BARROSO v.

AMPIG
G.R. No. 138218; March 17, 2000

FACTS:
Petitioner Barroso and private respondent Escobilio were candidates for mayor of the
municipality of Tampakan, Cotabato in May 11, 1998 elections. Private respondent filed
with the COMELEC several cases against petitioner which was dismissed by the
COMELEC. Pending appeal, the Municipal Board of Canvassers of Tampakan, on July 17,
1998, proclaimed petitioner as the winning mayoralty candidate.
On July 27, 1998, private respondent filed with the Regional Trial court, Branch 24,
Koronadal, South Cotabato a petition contesting petitioner's election. Private respondent
failed to disclose to the court the pendency of two pre-proclamation controversies - SPC
98-009 and SPC 98-124. Thus petitioner sought for the dismissal of the petition for noncompliance with Supreme Court Administrative Circular No. 04-94 and Section 5, Rule 7
of the 1997 Rules on Civil Procedure. Private respondent claims that there was no need to
mention the two cases because they were deemed abandoned and rendered moot and
academic upon the filing of the election contest.

ISSUE:
Whether Pre-Proclamation cases pending before the COMELEC were deemed terminated
beginning the term of the office involved.

HELD:
SPC 98-124 was terminated pursuant to the provisions of Section 16 of Republic Act (R.A.)
No. 7166 and Comelec Omnibus Resolution No. 3049 on pending cases dated June 29,
1998. All pre-proclamation cases pending before the Comelec in the May 11, 1998
elections were deemed terminated at noon of June 30, 1998, the beginning of the term of
office involved; and the rulings of the board of canvassers concerned were deemed
affirmed, without prejudice to the filing of a regular election protest by the aggrieved
party. SPC 98-124 before the Comelec was an appeal from the ruling of the board of
canvassers, hence, was deemed terminated by noon of June 30, 1998. When private
respondent filed the election contest on July 27, 1998, SPC 98-124 had already been
terminated.
BARROSO v. AMPIG
G.R. No. 138218; March 17, 2000

FACTS:
Petitioner Barroso and private respondent Escobilio were candidates for mayor of the
municipality of Tampakan, Cotabato in May 11, 1998 elections. Private respondent filed
with the COMELEC several cases against petitioner which was dismissed by the
COMELEC. Pending appeal, the Municipal Board of Canvassers of Tampakan, on July 17,
1998, proclaimed petitioner as the winning mayoralty candidate.
On July 27, 1998, private respondent filed with the Regional Trial court, Branch 24,
Koronadal, South Cotabato a petition contesting petitioner's election. Private respondent

failed to disclose to the court the pendency of two pre-proclamation controversies - SPC
98-009 and SPC 98-124. Thus petitioner sought for the dismissal of the petition for noncompliance with Supreme Court Administrative Circular No. 04-94 and Section 5, Rule 7
of the 1997 Rules on Civil Procedure. Private respondent claims that there was no need to
mention the two cases because they were deemed abandoned and rendered moot and
academic upon the filing of the election contest.

ISSUES:
1. Whether Pre-Proclamation cases pending before the COMELEC were deemed
terminated beginning the term of the office involved.
2. Whether or not the Rules of Civil Procedure will apply in Election cases.

HELD:
1. SPC 98-124 was terminated pursuant to the provisions of Section 16 of Republic
Act (R.A.) No. 7166 and Comelec Omnibus Resolution No. 3049 on pending cases
dated June 29, 1998. All pre-proclamation cases pending before the Comelec in the
May 11, 1998 elections were deemed terminated at noon of June 30, 1998, the
beginning of the term of office involved; and the rulings of the board of canvassers
concerned were deemed affirmed, without prejudice to the filing of a regular
election protest by the aggrieved party. SPC 98-124 before the Comelec was an
appeal from the ruling of the board of canvassers, hence, was deemed terminated
by noon of June 30, 1998. When private respondent filed the election contest on
July 27, 1998, SPC 98-124 had already been terminated.

2. The Rules of Civil Procedure generally do not apply to election cases. They apply
only by analogy or in a suppletory character and whenever practicable and
convenient. Election contests are subject to the COMELEC Rules of Procedure. Rule
35 thereof governs election contests involving elective municipal officials before
the Regional Trial Courts. Rule 35 does not require that the petition contesting the
election of any municipal official be accompanied by a certification or any
statement against forum shopping.