Case Digest: Sandoval v Comelec

ISSUE:  whether the COMELEC's order to set aside petitioner's proclamation was valid. 

FACTS:  Petitioner and private respondent herein were candidates for the congressional seat for the Malabon-Navotas legislative district during the elections held on May 11, 1998. After canvassing the municipal certificates of canvass, the district board of canvassers proclaimed petitioner the duly elected congressman. The petitioner took his oath of office on the same day. Private respondent filed with the Comelec a petition, which sought the annulment of petitioner's proclamation. He alleged that there was a verbal order from the Comelec Chairman to suspend the canvass and proclamation of the winning candidate, but the district board of canvassers proceeded with the canvass and proclamation despite the said verbal order. He also alleged that there was non-inclusion of 19 election returns in the canvass, which would result in an incomplete canvass of the election returns. The Comelec en banc issued an order setting aside the proclamation of petitioner and ruled the proclamation as void. Hence, this petition for certiorari seeking the annulment and reversal of the Comelec order. 

DECISION:  No 

RATIO DECIDENDI:  its order to set aside the proclamation of petitioner is invalid for having been rendered without due process of law. Procedural due process demands prior notice and hearing. The facts show that COMELEC set aside the proclamation of petitioner without the benefit of prior notice and hearing and it rendered the questioned order based solely on private respondent's allegations.