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Facts:
July 15, 2002 SK elections of Barangay Pandan del Sur, Pandan, Catanduanes, resp.
Rodriguez won as SK chairman over pet. Fernandez. Fernandez filed a protest in the
MCTC of Pandan. On January 12, 2004, MCTC declared Fernandez as the winner and
ordered her proclamation. Rodriguez appealed to Comelec, which, on Dec. 4, 2006
reversed the MCTC decision. Motion for recon was denied, so Fernandez went to SC
arguing that that the Comelec has no appellate jurisdiction over contests involving
SK officials decided by trial courts of limited jurisdiction.
Held: YES.
The Constitution [Art. IX-C, Sec. 2(2)] vests in the COMELEC appellate jurisdiction
over all contests involving elective barangay officials decided by trial courts of
limited jurisdiction. Construed in relation to the provision in RA 7160 [LocGovCode]
that includes in the enumeration of barangay officials the SK chairman,[Sec. 387(a)]
the constitutional provision indeed sanctions the appellate review by the COMELEC
of election protests involving the position of SK chairman, as in the instant case.
Hence, we find nothing improper in the COMELEC’s assumption of jurisdiction over
respondent’s appeal.