Flores vs.

COMELEC Facts: Roque Flores was declared by the board of canvassers as having the highest number of votes for kagawad on the March 1989 elections, in Barangay Poblacion, Tayum, Abra, and thus proclaimed punong barangay in accordance with Section 5 of R.A. 6679. However, his election was protested by private respondent Rapisora, who placed 2 nd in the election with 1 vote less than Flores. MCTC of Tayum sustained Rapisora and installed him as punong barangay in place of Flores after deducting 2 votes as stray from the latters total. Flores appealed to the RTC, which affirmed the challenged decision in toto. The judge agreed that the 4 votes cast for Flores only, without any distinguishing first name or initial, should all have been considered invalid instead of being divided equally between the petitioner and Anastacio Flores, another candidate for kagawad. The total credited to Flores was correctly reduced by 2, demoting him to 2nd place. Flores went to the COMELEC, which dismissed his appeal on the ground that it had no power to review the decision of the RTC, based on Section 9 of R.A. 6679, that decisions of the RTC in a protest appealed to it from the MTC in barangay elections on questions of fact shall be final and non-appealable. In his petition for certiorari, the COMELEC is faulted for not taking cognizance of the petitioners appeal. Issue: Whether or not the decisions of Municipal or Metropolitan Courts in barangay election contests are subject to the exclusive appellate jurisdiction of the COMELEC considering Section 9 of R.A. No. 6679? Ruling: The dismissal of the appeal is justified, but on an entirely different and more significant ground, to wit, Article IX-C, Section 2(2) of the Constitution, providing that the COMELEC shall Exercise exclusive original jurisdiction over all contests relating to the elections, returns and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Municipal or Metropolitan Courts being courts of limited jurisdiction, their decisions in barangay election contests are subject to the exclusive appellate jurisdiction of the COMELEC under the

afore-quoted section. Hence, the decision rendered by the Municipal Circuit Trial Court, should have been appealed directly to the COMELEC and not to the RTC. Accordingly, Section 9 of Rep. Act No. 6679, insofar as it provides that the decision of the municipal or metropolitan court in a barangay election case should be appealed to the RTC, must be declared unconstitutional.