Soller V. Comelec

Soller v. COMELEC Facts: Ferdinand Thomas Soller and Angel Saulong were both candidates for mayor of the Municipality of Bansud, Oriental Mindoro in the May 1998 elections. On May 14, 1998, Soller was proclaimed by the municipal board of canvassers as the duly elected mayor. On May 19, 1998, Saulong filed with the COMELEC a petition for annulment of the proclamation/exclusion of election return. On May 25, 1998, Saulong also filed an election protest before the RTC. Soller moved to dismiss Saulong’s protest on the ground of lack of jurisdiction, forum-shopping and failure to state a cause of action. On July 3, 1998, the COMELEC dismissed the petition filed by Saulong. On the other hand, the RTC denied Soller’s motion to dismiss. Soller then filed a petition for certiorari with the COMELEC contending that the RTC acted without jurisdiction or with grave abuse of discretion in not dismissing the election protest. COMELEC en banc dismissed the petition. Hence, this suit. Issue: Whether the COMELEC, sitting en banc, has jurisdiction over Soller’s petition Held: No. Sarmiento v. COMELEC applies. The authority to resolve a petition for certiorari involving incidental issues of election protest, like the questioned order of the trial court falls within the jurisdiction of the COMELEC by division and not en banc. Issue: Whether the COMELEC gravely abused its discretion amounting to lack or excess of jurisdiction in not ordering the dismissal of private respondent's election protest Held: No. A close scrutiny of the receipts will show that Saulong failed to pay the filing fee of 300 pesos for his protest as prescribed by the COMELEC rules. A court acquires jurisdiction over any case only upon paymeny of the prescribed docket fee. Patently, the RTC did not acquire jurisdiction over Saulong’s protest. The SC also held that the verification of the protest was defective. Since the petition lacked proper verification, it should be treated as an unsigned pleading and must be dismissed. The protest likewise failed to comply with the required certification against forum shopping. Saulong successively filed a petition for annulment of the proclamation/exclusion of election return and an election protest. Yet, he did not disclose in his election protest that he earlier filed a petition for annulment of proclamation/exclusion of election returns.