Cipriano v. COMELEC (2004, Puno, J.

) Substantial Issue: WON Resolution 5363 is valid Petitioner: Deprived of due processresolution intended to oust her from her position as SK Chairman without any appropriate action and proceedings Respondent: Invoked administrative power to enforce and administer election laws. o COMELEC may motu proprio deny or cancel CoCs to be unqualified for the position Publication of Resolution 4801 governing the conduct of brgy and SK elections in 2 newspapers of general circulation sufficient notice to candidates

Held: Resolution 5363, together with Resolution 5781, not valid Ratio: As an independent constutional commission, COMELEC is clothed with 3 powers of govtexecutive, legislative and quasi-judicial powers. o Aside from the powers vested by the Constitution, it also exercises other powers expressly provided in the Omnibus Election Code (OEC), one of which is the authority to deny due course to or cancel Certificate of Candidacy (CoC)exercise, however, must be in accordance with conditions set by law COMELEC may not, by itself, without proper proceedings, deny due course to or cancel a CoC filed in due form. It is the duty of COMELEC to give due course to CoCs filed in due form is ministerial in character. o Sec. 76, OECministerial duty of COMELEC to receive and acknowledge receipt Sec. 78, OEC allows any person to file before COMELEC a petition to deny due course to or cancel CoC on the ground that any material representation therein is false. o Rule 23, COMELEC Rules of Procedurepetition shall be heard summarily after due notice Candidate must be notified of the petition against him and should be given opportunity to present evidencedue process requirement Summary proceedingssubmission of position papers together with affidavits, counter-affidavitss, and other documentary evidence in lieu of oral testimony When there is a need for clarificationCOMELEC may allow cross-examination of affiants

Denial of due course or cancellationnot administrative but quasijudicialpower rests in judgment or discretion o Determination of whether material representation is false or not, or determination of whether candidate is eligible involves determination of factboth parties must be allowed to adduce evidence o Must be notified of the proceedings and opportunity to refute allegations o Not sufficient that candidate be notified of the COMELECs inquiry into the veracity of the contents of his CoC, but he must also be allowed to present his own evidence to prove that he possesses the qualifications for the office he seeks.

-MIGS