Pimentel vs.

Commission on Elections

G.R. Nos. 53581-83

The Supreme Court ruled that the Commission on Elections (COMELEC) had no jurisdiction to issue
Resolution No. 9592, nullifying the resolution and permanently restraining the COMELEC from taking
further action on the case except to dismiss it for lack of jurisdiction.

Facts:

The petitioners, Mariano J. Pimentel and others, filed an election protest in the Court of First Instance of
Quirino.

They alleged that their votes were not counted by the Board of Canvassers in the general election held
on January 30, 1980.

The contestees filed a motion with the court, requesting that only the election returns be considered in
the counting of votes and that the ballots not be re-examined.

The court denied the motion.

The contestees filed a petition for certiorari and prohibition with the Commission on Elections
(COMELEC), seeking to restrain the court from enforcing its orders.

The COMELEC issued Resolution No. 9592, requiring the petitioners to file an answer and issuing a
restraining order against the court.

The petitioners filed a petition questioning the jurisdiction of the COMELEC to issue the resolution.

Issue:

Whether the COMELEC had jurisdiction to issue Resolution No. 9592.

Ruling:

The Supreme Court ruled in favor of the petitioners, declaring the resolution null and void and
permanently enjoining the COMELEC from taking any further action on the case except to dismiss it for
lack of jurisdiction.

Ratio:

The Court held that jurisdiction is conferred only by law.

The provision of Sec. 4, Rule 65 of the Rules of Court cannot be construed as a grant of jurisdiction to the
COMELEC over petitions for certiorari, prohibition, or mandamus involving election cases cognizable by
the Court of First Instance.

The Court noted that while the Court of Appeals has jurisdiction over such petitions, it is by express
legislative fiat, not by virtue of the provision in the Rules of Court.

Therefore, the COMELEC had no jurisdiction to issue the resolution in question.