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GR No. 160465 May 27, 2004 the COMELEC En Banc is nullified. Commissioner Lantions voluntary
piecemeal inhibition cannot be countenanced. Nowhere in the
FACTS: Rolando Salvador was proclaimed winner in a mayoralty race COMELEC Rules does it allow a Commissioner to voluntarily inhibit
in May 14, 2001 elections. His opponent, Romeo Estrella, filed before with reservation. To allow him to participate in the En Banc
Regional Trial Court (RTC) an election protest which consequently proceedings when he previously inhibited himself in the Division is,
annulled Salvadors proclamation and declared Estrella as the duly absent any satisfactory justification, not only judicially unethical but
elected mayor and eventually issued writ of execution. While Salvador legally improper and absurd.
filed a petition for certiorari before the Commission on Elections
(COMELEC), raffled to the Second Division thereof, Estrella moved for
inhibition of Commissioner Ralph Lantion, but a Status Quo Ante Order
was issued. However, Commissioner Lantion voluntarily inhibited Case: Mison v COA
himself and designated another Commissioner to substitute him. The
Second Division, with the new judge, affirmed with modifications the Facts:
RTC decision and declared Estrella as the duly elected mayor. The case is about customs case no. 813 where the commissioner of
Salvador filed a Motion for Reconsideration which was elevated to the customs, MIson, declaring illegal the seizure by elements of the
COMELEC En Banc, in which this time, Commissioner Lantion Philippine Navy of the M/V "Hyojin Maru" a vessel of Japanese registry,
participated by virtue of Status Quo Ante Order issued by the and ordered the release of the vessel and its cargo to the claimants,
COMELEC En Banc. He said that as agreed upon, while he may not Chan Chiu On and Cheung I.
participate in the Division deliberations, he will vote when the case is However, the vessel was never released because it sank while in the
elevated to COMELEC En Banc. Hence, Estrella filed a Petition for custody of the bureau of customs and it could not be salvaged. The
Certiorari before the Supreme Court. claimants filed a claim with the Commission on Audit for the payment
of the vessel.
ISSUE: Whether or not the COMELEC shall decide a case or matter by Acting thereon "(b)y authority of the Acting Chairman," Mr. Rogelio B.
a majority vote of all its members Espiritu, Manager, Technical Service Office of the COA, denied the
claim for the reasons set forth in his registered letter to the claimant's
RULING: Yes. The provision of the Constitution is clear that decisions lawyer dated November 3, 1977-captioned "Decision No. 77-142."
reached by the COMELEC En Banc should be the majority vote of ALL In a letter dated May 10, 1978, claimants counsel, Mr. David replied
its members and not only those who participated and took part in the that said Decision No. 77-142-rendered only by the Manager, Technical
deliberations. Under the rules of statutory construction, it is to be Service Office of the COA, and "not (by) the Acting Chairman, much
assumed that the words in which constitutional provisions are couched less . . . the Commission on Audit" was void because the matter
express the objective sought to be attained. Since the above-quoted could validly be acted upon only by "the Commission on Audit duly
constitutional provision states all of its members, without any constituted, by the appointment and qualification of its Chairman and
qualification, it should be interpreted as such. In the case at bar, two Commissioners," "as specifically provided by Section 2, Article XII-
following the clear provision of the Constitution, counting out D of the (1973) Constitution. In a 4th Indorsement dated June 22, 1987
Commissioner Lantions vote from the questioned COMELEC en banc addressed "to the Auditor, Bureau of Customs," Chairman Eufemio C.
resolution would leave just three votes out of all seven members of Domingo, acting "FOR THE COMMISSION," reconsidered Decision
the COMELEC. No. 77-142 of Acting Commissioner of Audit Tantuico, supra.
He declared that the vessel sank while in illegal custody of the Bureau
Had the framers intended that it should be the majority of the members of Customs, which "should have pre-eminently taken adequate
who participated or deliberated, it would have clearly phrased it that measures to preserve" it but did not.; hence, he declared that "this
way as it did with respect to the Supreme Court in Section 4(2), Article Commission will interpose no objection" to the instant claim, subject to
VIII of the Constitution. For this reason, the Court hereby abandons the the usual auditing and accounting requirements." Petitioner seasonably
doctrine laid down in Cua and holds that COMELEC En Banc shall filed with this Court a petition for certiorari to nullify said COA Decisions
decide a case or matter brought before it by a majority vote of all its pursuant to Section 7, Article IX of the 1987 Constitution.
members and NOT majority of the members who deliberated and
voted thereon. Issues:
Whether or not the decision to reverse the Espiritu Decision was
ROMEO M. ESTRELLA v. COMMISSION ON ELECTIONS, et al. proper?
429 SCRA 789 (2004), EN BANC (Carpio Morales, J.)
Decision:
Nowhere in the COMELEC Rules does it allow a Commissioner to In the first place the "Espiritu decision" was void ab initio. As manager
voluntarily inhibit with reservation. of the COA Technical Service Office, Mr. Espiritu obviously had no
power whatever to render and promulgate a decision of or for the
FACTS: Rolando Salvador was proclaimed winner in a mayoralty race Commission. Indeed, even the Chairman, alone, had not that power.
in May 14, 2001 elections. His opponent, Romeo Estrella, filed before As clearly set out in the Constitution then in force, the power was
Regional Trial Court (RTC) an election protest which consequently lodged in the Commission on Audit, "composed of a Chairman and two
annulled Salvadors proclamation and declared Estrella as the duly Commissioners." 20 It was the Commission, as a collegial body, which
elected mayor and eventually issued writ of execution. While Salvador then as now, had the jurisdiction to "(d)ecide any case brought before it
filed a petition for certiorari before the Commission on Elections within sixty days from the date of its submission for resolution," subject
(COMELEC), raffled to the Second Division thereof, Estrella moved for to review by the Supreme Court on certiorari. 21
inhibition of Commissioner Ralph Lantion, but a Status Quo Ante Order Hence, the adoption or ratification of the Espiritu decision by the Acting
was issued. However, Commissioner Lantion voluntarily inhibited COA Chairman was inconsequential. Ratification cannot validate an
himself and designated another Commissioner to substitute him. The act void ab initio because done absolutely without authority. The act
Second Division, with the new judge, affirmed with modifications the has to be done anew by the person or entity duly endowed with
RTC decision and declared Estrella as the duly elected mayor. authority to do so.
Salvador filed a Motion for Reconsideration which was elevated to the Moreover, even conceding the contrary, no proper ratification or
COMELEC En Banc, in which this time, Commissioner Lantion validation could have been effected by the Acting Chairman since he
participated by virtue of Status Quo Ante Order issued by the was not the Commission, and he himself had no power to decide any
COMELEC En Banc. He said that as agreed upon, while he may not case brought before the Commission, that power, to repeat, being
participate in the Division deliberations, he will vote when the case is lodged only in the Commission itself, as a collegial body. it must be
elevated to COMELEC En Banc. Hence, Estrella filed a Petition for made clear that the Espiritu Decision was not merely "technically
Certiorari before the Supreme Court. invalid," as the petitioner describes it. It was substantively void ab
initio, because rendered without jurisdiction. It had an essential
ISSUE: Whether a COMELEC Commissioner who inhibited himself in inherent defect that could not be cured or waived.
Division deliberations may participate in its En Banc deliberation