Salva v.

Makalintal

• This is an appeal, seeking the reversal of an order denying the issuance of

a TRO to enjoin the Comelec from holding the plebiscite ****

- Petitioners filed a class suit against the Sanggunian Panglalawigan of

Batangas and the Comelec for the annulment of Ordinance No. 05 and
Resolution 345 and for the issuance of a TRO

o Ordinance 5: declared the abolition of barangay San Rafael and its

merger with barangay Dacanlao and instructed the Comelec to
conduct the required plebiscite (Sec 9-10, LGC)

o Resolution 345: affirmed the effectivity of Ordinance 5

o Pursuant to the said Resolution and Ordinance, the Comelec

promulgated Resolution 2987, providing for the rules and
regulations governing the conduct of the plebiscite

- Trial court denied the motion for TRO and declared that such must be
directed to the SC

- Hence, this petition

- Petitioners contend that the assailed Order of the RTC encourages

multiplicity of suits and splitting a single cause of action

o That petitioner seek the TRO before this Court and not the RTC

- That Resolution 2987 is dependent on the validity of Ordinance 5 and

Resolution 345

- Petitioners assert that when the Comelec exercises its quasi-judicial

function, its subject to this Court; but where it performs its ministerial
duty, it is subject to the RTC

o The conduct of a plebiscite is ministerial in nature

- Petitioner assert that the holding of a plebiscite could not validate an

otherwise invalid ordinance and resolution

- SG:

o What is reviewable by this Court are those exercised in its

adjudicatory/quasi-judicial function, and not those ministerial in
nature

o The issuance of Resolution 2987 was an incident of its inherent

administrative function

 It does not involve any exercise of discretionary authority;

nor hear and resolve controversies in view of their
adjudicatory function
  The said resolution is not deemed as a “final order”
reviewable by the SC

• What are deemed as final orders, rulings are those

rendered in the exercise of its adjudicatory/quasi-
judicial powers

- Hence, any question pertaining to the validity of said resolution may be

taken in an ordinary civil action before the trial courts

- Petition for review is GRANTED

- Plebiscite deferred; RTC is ordered to proceed in resolving the Civil Case