G.R. No.

192289 January 8, 2013

KAMARUDIN K. IBRAHIM, Petitioner,

vs.
COMMISSION ON ELECTIONS and ROLAN G. BUAGAS, Respondents.

REYES, J.:

Under Section 3, Rule 23 of the 1993 COMELEC Rules of Procedure, a petition for the denial or
cancellation of a

certificate of candidacy must be heard summarily after due notice. It is thus clear that cancellation
proceedings involve

the exercise of the quasi-judicial functions of the COMELEC which the COMELEC in division should first
decide.

Under the same Rules of Procedure, jurisdiction over a petition to cancel a certificate of candidacy lies
with the

COMELEC sitting in Division, not en banc. Cases before a Division may only be entertained by the
COMELEC en

banc when the required number of votes to reach a decision, resolution, order or ruling is not obtained in
the Division.

Moreover, only motions to reconsider decisions, resolutions, orders or rulings of the COMELEC in
Division are

resolved by the COMELEC en banc.