Antonio vs. COMELEC election.

election. The trial court shall decide the election protest within fifteen days after the
[G.R. No. 135869. September 22, 1999] filing thereof. The decision of the municipal or metropolitan trial court may be
Topic: JUDICIAL REVIEW AND REMEDIES appealed within ten days from receipt of a copy thereof by the aggrieved party to the
Petitioners: RUSTICO H. ANTONIO regional trial court which shall decide the case within thirty days from its submission,
Respondents: COMMISSION ON ELECTIONS and VICENTE T. MIRANDA, JR., respondents. and whose decisions shall be final.
Ponente: J. Gonzaga-Reyes
ISSUE:
FACTS:
Whether the period to appeal a decision of a municipal trial court to the COMELEC in an election
protest involving a barangay position is 5 days per COMELEC Rules of Procedure or 10 days as
 The parties here are rival candidates for the Punong Barangay of Bgy. Ilaya, Las Pinas,
provided for in RA 6679 and the Omnibus Election Code.
Manila.
 After Antonio was proclaimed winner, Miranda, Jr. filed an election protest before the MTC
HELD: The protest is within 5 days.
of Las Pinas. The trial court ruled in favor of the latter and declared Miranda as the duly
elected Barangay Chairman.
 Section 6, Article IX-A of the 1987 Constitution grants and authorizes the COMELEC to
 Nine days from receipt of the decision, Antonio filed a Notice of Appeal before the
promulgate its own rules of procedure.
COMELEC. The Commission, however, dismissed the same on the ground that Antonio
 The 1993 COMELEC Rules of Procedure have provided a uniform five (5) day period for
failed to perfect his appeal within the prescribed time.
taking an appeal consistent with the expeditious resolution of election-related cases. It
 In dismissing the appeal, the COMELEC relied on Section 21, Rule 35 of the COMELEC Rules
would be absurd and therefore not clearly intended, to maintain the 10-day period
of Procedure which reads:
for barangay election contests.
 SEC. 21. Appeal From any decision rendered by the court, the aggrieved party may
 In view of the Flores vs. COMELEC case, jurisprudence has consistently recognized that the
appeal to the Commission on Elections within five (5) days after the promulgation of
COMELEC Rules of Procedure are controlling in election protests heard by a regional trial
the decision.
court. The Court en banc has held in Rodillas vs. COMELEC that the procedure for
 On the other hand, petitioner contends that the period of appeal from decisions of the
perfecting an appeal from the decision of the Municipal Trial Court in a barangay election
Municipal Trial Courts or Metropolitan Trial Courts involving barangay officials is governed
protest case is set forth in the COMELEC Rules of Procedure. More recently, in Calucag vs.
by Section 9 of Republic Act 6679 and Section 252 of the Omnibus Election Code which
Commission on Elections, the Court en banc had occasion to state that: xxx. Therefore, the
reads:
COMELEC is the proper appellate court clothed with jurisdiction to hear the appeal, which
 SEC. 9. A sworn petition contesting the election of a barangay official may be filed
appeal must be filed within five days after the promulgation of the MTC s decision. xxx.
with the proper municipal or metropolitan trial court by any candidate who has duly
 Significantly, Section 5(5), Article VIII of the Constitution provides in part that [r]ules of
filed a certificate of candidacy and has been voted for a barangay office within ten (10)
procedure of special courts and quasi-judicial bodies shall remain effective unless
days after the proclamation of the results of the election. The trial court shall decide
disapproved by the Supreme Court.
the election protest within thirty (30) days after the filing thereof. The decision of the
 The period for filing an appeal is by no means a mere technicality of law or procedure. It is
municipal or metropolitan trial court may be appealed within ten (10) days from
an essential requirement without which the decision appealed from would become final
receipt of a copy thereof by the aggrieved party to the regional trial court which shall
and executory as if no appeal was filed at all. The right of appeal is merely a statutory
decide the issue within thirty (30) days from receipt of the appeal and whose decision
privilege and may be exercised only in the manner prescribed by, and in accordance with,
on questions of fact shall be final and non-appealable. For purposes of the barangay
the provisions of the law. By virtue of Section 9 (d), Rule 22 of the COMELEC Rules of
elections, no pre-proclamation cases shall be allowed.
Procedure which provides that an appeal may be dismissed upon motion of either party or
 SEC. 252. Election contest for barangay offices. A sworn petition contesting the
at the instance of the Commission for failure to file a notice of appeal within the prescribed
election of a barangay officer shall be filed with the proper municipal or metropolitan
period, the COMELEC is precisely given the discretion, in a case where the appeal is not
trial court by any candidate who has duly filed a certificate of candidacy and has been
filed on time to dismiss the action or proceeding.
voted for the same office within ten days after the proclamation of the results of the