Taule vs Santos

August 12, 1991

G. R. No. 90336
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.

Held:
1. No. The Secretary of Local Government has no jurisdiction to
entertain any protest involving the election of officers of the
FABC. 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. It is the exclusive original jurisdiction of the
inferior to hear election protest and the COMELEC have the
appellate jurisdiction over it.
2. Yes. The Governor has the personality to file the protest. Under
Section 205 of the Local Government Code, the membership of
the sangguniang panlalawigan consists of the governor, the vicegovernor, elective members of the said sanggunian, etc. He acted
as the presiding officer of the sangguniang panlalawigan. As
presiding officer, he has an interest in the election of the officers
of the FABC since its elected president becomes a member of the
assembly. If said member assumes his place under questionable
circumstances, the sanggunian may be vulnerable to attacks as
to their validity or legality. Therefore, respondent governor is a
proper party to question the regularity of the elections of the
officers of the FABC.
The election of officers of the FABC held on June 18, 1989 is null and
void for not complying with the provisions of DLG Circular No. 89-09.
DLG Circular No. 89-09 provides that the incumbent FABC President or
the Vice-President shall preside over the reorganizational meeting,
there being a quorum. It is admitted that neither the incumbent FABC
President nor the Vice-President presided over the meeting and
elections but Alberto P. Molina, Jr., the Chairman of the Board of
Election Supervisors/Consultants. Therefore, there was a clear violation
of the said mandatory provision.
* Pending resolution, petitioner also filed a supplemental petition
alleging that public respondent Local Government Secretary, in his

memorandum dated June 7, 1990, designated Augusto Antonio,

despite him being absent on said election. 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.