The Supreme Court has dismissed the Petition for Certiorari filed by Moana Dubay Camilotes Jickain, who challenged the Commission on Elections (COMELEC) rulings that found her to have committed premature campaigning in violation of Section 80, in relation to Section 68, of Batas Pambansa Bilang 881, or the Omnibus Election Code (OEC).
The Court ruled that Jickain is estopped from assailing the jurisdiction of COMELEC because she actively participated in the proceedings and only questioned the commission's jurisdiction after receiving an unfavorable ruling.
The Case
On September 1, 2023, Jickain, a resident of Barangay Villarica, Babak District, Island Garden City of Samal (IGaCOS), Davao Del Norte, filed a Certificate of Candidacy (COC) for the position of member, Sangguniang Barangay of Barangay Moncada, IGaCOS, Davao Del Norte, in the October 30, 2023 Barangay Sangguniang Kabataan Elections (2023 BSKE).
On October 17, 2023, the Office of the Regional Election Director (ORED) of Region XI received a complaint accompanied by Facebook photos posted by Jickain. These included a profile picture frame featuring her face, name, and the statement "IPADAYON UG MAS PALAMBUON", as well as shared posts made prior to the official campaign period.
The ORED directed Jickain to submit an answer or counter-affidavit within three days and to explain why she should not be disqualified. Jickain filed her answer, asserting that changing her profile picture and posting public information on her social media account did not constitute campaigning, and argued these actions were merely an exercise of her freedom of expression.
On October 27, 2023, the COMELEC Task Force Against Premature Campaigning received a recommendatory resolution from the ORED finding that Jickain's acts constituted premature campaigning in violation of Section 80 of the OEC. On October 30, 2023, Jickain, among others, was proclaimed as member of the Sangguniang Barangay of Barangay Moncada. On October 31, 2023, the Task Force filed a Petition (with Motion for Suspension of Proclamation Ad Cautelam) motu proprio against Jickain.
The COMELEC First Division granted the Task Force's petition, and the COMELEC En Banc affirmed that ruling.
The Issue
Before the Supreme Court, Jickain raised for the first time the issue of COMELEC's alleged lack of jurisdiction. She asserted that the COMELEC En Banc committed grave abuse of discretion amounting to lack or excess of jurisdiction when it affirmed the COMELEC Division's resolution granting the motu proprio petition to disqualify her despite her prior proclamation.
The Ruling
The Court dismissed the petition. It found that Jickain actively participated in the case before the COMELEC Division and the COMELEC En Banc without questioning the commission's jurisdiction. In her Answer before the COMELEC Division, she merely asserted substantive defenses: that she was exercising her right to freedom of expression, and that a candidate may only be held liable for acts committed during the official campaign period. In her Motion for Reconsideration before the COMELEC En Banc, she confined her arguments to the sufficiency of evidence and the alleged failure of COMELEC to consider applicable jurisprudence.
Following the doctrine in Tijam, the Court held that Jickain is now estopped from assailing the jurisdiction of COMELEC.
The dispositive portion reads: "ACCORDINGLY, the Petition for Certiorari is DISMISSED." With the dismissal of the main petition, Jickain's prayer for the issuance of a Temporary Restraining Order and/or Status Quo Ante Order and/or Writ of Preliminary Injunction was accordingly denied.
By the Numbers
- September 1, 2023 — Jickain filed her Certificate of Candidacy
- October 17, 2023 — ORED Region XI received the complaint
- October 27, 2023 — Task Force received the ORED recommendatory resolution
- October 30, 2023 — Jickain was proclaimed a member of the Sangguniang Barangay; date of the 2023 BSKE
- October 31, 2023 — Task Force filed its petition against Jickain
- Campaign period: October 19, 2023 to October 28, 2023
- G.R. No. E-01622 (UDK)
- Promulgated: November 11, 2025
The Court's Reasoning
The Court explained that a review of the proceedings revealed that Jickain knew, or ought to have known, of the jurisdictional issue but deliberately chose not to raise it until after receiving an unfavorable ruling.
The Court stated that if it were to dismiss disqualification petitions solely because they were not resolved before the elections, it would effectively reward candidates who commit election offenses and then strategically delay proceedings to evade accountability. Such a precedent would encourage aspirants to engage in premature campaigning or other prohibited acts, knowing they could later challenge COMELEC's jurisdiction only after an adverse ruling, and potentially after securing electoral victory. The Court said this would undermine the very purpose of election laws, which is to ensure fair and honest elections, and would render the enforcement powers of COMELEC inutile.
The Court declared that the doctrine of estoppel must apply to prevent this abuse, where parties actively participated in the proceedings and only questioned jurisdiction on appeal. They cannot be allowed to benefit from their own delay. Otherwise, the Court said, the electoral process becomes vulnerable to fraud, and public trust in democratic institutions is eroded.
Source: Supreme Court decision in G.R. No. E-01622 (UDK), Moana Dubay Camilotes Jickain v. Commission on Elections, promulgated November 11, 2025, penned by Associate Justice Jhosep Y. Lopez.
This report summarizes a public Supreme Court decision and is not legal advice.