Administrative Supervision and Control

TAULE vs. SANTOS

August 12, 1991
G. R. No. 90336

This is a petition for certiorari seeking the reversal of the resolutions of respondent Secretary dated
August 4, 1989 and September 5, 1989 for being null and void.
Facts:
An election for the officers of the Federation of Associations of Barangay Council (FABC) was held on
June 18, 1989 despite the absence of other members of the said council. Including Petitioner was elected
as the president.
Respondent Verceles sent a letter of protest to respondent Santos, seeking its nullification in view of
several flagrant irregularities in the manner it was conducted.
Petitioner denied the allegations of respondent Verceles and denouncing respondent for intervening in the
said election which is a purely non-partisan affair. And requesting for his appointment as a member of the
Sangguniang Panlalawigan of the province being the duly elected President of the FABC in Catanduanes.
Respondent Santos issued a resolution on August 4, 1989 nullifying the election and ordering a new one
to be conducted as early as possible to be presided by the Regional Director of Region V of the
Department of Local Government. Petitioner filed a motion for reconsideration but it was denied by
respondent Santos in his resolution on September 5, 1989.
Thus this petition before the Supreme Court.
Issues:
1)WON the respondent Santos has jurisdiction to entertain an election protest involving the election of the
officers of the FABC.
2)WON the respondent Verceles has the legal personality to file an election protest.
Held: 1. No. The Secretary of Local Government has no jurisdiction to entertain any protest involving the
election of officers of the FABC. He is only vested with the power to promulgate rules and regulations
and to exercise general supervision over the local government as provided in the Local Government Code
and in the Administrative Code.
It is the exclusive original jurisdiction of the inferior to hear election protest and the COMELEC have the
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appellate jurisdiction over it.

2) Yes. The Governor has the personality to file the protest. Under Section 205 of the Local Government
Code, the membership of the sangguniang panlalawigan consists of the governor, the vice-governor,
elective members of the said sanggunian, etc. He acted as the presiding officer of the sangguniang
panlalawigan. As presiding officer, he has an interest in the election of the officers of the FABC since its
elected president becomes a member of the assembly. If said member assumes his place under
questionable circumstances, the sanggunian may be vulnerable to attacks as to their validity or legality.
Therefore, respondent governor is a proper party to question the regularity of the elections of the officers
of the FABC.
The election of officers of the FABC held on June 18, 1989 is null and void for not complying with the
provisions of DLG Circular No. 89-09.
DLG Circular No. 89-09 provides that "the incumbent FABC President or the Vice-President shall preside
over the reorganizational meeting, there being a quorum." It is admitted that neither the incumbent FABC
President nor the Vice-President presided over the meeting and elections but Alberto P. Molina, Jr., the
Chairman of the Board of Election Supervisors/Consultants. Therefore, there was a clear violation of the
said mandatory provision.
Pending resolution, petitioner also filed a supplemental petition alleging that public respondent Local
Government Secretary, in his memorandum dated June 7, 1990, designated Augusto Antonio, despite him
being absent on said election. The Secretary of Local Government has no authority to appoint anyone
who does not meet the minimum qualification to be the president of the federation of barangay councils.

Wherefore, Petition GRANTED. Assailed August 4, 1989 and September 5, 1989 resolution is SET
ASIDE for having been issued in excess of jurisdiction. However, the election on June 18, 1989 is
annulled. A new election of officers of the FABC be conducted immediately in accordance with the
governing rules and regulations. Supplemental petition is likewise partially granted.