petitioner won by a difference of one vote.

Private respondent filed an election protest praying for the judicial recount of the ballots cast and the
annulment of the proclamation of petitioner. As agreed upon by the parties, a recount/revision of the
votes/ballots was made. As a result, private respondent obtained 491 votes as against petitioner’s 489
votes. Thereafter, MTC promulgated a decision in open court declaring the former as the duly elected
Barangay Captain. Petitioner appealed this ruling to the Regional Trial Court of Tuguegarao, Cagayan
which was opposed by private respondent on the ground of lack of jurisdiction, the proper forum being
the Commission on Elections (COMELEC). On July 18, 1994, the RTC issued an Order dismissing the
appeal based on such ground.

Issue: Whether the COMELEC has exclusive appellate jurisdiction over election contests involving
elective barangay officials decided by trial courts of limited jurisdiction?

Held: The COMELEC is the proper appellate court clothed with jurisdiction to hear the appeal, which
appeal must be filed within five days after the promulgation of the MTC’s decision.

Article IX-C, Section 2(2) of the Constitution, providing that the COMELEC shall:

"exercise exclusive original jurisdiction over all contests relating to the elections, returns and
qualifications of all elective regional, 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."

Petitioner’s contention that the COMELEC erred in disallowing the case based on sheer technicalities is
likewise unmeritorious. The COMELEC dismissed petitioner’s appeal for lack of appellate jurisdiction,
based on his failure to perfect his appeal on time. Granting that petitioner paid the appeal fees on time,
he chose the wrong forum; the payment, therefor, having been done after the lapse of the reglementary
period to appeal.

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