TAULE vs. SANTOS August 12, 1991 G. R. No.
90336 x----------------------x This is a petition for certiorari seeking the reversal of the resolutions of respondent Secretary dated August 4, 1989 and September 5, 1989 for being null and void. Facts: An election for the officers of the Federation of Associations of Barangay Council (FABC) was held on June 18, 1989 despite the absence of other members of the said council. Including Petitioner was elected as the president. Respondent Verceles sent a letter of protest to respondent Santos, seeking its nullification in view of several flagrant irregularities in the manner it was conducted. Petitioner denied the allegations of respondent Verceles and denouncing respondent for intervening in the said election which is a purely non-partisan affair. And requesting for his appointment as a member of the Sangguniang Panlalawigan of the province being the duly elected President of the FABC in Catanduanes. Respondent Santos issued a resolution on August 4, 1989 nullifying the election and ordering a new one to be conducted as early as possible to be presided by the Regional Director of Region V of the Department of Local Government. Petitioner filed a motion for reconsideration but it was denied by respondent Santos in his resolution on September 5, 1989. Thus this petition before the Supreme Court. Issues: 1)WON the respondent Santos has jurisdiction to entertain an election protest involving the election of the officers of the FABC. 2)WON the respondent Verceles has the legal personality to file an election protest. Decision: Petition GRANTED. Assailed August 4, 1989 and September 5, 1989 resolution is SET ASIDE for having been issued in excess of jurisdiction. However, the election on June 18, 1989 is annulled. A new election of officers of the FABC be conducted immediately in accordance with the governing rules and regulations. Supplemental petition is likewise partially granted.
there was a clear violation of the said mandatory provision. 1989 is null and void for not complying with the provisions of DLG Circular No. It is the exclusive original jurisdiction of the inferior to hear election protest and the COMELEC have the appellate jurisdiction over it. he has an interest in the election of the officers of the FABC since its elected president becomes a member of the assembly. DLG Circular No. there being a quorum. He acted as the presiding officer of the sangguniang panlalawigan. the vice-governor." It is admitted that neither the incumbent FABC President nor the Vice-President presided over the meeting and elections but Alberto P. Molina. despite him being absent on said election.
. ͻ Pending resolution. 89-09. The election of officers of the FABC held on June 18. respondent governor is a proper party to question the regularity of the elections of the officers of the FABC. in his memorandum dated June 7. As presiding officer. The Governor has the personality to file the protest. He is only vested with the power to promulgate rules and regulations and to exercise general supervision over the local government as provided in the Local Government Code and in the Administrative Code.. 89-09 provides that "the incumbent FABC President or the Vice-President shall preside over the reorganizational meeting. The Secretary of Local Government has no authority to appoint anyone who does not meet the minimum qualification to be the president of the federation of barangay councils. If said member assumes his place under questionable circumstances. etc. elective members of the said sanggunian. The Secretary of Local Government has no jurisdiction to entertain any protest involving the election of officers of the FABC. 2) Yes. Therefore. designated Augusto Antonio. the Chairman of the Board of Election Supervisors/Consultants.Ratio Decidendi: 1. petitioner also filed a supplemental petition alleging that public respondent Local Government Secretary. No. 1990. the sanggunian may be vulnerable to attacks as to their validity or legality. the membership of the sangguniang panlalawigan consists of the governor. Under Section 205 of the Local Government Code. Therefore. Jr.