Digest Election Law free essay sample

G. R. No. L-31455 February 28, 1985 FILIPINAS ENGINEERING AND MACHINE SHOP, Petitioner, versus HON. JAIME N. FERRER, LINO PATAJO et. Al. Cuevas J. Realities: In anticipation of the national appointment of November 11, 1969, at that point respondent Commissioners of the Commission on Elections (COMELEC) gave an INVITATION TO BID CALL No. 127 on September 16, 1969 requiring the accommodation of fixed proposition for the production and conveyance of 1 1,000 units of casting a ballot corners. Among the seventeen bidders who submitted recommendations because of the said INVITATION were the in this candidate, Filipinos Engineering and Machine Shop, (Filipinas for short) and the private respondent, Acme Steel Manufacturing Company, (Acme for short). the COMELEC gave a Resolution granting the agreement (for casting a ballot corners) to Acme, subject to the condition, among others, that (Acme) improves the example submitted in such way as it would be rust evidence or rust proof. On October 11, 1969, the COMELEC gave Purchase Order No. 682 for the production and gracefully of the 11,000 Units of casting a ballot stalls for Acme. Summit acknowledged the provisions of the buy. chanroblesvirtualawlibrary chanrobles virtual law library On October 16, 1969, Filipinas documented an Injunction suit with the then Court of First Instance of Manila, docketed as Civil Case No. 77972, against in this open respondents COMELEC Commissioners, administrator and individuals from the Comelec Bidding Committee, and private respondent Acme. hanroblesvirtualawlibrary chanrobles virtual law library Filipinas additionally applied for a writ of fundamental directive. In the wake of hearing candidates said application, the respondent Judge in a request dated October 20, 1969 denied the writ petitioned God for. Following up on the movement (to excuse), the respondent Judge gave the addressed Order excusing Civil Case No. 77972. Filipinas movement for reevaluation was precluded for need from claiming merit. chanroblesvirtualawlibrary chanrobles virtual law library Hence, the moment request. chanroblesvirtualawlibrary chanrobles virtua l law library Issues: Regardless of whether the lower court has ward to take awareness of a suit including a request for the COMELEC managing an honor of agreement emerging from its challenge to offer; Whether or not Filipinas, the losing bidder, has a reason for activity under the premises against the COMELEC and Acme, the triumphant bidder, to urge them from conforming to their agreement. chanroblesvirtualawlibrary chanrobles virtual law library s virtual law library Held: The Supreme Court settled the primary issue in the positive. By established command chanrobles virtual law library The Commission on Elections will have selective charge of the requirement and organization of all laws comparative with the direct of races and will practice every single other capacity which might be given upon it by law Hence it has been reliably held 9 that it is the Supreme Court, not the Court of First Instance, which has restrictive purview to survey on certiorari official conclusions, requests or decisions of the COMELEC comparative with the lead of races and implementation of political race laws. hanroblesvirtualawlibrary chanrobles virtual law library We are in any case, a long way from persuade that a request for the COMELEC granting an agreement to a private gathering, because of its decision among different recommendations submitted in light of its challenge to offer comes surprisingly close to a last request which is only and straightforwardly appealable to this court on certiorari. What is pondered by the term last requests, decisions and choices of the COMELEC reviewable by certiorari by the Supreme Court as gave by law are those rendered in activities or procedures before the COMELEC and taken insight of by the said body in the activity of its adjudicatory or semi legal forces. chanroblesvirtualawlibrary chanrobles virtual On the subsequent issue, We decide that Filipinas, the losing bidder, has no reason for activity under the premises to charge the COMELEC from seeking after its agreement with Acme, the triumphant bidder. hanroblesvirtualawlibrary chanrobles virtual law library While the facts may prove that the lower court has the locale over contentions managing the COMELECs grant of agreements, the equivalent being simply managerial and common in nature, in any case, in this candidate has no reason for activity based on the claims of its grumbling. chanroblesvirtualawlibrary chanrobles virtual law library Indeed, while the law requires the activity of so und tact with respect to obtainment specialists, 10 and that the booking to dismiss any or all ids may not be utilized as a shield to a fake honor, 11 solicitor has wretchedly neglected to demonstrate or validate the presence of malignance or extortion with respect to the open respondents in the tested honor. chanroblesvirtualawlibrary chanrobles virtual law library In giving the goals granting