FILIPINAS ENGINEERING AND MACHINE SHOP  vs. HON. JAIME N. FERRER

G.R. No. L-31455 February 28, 1985

COMELEC awarded the contract to Acme for the manufacture and supply of voting booths. However, the losing bidder, petitioner in the instant case, Filipinas Engineering filed an Injunction suit against COMELEC and Acme. The lower court denied the writ prayed for.

Thereafter, ACME filed a motion to Dismiss on the grounds that the lower court has no jurisdiction over the case which the court granted. Filipinas' motion for reconsideration was denied for lack of merit. Hence, this appeal for certiorari.

ISSUES:

1. Whether or not the lower court has jurisdiction to take cognizance of a suit involving an order of the COMELEC dealing with an award of contract arising from its invitation to bid; and

2. Whether or not Filipinas, the losing bidder, has a cause of action under the premises against the COMELEC and Acme, the winning bidder, to enjoin them from complying with their contract.

RULING:

It has been consistently held that it is the Supreme Court has exclusive jurisdiction to review on certiorari; final decisions, orders or rulings of the COMELEC relative to the conduct of elections and enforcement of election laws.

The COMELEC resolution awarding the contract in favor of Acme was not issued pursuant to its quasi-judicial functions but merely as an incident of its inherent administrative functions over the conduct of elections, and hence, the said resolution may not be deemed as a "final order" reviewable by certiorari by the Supreme Court. Being non-judicial in character, no contempt may be imposed by the COMELEC from said order, and no direct and exclusive appeal by certiorari to this Tribunal lie from such order. Any question arising from said order may be well taken in an ordinary civil action before the trial courts.

What is contemplated by the term "final orders, rulings and decisions" of the COMELEC reviewable by certiorari by the Supreme Court as provided by law are those rendered in actions or proceedings before the COMELEC and taken cognizance of by the said body in the exercise of its adjudicatory or quasi-judicial powers.