Scribd
Upload
119 views1 page

Tan Vs COMELEC

1) The petitioner was designated as Vice-Chairman of the City Board of Canvassers for the 1992 elections in Davao City. Manuel Garcia was proclaimed the winning congressional candidate, but his election was questioned. 2) An administrative charge of "Misconduct, Neglect of Duty, Gross Incompetence, and Acts Inimical to the Service" was filed against the Board of Canvassers, including the petitioner, at the COMELEC. 3) The COMELEC has jurisdiction over the administrative case related to the petitioner's duties as an Election canvasser, not as a City Prosecutor, based on its constitutional and statutory authority over election matters.

Uploaded by

ISULAN BFP 12
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
119 views1 page

Tan Vs COMELEC

1) The petitioner was designated as Vice-Chairman of the City Board of Canvassers for the 1992 elections in Davao City. Manuel Garcia was proclaimed the winning congressional candidate, but his election was questioned. 2) An administrative charge of "Misconduct, Neglect of Duty, Gross Incompetence, and Acts Inimical to the Service" was filed against the Board of Canvassers, including the petitioner, at the COMELEC. 3) The COMELEC has jurisdiction over the administrative case related to the petitioner's duties as an Election canvasser, not as a City Prosecutor, based on its constitutional and statutory authority over election matters.

Uploaded by

ISULAN BFP 12
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Tan vs.

COMELEC, 237 SCRA 353, October 4, 1994

digested by Ms. Iola Vianka M. Pi non

Facts: On May 10, 1992, the petitioner, as an incumbent City Prosecutor of Davao City, was designated
by the COMELEC as Vice-Chairman of the City Board of Canvassers in the said area for the May 11, 1992,
synchronized national and local elections conformably with the provisions of Section 20 (a) of Republic
Act 6646 and Section 221 (b) of the Omnibus Election Code. Manuel Garcia was proclaimed the winning
candidate for a Congressional seat to represent the 2nd District of Davao City. Alterado, the private
respondent, filed a number of cases questioning the validity of the proclamation. The cases filed in the
House of Representatives Electoral Tribunal and the Office of the Ombudsman was dismissed. What is
still pending is an administrative charge, against the Board of Canvassers and herein petitioner for
“Misconduct, Neglect of Duty, Gross Incompetence, and Acts Inimical to the Service”, instituted in the
COMELEC.

Issue: Whether or not the COMELEC has the jurisdiction to take action on the administrative case when
in fact the petitioner as a City prosecutor is under the Administrative jurisdiction.

Held: The COMELEC’s authority under Section 2 (6-8), Article 9 of the Constitution is virtually all-
encompassing when it comes to election matters, also Section 52, Article 7 of the Omnibus Election
Code. It should be stressed that the administrative case against petitioner is in relation to the
performance of his duties as an Election canvasser and not as a City Prosecutor. The COMELEC’s
mandate includes its authority to exercise direct and immediate suspension and control over national
and local officials or employees, including members of any national and local law enforcement agency
and instrumentality of the government, required by law to perform duties relative to the conduct of
elections. To say that the COMELEC is without jurisdiction to look into charges of election offenses
committed by officials and employees of government outside the regular employ of the COMELEC would
be to unduly deny to it the proper and sound exercise of such recommendatory power and, perhaps
more than that, even a possible denial of the process to the official or employee concerned.

You might also like