the agreement for casting a ballot corners in Acmes favor, the Commissioners of the COMELEC had considered that Acmes offer was the least; that Acme was a capable maker; and that upon a visual review of the examples put together by the bidders, Acmes test was great picked dependent upon specific conditions refered to in the goals. In fine, the open respondents appropriately practiced its sound circumspection in making the honor. chanroblesvirtualawlibrary chanrobles virtual law library WHEREFORE, seeing the moment request as without merit beside being debatable and scholarly, the equivalent is thus DISMISSED. G. R. No. 108399 July 31, 1997 RAFAEL M. ALUNAN III et. al versus ROBERT MIRASOL, et. al FACTS: August 27, 1992, the Commission on Elections gave Resolution No. 499, giving rules to the holding of the general races for the SK on September 30, 1992 The rules put the SK races under the immediate control and oversight of the DILG, with the specialized help of the COMELEC. 2 After two deferments, the decisions were at long last booked on December 4, 1992. In like manner, enrollment in the six regions of Manila was led. A sum of 152,363 youths, matured 15 to 21 years of age, enrolled, 15,749 of them documenting endorsements of nominations. The City Council passed the fundamental appointments for the decisions. On September 18, 1992, be that as it may, the DILG, through then Secretary Rafael M. Alunan III, gave a letter-goals exclusion the City of Manila from holding decisions for the SK on the ground that the races recently hung on May 26, 1990 were to be viewed as the first under the recently ordered Local Government Code. On November 27, 1992 private respondents, professing to speak to the 24,000 individuals from the Katipunan ng Kabataan, documented a request for certiorari and mandamus in the RTC of Manila to put aside the goals of the DILG. They contended that solicitor Secretary of Interior and Local Government had no capacity to correct the goals of the COMELEC calling for general races for SKs and that the DILG goals being referred to denied them the equivalent security of the laws. On November 27, 1992, the preliminary court, through Executive Judge, presently COMELEC Chairman, Bernardo P. Pardo, gave a directive, requesting applicants to cease from actualizing the request for the respondent Secretary dated September 18, 1992, . . . until further requests of the Court. Around the same time, he requested applicants to play out the predefined pre-political decision exercises so as to execute Resolution No. 2499 dated August 27, 1992 of the Commission on Elections accommodating the holding of a general appointment of the Sangguniang Kabataan on December 4, 1992 at the same time in each barangay all through the nation. The case was hence reraffled to Branch 36 of a similar court. On January 19, 1993, the new adjudicator , Hon. Wilfredo D. Reyes, rendered a choice, holding that (1) the DILG had no capacity to absolve the City of Manila from holding SK decisions on December 4, 1992 on the grounds that under Art. IX, C,  §2(1) of the Constitution the ability to uphold and direct all laws and guidelines comparative with the lead of a political race, plebiscite, activity, choice, and review is vested exclusively in the COMELEC; (2) the COMELEC had as of now as a result confirmed that there had been no past races for KB by calling for general decisions for SK officials in each barangay no matter what; and (3) the exception of the City of Manila was violative of the equivalent insurance condition of the Constitution in light of the fact that, as indicated by the DILGs records, in 5,000 barangays KB races were held between January 1, 1988 and January 1, 1992 yet just in the City of Manila, where there were 897 barangays, was there no races hung on December 4, 1992. Applicants looked for this audit on certiorari. ISSUE: There are two inquiries brought up for this situation. The first is whether the Secretary of Interior and Local Government can exclude a nearby government unit from holding decisions for SK officials on December 4, 1992 and the second is whether the COMELEC can give that the Department of Interior and Local Government will have direct control and oversight over the appointment of sangguniang kabataan with the specialized help by the Commission on Elections. HELD: First. As effectively expressed, by  §4 of Resolution No. 2499, the COMELEC put the SK races under the immediate control and management of the DILG. In spite of respondents dispute, this didn't negate Art. IX, C,  §2(1) of the Constitution which gives that the COMELEC will have the ability to uphold and direct all laws and guidelines comparative with the lead of a political race, plebiscite, activity, submission, and review. Races for SK officials are not dependent upon the oversight of the COMELEC similarly that, as we have as of late held, challenges including appointment of SK authorities don't fall inside the ward of the COMELEC Second. It is fought that, in its goals being referred to, the COMELEC didn't