Banat v.

COMELEC Whether sections Sections 37 and 38 do not violate
37 and 38 violate section 17, article vi and
BANAT filed for a petition for section 17, article paragraph 7, section 4, article vii
prohibition with a prayer for vi and paragraph 7, of the constitution. Petitioner’s
the issuance of a t.r.o. or a section 4, article argument that sections 37 and
writ of preliminary injunction vii of the 38 violate the constitution by
on RA 9369, assailing its constitution impairing the powers of the
constitutionality and enjoining presidential electoral tribunal (pet)
COMELEC from implementing and the senate electoral tribunal
the statute. RA 9369 is a (set) does not hold
consolidated bill amending water. According to petitioner,
various election rules. under the amended provisions,
Allegedly this RA violates Sec congress as the national board of
26 of Article 6 of the canvassers for the election of
Constitution. Also Petitioner president and vice president
assails the constitutionality of (congress), and the comelec en
Sections 34, 37, 38, and 43 of banc as the national board of
RA 9369. canvassers (comelec en banc), for
the election of senators may now
entertain pre-proclamation cases
in the election of the president,
vice president, and
senators. Petitioner concludes
that in entertaining pre-
proclamation cases, congress and
the comelec en banc undermine
the independence and encroach
upon the jurisdiction of the pet
and the set. In the present case,
congress and the comelec en banc
do not encroach upon the
jurisdiction of the pet and the
set. there is no conflict of
jurisdiction since the powers of
congress and the comelec en
banc, on one hand, and the pet
and the set, on the other, are
exercised on different occasions
and for different purposes. the
pet is the sole judge of all contests
relating to the election, returns
and qualifications of the president
or vice president. the set is the
sole judge of all contests relating
to the election, returns, and
qualifications of members of the

the jurisdiction of the pet and the set can only be invoked once the winning presidential. and senatorial candidates. under section 37. vice presidential or senatorial candidates have been proclaimed. .senate. on the other hand. vice presidential. congress and the comelec en banc shall determine only the authenticity and due execution of the certificates of canvass. congress and the comelec en banc shall exercise this power before the proclamation of the winning presidential.