Sotto v COMELEC

Facts:

V. Sotto filed for a review for the decision of COMELEC declaring E. Javier as the true and legitimate Pres. of the Popular Front(Sumulong) Party. Sotto contends that he is the President.

Issue:

W/N the Supreme Court(S.C) can review Sotto’s petition under sec.9 of the Commonwealth Act 657 w/c states that any decision, order or ruling of COMELEC may be reviewed by the SC by writ of certiorari in accordance with the Rules of Court or w/ such rules as may be promulgated by the SC

Held:

No. The words “may be reviewed by writ of certiorari” does not refer to the special civil action of certiorari. Sotto filed a special civil action of review of decision w/c means that the SC can only review the acts of the inferior court, board or officer exercising judicial functions when it acted in excess of his/its jurisdiction (not the review of the actual decision of the lower court w/c should be filed as an appeal)

(STATCON PRINCIPLE: NECESSITY OF DECIDING CONSTITUTIONALITY)

A court should not pass upon a constitutional question and decide on it unless it is raised by the parties. If a constitutional question is raised, it should present some other ground upon w/c the court may rest its judgment. The constitutional question will be left for consideration until a case arises in w/c the decision for it is inevitable.