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JOELBITO-ONON v. JUDGE NELIA YAP FERNANDEZ

FACTS:

The case involves the question of whether the Regional Trial Court (RTC) has jurisdiction to review the decisions of the Board of Election Supervisors (BES) in post-proclamation electoral protests in connection with the 1997 Liga ng mga Barangay election of officers and directors. The petitioner, Joel Bito-Onon, was proclaimed the winning candidate for the position of Executive Vice-President of the Liga ng Barangay Provincial Chapter in Palawan. The private respondent, Elegio Quejano, filed a post-proclamation protest with the BES, which ruled against him. Dissatisfied with the decision, Quejano filed a Petition for Review with the RTC. Bito-Onon, on the other hand, filed a motion to dismiss the Petition for Review, claiming that the RTC had no jurisdiction over the case. He argued that the Supplemental Guidelines issued by the Department of Interior and Local Government (DILG) for the 1997 Liga ng mga Barangay election, which provided for the review of BES decisions by the regular courts, were void for being issued without jurisdiction and an exercise of control over the Liga's internal organization. The RTC denied Bito-Onon's motion to dismiss, asserting that it had jurisdiction over the case. Bito-Onon then filed a petition for certiorari and prohibition with the Supreme Court, alleging that the DILG Secretary exceeded his authority in issuing the Supplemental Guidelines and that the RTC committed grave abuse of discretion in denying the motion to dismiss. The Solicitor General also agreed with Bito-Onon's position. The Supreme Court initially denied Bito-Onon's motion for a restraining order but eventually upheld his position upon careful review.

ISSUES:

  1. Whether or not the questioned provision in Memorandum Circular 97-193 was issued by the DILG Secretary in excess of his authority.

  2. Whether or not the respondent judge committed grave abuse of discretion in issuing the questioned orders.

RULING:

  1. The Court sided with the petitioner on both issues.

PRINCIPLES:

  • The Secretary of the Department of Interior and Local Government has the power to establish and prescribe rules, regulations, and other issuances on the general supervision of local government units and the promotion of local autonomy.

  • The Secretary of the DILG's rule-making power is conferred by the Administrative Code.

  • The DILG's issuance of Memorandum Circular No. 97-193, which provided for review of decisions or resolutions of the Board of Election Supervisors by the regular courts of law, was an exercise of control over the Liga's internal organization and not mere supervision.

  • The petitioner was not required to exhaust the remedy of appealing to the National Liga Board before filing the petition for review with the RTC.