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a collections of case digests and laws that can help aspiring law students to become a lawyer


Case Digest: Sarmiento v Comelec

6/27/2020

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ISSUE:  Whether or not the Commission on Elections en banc may hear and decide pre-proclamation cases classified as special cases. 

FACTS: 
Petitioners impugned the challenged resolutions of the Commission on Elections in pre-proclamation cases classified as special cases. 

DECISION: 
No 

RATIO DECIDENDI: 
Article IX-C, Section 3 of the Constitution expressly provides that election cases include pre-proclamation controversies, and all such cases must first be heard and decided by a division of the commission. The commission, sitting en banc, does not have the authority to hear and decide the same at the first instance.  
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