6. Panglinan vs.

Comelec 228 SCRA 36

Facts: Kiko Pangilinan and Sonny Belmonte were both candidates for congressman in the 4th District of QC
during the 1992 elections. Cadano, as registered voter, filed a petition for disqualification against Belmonte,
for allegedly violating Sec 68 of the Omnibus Election Code, by giving money and other material consideration
to influence, induce or corrupt the voters. Kiko and Cadano filed an urgent motion to suspend the canvassing
and/or proclamation of Belmonte. During the Canvass, Kiko objected to over 120 election returns being
canvassed, alleging that they were tampered, altered or spurious. The City Board of Canvassers overruled the
objections of Kiko. Kiko assailed the constitutionality of RA 7166 that this is violative of Sec 3, Art IX-C of the
Constitution which vests in the Comelec the power to hear and decide pre-proclamation controversies without
distinction as to whether the controversy involved the election of Congressmen, or local elective officials.
According to him, the phrase “pre -proclamation contro versies” in Art IX -C embraces all kinds of pre-proc
controversies such as those of the election of Congressmen.

Issue: WON Comelec may hear and decide pre-proclamation controversies against members of the House and
the Senate.

Ruling: NO. Comelec may not hear and decide pre-proclamation controversies against members of the House
and the Senate. Objections relating to the preparation, transmission, and appreciation of the election returns
or certificates of canvass fall within the sole jurisdiction of the electoral tribunals. However, manifest errors in
the certificates of canvass or election returns may be corrected by the canvassing body motu proprio or upon
written complaint of interested person, or by the Comelec upon proper appeal form the ruling of the Board of
Canvassers.

Where the candidate has already been proclaimed winner in the congressional elections, the remedy of
petitioner is to file an electoral protest with the Electoral Tribunal of the House of Representatives.