Soller v.

COMELEC

Facts:
Ferdinand Thomas Soller and Angel Saulong were both candidates for
mayor of the Municipality of Bansud, Oriental Mindoro in the May 1998
elections. On May 14, 1998, Soller was proclaimed by the municipal board of
canvassers as the duly elected mayor. On May 19, 1998, Saulong filed with
the COMELEC a petition for annulment of the proclamation/exclusion of
election return. On May 25, 1998, Saulong also filed an election protest
before the RTC. Soller moved to dismiss Saulong’s protest on the ground of
lack of jurisdiction, forum-shopping and failure to state a cause of action. On
July 3, 1998, the COMELEC dismissed the petition filed by Saulong. On the
other hand, the RTC denied Soller’s motion to dismiss. Soller then filed a
petition for certiorari with the COMELEC contending that the RTC acted
without jurisdiction or with grave abuse of discretion in not dismissing the
election protest. COMELEC en banc dismissed the petition. Hence, this suit.

Issue:
Whether the COMELEC, sitting en banc, has jurisdiction over Soller’s
petition

Held:
No. Sarmiento v. COMELEC applies. The authority to resolve a petition
for certiorari involving incidental issues of election protest, like the
questioned order of the trial court falls within the jurisdiction of the COMELEC
by division and not en banc.

Issue:
Whether the COMELEC gravely abused its discretion amounting to lack
or excess of jurisdiction in not ordering the dismissal of private respondent's
election protest

Held:
No. A close scrutiny of the receipts will show that Saulong failed to pay
the filing fee of 300 pesos for his protest as prescribed by the COMELEC
rules. A court acquires jurisdiction over any case only upon paymeny of the
prescribed docket fee. Patently, the RTC did not acquire jurisdiction over
Saulong’s protest. The SC also held that the verification of the protest was
defective. Since the petition lacked proper verification, it should be treated
as an unsigned pleading and must be dismissed. The protest likewise failed
to comply with the required certification against forum shopping. Saulong
successively filed a petition for annulment of the proclamation/exclusion of
election return and an election protest. Yet, he did not disclose in his election
protest that he earlier filed a petition for annulment of
proclamation/exclusion of election returns.