TAULE vs.

SANTOS
August 12, 1991
G. R. No. 90336
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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.

Decision:

Petition GRANTED. Assailed August 4, 1989 and September 5, 1989 resolution is SET ASIDE
for having been issued in excess of jurisdiction. However, the election on June 18, 1989 is
annulled. A new election of officers of the FABC be conducted immediately in accordance with
the governing rules and regulations. Supplemental petition is likewise partially granted.

Ratio Decidendi:
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.