Legally Yours,  Political Law

Gallardo v. Judge Tabamo

Gallardo v. Judge Tabamo

218 SCRA 253


Private respondent filed his Petition (Special Civil Action No. 465) against petitioners to prohibit and restrain them from pursuing or prosecuting certain public works projects. Said projects were undertaken in violation of the 45-day ban on public works imposed by the Omnibus Election Code (Batas Pambansa Blg. 881). Respondent Judge issued the questioned Temporary Restraining Order (TRO).


Whether or not the trial court has jurisdiction over the subject matter of Special Civil Action No. 465.


Zaldivar vs. Estenzo had squarely resolved the issue above posed. The Commission on Elections is vested by the Constitution with the exclusive charge of the enforcement and administration of all laws relative to the conduct of elections. The assumption of jurisdiction by the trial court over a case involving the enforcement of the Election Code is at war with the plain constitutional command. The present Constitution and extant election laws have further strengthened the foundation for the above doctrine. There can be no doubt that the present COMELEC has broader powers than its predecessors. The present Constitution envisions a truly independent Commission on Elections committed to ensuring free, orderly, honest, peaceful and credible elections, and to serve as the guardian of the people’s sacred right of suffrage.

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