Section 3.

COMELEC
B. Balindong v. COMELEC

KEY TAKE-AWAY OR DOCTRINE TO REMEMBER

 The requirement mandating the hearing and decision of election cases, including pre-proclamation controversies, at the
first instance by a division of the COMELEC, and not by the poll body as a whole, is mandatory and jurisdictional.
 The COMELEC en banc does not have the requisite authority to hear and decide pre-proclamation controversies at the
first instance

FACTS

1. On February 6, 1988, A Permanent Nursing Attendant filed a complaint against OIC-Mayor with the COMELEC for
allegedly transferring her to a very remote barangay and without prior permission or clearance from the COMELEC.

2. After a preliminary investigation by the Provincial Election Supervisor, a prima facie case was found.

3. On September 26, 1988, a criminal case against the OIC-Mayor was filed with the respondent court for violation of Sec. 261
Par. (h) of the Omnibus Election Code. Respondent court issued a warrant of arrest and fixed a bail at five thousand pesos
(P 5, 000) as recommended by the Provincial Election Supervisor.

4. However, before the accused could be arrested, the trial court set aside its decision on the ground that the Provincial
Election Supervisor is not authorized to determine probable cause pursuant to Sec. 2 Art. III of the 1987 Constitution.

5. In another order dated November 22, 1988, the court gave Provincial Election Supervisor fifteen (15) days from receipt to
file another information charging the same offense with the written approval of the Provincial Fiscal. Upon failure to
comply with the order, the information was quashed. Hence, this petition.

ISSUE/S STATUTES/ARTICLES INVOLVED

Does a preliminary investigation conducted by a
Provincial Election Supervisor involving election
offenses have to be coursed through the Provincial
Fiscal now Provincial Prosecutor, before the
Regional Trial Court may take cognizance of the
investigation and determine whether or not
probable cause exists?
Article IX-C. Section 3. The Commission on Elections may sit en banc or
in two divisions, and shall promulgate its rules of procedure in order to
expedite disposition of election cases, including pre- proclamation
controversies. All such election cases shall be heard and decided in division,
provided that motions for reconsideration of decisions shall be decided by
the Commission en banc.

HELD

1. This Court has consistently ruled that the requirement mandating the hearing and decision of election cases, including pre-
proclamation controversies, at the first instance by a division of the COMELEC, and not by the poll body as a whole, is
mandatory and jurisdictional.
2.