**Barbers vs. COMELEC and Biazon, G.R. No. 164420**
### Facts:
1. **10 May 2004**: National and local elections held in the Philippines.
2. **24 May 2004**: COMELEC sitting en banc as the NBC proclaimed the first 11 duly elected senators based on the Certificates of Canvass (COCs).
3. **2 June 2004**: COMELEC proclaimed Rodolfo G. Biazon as the 12th Senator with 10,635,270 votes. Robert Z. Barbers received 10,624,585 votes.
4. **7 June 2004**: Barbers filed a petition to annul the proclamation of Biazon, claiming it was based on an incomplete canvass and noting potential discrepancies in the remaining votes.
5. **9 June 2004**: Barbers filed an Omnibus Motion asserting the need for immediate hearing and suspension of proclamation effects.
6. **6 July 2004**: COMELEC’s Special Division denied Barbers’ petition, reaffirming Biazon’s proclamation.
7. **25 October 2004**: COMELEC en banc denied Barbers’ motion for reconsideration.
8. **Barbers filed a petition for certiorari and prohibition to the Supreme Court** alleging grave abuse of discretion by COMELEC.
### Issues:
1. Did COMELEC act with grave abuse of discretion by relying on improvised municipal Certificates of Canvass (MCOCs) instead of provincial Certificates of Canvass (PCOCs)?
2. Was the proclamation of Biazon premature due to an incomplete canvass?
3. Does the Supreme Court have jurisdiction over election contests involving members of the Senate?
### Court’s Decision:
– **Jurisdiction**: The Supreme Court highlighted that election contests involving members of the Senate fall under the exclusive jurisdiction of the Senate Electoral Tribunal (SET) per Article VI, Section 17 of the 1987 Constitution. Therefore, the Supreme Court dismissed the petition due to lack of jurisdiction.
– **Grave Abuse of Discretion**: Even though the Supreme Court opted to discuss the issues raised, they found no grave abuse of discretion by COMELEC. COMELEC properly followed the Omnibus Election Code provisions, which allowed termination of the canvass if the remaining uncanvassed returns would not affect the election results. COMELEC’s use of MCOCs over PCOCs was immaterial, as the outstanding uncanvassed votes were insufficient to change the election outcome.
– **Outcome**: Robert Barbers’ petition was dismissed, affirming Rodolfo G. Biazon as the duly elected 12th Senator.
### Doctrine:
– **SET Exclusive Jurisdiction**: The Senate Electoral Tribunal has exclusive jurisdiction over matters contesting elections, returns, and qualifications of Senate members.
– **Finality of Proclamation Under Incomplete Canvass**: An incomplete canvass can validate a proclamation if the missing returns cannot substantially affect the result.
### Class Notes:
– **Jurisdiction**: Article VI, Section 17 of the 1987 Constitution confers exclusive jurisdiction to SET over senatorial election contests.
– **Grave Abuse of Discretion**: Defined under Sec. 6, Rule 66 of Rules of Court—requires capricious, arbitrary, and whimsical exercise of power.
– **Election Code**: COMELEC may proclaim winners even if some COCs are missing if those missing returns would not affect the overall result.
– **Procedures**: Presidential and senatorial election claims must be handled through SET or House of Representatives Electoral Tribunal (HRET) and not by the Supreme Court, highlighting correct filing of electoral protests.
### Historical Background:
The 2004 National and Local Elections in the Philippines were significant for introducing automated election systems. The case of Barbers v. Biazon illustrated challenges in the election process, especially in canvassing votes and resolving returned discrepancies amidst innovations aimed at improving the election integrity and efficiency. This case underscored the legal nuances in election disputes and established clear jurisdictional boundaries for electoral tribunals.
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