Case Digest: Brillantes vs. Comelec

G.R. No. 163193             June 15, 2004

SIXTO S. BRILLANTES, JR., petitioner,
JOSE CONCEPCION, JR., JOSE DE VENECIA, EDGARDO J. ANGARA, DR. JAIME Z. GALVEZ-TAN, FRANKLIN M. DRILON, FRISCO SAN JUAN, NORBERTO M. GONZALES, HONESTO M. GUTIERREZ, ISLETA, AND JOSE A. BERNAS, Petitioners-in-Intervention,
vs.COMMISSION ON ELECTIONS, respondent.

Facts:

Comelec issued resolutions adopting an Automated Elections System including the assailed resolution, Resolution 6712, which provides for the electronic transmission of  advanced result of “unofficial” count. Petitioners claimed that the resolution would allow the preemption and usurpation of the exclusive power of Congress to canvass the votes for President and Vice-President and would likewise encroach upon the authority of NAMFREL, as the citizens’ accredited arm, to conduct the "unofficial" quick count as provided under pertinent election laws. Comelec contended that the resolution was promulgated in the exercise of its executive and administrative power "to ensure free, orderly, honest, peaceful and credible elections” Comelec added that the issue is beyond judicial determination.

Issue:

Whether or not Comelec's promulgation of  Resolution 6712 was justified.

Ruling:

The Comelec committed grave abuse of discretion amounting to lack or excess of jurisdiction in issuing Resolution 6712. The issue squarely fell within the ambit of the expanded jurisdiction of the court.

Article VII, Section 4 of the Constitution, further bolstered by RA 8436, vest upon Congress the sole and exclusive authority to officially canvass the votes for the elections of President and Vice-President. Section 27 of Rep. Act No. 7166, as amended by Rep. Act No. 8173, and reiterated in Section 18 of Rep. Act No. 8436, solely authorize NAMFREL, the duly-accredited citizen’s arm to conduct the “unofficial counting of votes for the national or local elections. The quick count under the guise of an “unofficial” tabulation would not only be preemptive of the authority of congress and NAMFREL, but would also be lacking constitutional and/or statutory basis. Moreover, the assailed COMELEC resolution likewise contravened the constitutional provision that "no money shall be paid out of the treasury except in pursuance of an appropriation made by law." It being “unofficial”, any disbursement of public fund would be contrary to the provisions of the Constitution and Rep. Act No. 9206, which is the 2003 General Appropriations Act. 

The Omnibus Election Code in providing the powers and functions of the Commission subjects the same to certain conditions with respect to the adoption of the latest technological and electronic devices, to wit: (1)consideration of the area and available funds (2) notification to all political parties and candidates. The aforementioned conditions were found to have not been substantially met.

Resolution 6712 was null and void.

Categories: 2004, Automated ELections System, Brillantes vs. Comelec, Election Case, G.R. No. 163193, June 15, Resolution 6712