VELAYO V.

COMELEC
9 March 2000

FACTS:

P filed a number of pre-proclamation cases against D. These were

dismissed and D was proclaimed winner. P moved for reconsideration
without furnishing D a copy of the motion. D was also not furnished a
copy of the Order elevating the case to the COMELEC en banc. The
COMELEC then annulled the proclamation of D.

ISSUE:

Whether the COMELEC proceedings were properly conducted

HELD:

No. It is true that RA 7166 provides for summary proceedings in pre-

proclamation cases and does not require a trial-type hearing.
Nevertheless, summary proceedings cannot be stretched to mean ex parte
proceedings. Summary simply means with dispatch, with the least
possible delay. But although the proceedings are summary, the adverse
party must at the very least be notified so that he can be apprised of the
nature and the purpose of the proceeding. In this case, all the proceedings
were conducted without the participation of D. These ex parte
proceedings offend fundamental fairness and are null and void.