#1 A.M. No. 03-8-22-SC. September 16, 2003 RE: EM NO.

03-010 - ORDER OF THE FIRST DIVISION OF THE COMMISSION ON ELECTIONS DATED AUGUST 15, 2003. FACTS: In its 38-page Resolution, the COMELEC First Division dismisses the Petitions for Contempt against the Chief Justice and some Associate Justices and basically insinuates two points as follows: (1) that it possesses the power to hold in contempt the Chief Justice and some Associate Justices for their participation and vote in decisions and orders of this Court, which allegedly interfered with or impeded the proceedings of the Commission; and that it had in fact determined the "existence of sufficient grounds to declare respondents in contempt of [the] Commission and to 'impose the proper penalty," were it not for the fact that the Justices were impeachable officers who "must first be removed from office by impeachment before any punitive measure may be imposed against them."

(2)

ISSUE: Whether the reasons given by the COMELEC in dismissing the Petitions for Contempt are with legal basis. HELD: NO. The ratiocinations constitute plain and simple legal balderdash. FIRST, the Commission has no jurisdiction to hold the Court or any of its Members in contempt for any, decision, order or official action they issue. Verily, under Article VIII, Section 1 of the Constitution "[j]udicial power includes the duty of the courts of justice x x x to, determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government." More specifically, Article. IX, Section 7 of the Constitution grants the Supreme Court the authority to pass upon on certiorari "any decision, order or ruling" of the COMELEC and other constitutional commissions. True, the COMELEC -- along with the Commission on Audit, the Commission on Civil Service and the, Ombudsman -- is a constitutionally created body with constitutionally mandated functions. However, the actions of all such constitutional, bodies are subject to" certiorari review by the Supreme Court . Thus, the Court may intervene, strike down or modify COMELEC's actions without itself incurring any liability for contempt; whether its Justices happen to be impeachable officers or not if the Supreme Court (or its Members) can be held liable for contempt for official actions, then it would cease to be "supreme" in its task of interpreting the law and would become subordinate to whichever agency claims the power to cite the Court or its Members for contempt. In short, the fact that Supreme Court Justices are impeachable officers should not be the ground for the COMELEC's dismissal of the contempt charges. Rather, they cannot be held liable for contempt, because their herein questioned Decision, Resolution, and Order that have allegedly interfered with, proceedings of the COMELEC were made pursuant to their constitutional function . To stop or impede COMELEC's proceedings when these have been conducted without or in excess of jurisdiction or with grave abuse of discretion is not merely a judicial prerogative; the Constitution mandates such move as a judicial duty." The performance of this duty cannot subject the Court or its Members to contempt of the COMELEC; otherwise, they would not be able to reverse or modify its abusive actions.

SECOND. The COMELEC's notion that impeachable officers cannot be held in contempt is palpably incorrect or at least misleading. Maliciously implied in this notion is that the Supreme Court erred in holding the Chairman and Members of the COMELEC in contempt via its Resolution. As mentioned earlier, this Court has undisputed certiorari powers over the actions of the Commission on Elections. As an incident of such prerogative, the Court has the inherent authority to enforce its orders and to hold the COMELEC's Chairman and Commissioners in contempt when they impede, obstruct, or degrade its proceedings or orders, or disobey, ignore or otherwise offend its dignity. Clearly, the COMELEC has no reciprocal constitutional power to pass upon the actions of this Court or its Members Hence, the Commission has absolutely no authority to hold them in contempt as an incident of its inexistent power of review. Even more clearly, it has no right to recriminate or sulk when its imprudent actions are reversed, or its Members held in contempt for their rash actions. THIRD, under the doctrine of separation of powers, the three major branches of government -- the Executive, the Legislative and the Judicial -- are coequal and coordinate with each other. But none may interfere with, review or pass upon the exclusive powers vested in each of them by the Constitution. Specifically, not even the other two great branches of government may reverse or modify decisions and orders of the Supreme Court in given case -- not the President, not Congress much less the COMELEC. While the COMELEC is given specific powers and functions by the Constitution, the Commission does not have the same level and standing as the three great branches of government. Hence, erroneous and whimsical are all pretentions of equality, with those three, as unabashedly propositioned directly or indirectly. WHEREFORE, the Resolution promulgated by the First Division of the Commission on Elections in EM-03010 and EM-03-01 1, is NOTED insofar as it DISMISSED the Petitions for Contempt; but its "reasons given" therefor are DECLARED UTTERLY BASELESS for having been 'palpably issued without jurisdiction, being in clear contravention of the Constitution and, of our Resolution.