Comelec has the jurisdiction to determine a candidate's qualifications prior to an election

“x x x.

In essence, the ponencia holds that the COMELEC lacks jurisdiction to rule on a candidate's qualifications prior to the elections in a petition to deny due course to or cancel a COC under Section 78 of the Omnibus Election Code. With this ruling, the ponencia should have logically granted the petitions on the sole ground of the COMELEC's lack of jurisdiction to determine a candidate's qualifications, without proceeding to decide the qualifications of the candidate. If the COMELEC has no jurisdiction, then this Court has also no jurisdiction on appeal to rule on the merits and decide the qualifications of a candidate. Once the Court rules that the COMELEC is devoid of jurisdiction, the Court can only annul the decision of the COMELEC. The Court cannot rule on the merits, that is, decide the qualifications of a candidate, because there is no COMELEC decision to review on the merits, the annulled decision of the COMELEC being non-existent.

X x x.”

Senior Supreme Court Associate Justice Antonio Carpio

Dissenting Opinion in: 

MARY GRACE NATIVIDAD S. POE LLAMANZARES, petitioner, v. COMMISSION ON ELECTIONS and ESTRELLA C. ELAMPARO, respondents, G.R. No. 221697, April 5, 2016.

MARY GRACE NATIVIDAD S. POE LLAMANZARES, petitioner, v.  COMMISSION ON ELECTIONS, FRANCISCO S. TATAD,  ANTONIO P. CONTRERAS and AMADO D. VALDEZ, 

respondents, G.R. Nos. 221698-700, April 5, 2016.

221697_carpio.pdf

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