G.R. No. 168792 - ANTONIO B. GUNSI, SR., VS. THE HONORABLE COMMISSIONERS, COMMISSION ON ELECTIONS AND DATU ISRAEL SINSUAT.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , considering that [Gunsi] lost in the election for the position of Mayor of South Upi, Maguindanao and the fact that [Sinsuat] was duly proclaimed as Mayor of South Upi, Maguindanao on May 16, 2004, there being only one respondent, the instant petition is hereby DISMISSED for being moot and academic. The Law Department, however, is directed to investigate the alleged irregularities herein mentioned for possible violation of election laws and to file the necessary information as the evidence warrants. SO ORDERED . [5] Subsequently, the same division of the COMELEC issued the herein assailed Order [6] clarifying the August 2, 2004 Resolution, thus: In the light, however, of the pending pre-proclamation case docketed as SPC 04-247, filed by herein respondent, and the resolution issued by the [COMELEC] (First Division) annulling the proclamation of [Sinsuat], the possibility that a re-canvassing of the election returns of the Municipality of South Upi, Maguindanao is becoming more certain. Therefore, the ruling of the [COMELEC] (Second Division) dismissing the present petition for disqualification against herein respondent for being moot and academic becomes ineffective for the fact that, as argued by [Sinsuat] in his manifestation and clarification, his proclamation has been annulled by the [COMELEC] (First Division). It is therefore, incumbent upon the [COMELEC] (Second Division) to issue a categorical ruling based on its finding as already articulated in the August 2, 2004 resolution. x x x x In accordance with the above finding of the [COMELEC] (Second Division) it is [o]ur resolve that [petitioner] Antonio B. Gunsi, Sr. is disqualified to run as Mayor of South Upi, Maguindanao for being a non-registered resident of the same municipality. WHEREFORE, premises considered, the [COMELEC] (Second Division), hereby, clarifies its August 2, 2004 resolution by declaring that, in accordance with the findings of the [COMELEC] (Second Division) in the promulgated resolution, [petitioner] Antonio B. Gunsi, Sr. is hereby DISQUALIFIED to run as Mayor of South Upi, Maguindanao for being a non-registered resident of the same. SO ORDERED . [7] Upon motion for reconsideration of Gunsi, the COMELEC En Banc issued the herein assailed Resolution: [8] A perusal of the motion for reconsideration would show that the respondent failed to raise any new material issue. All matters raised in the Motion had already been traversed and resolved in the Recommendation of Provincial Election Supervisor Lintang Bedol dated March 12, 2004 and the Resolution of this Commission (Second Division) promulgated last August 2, 2004 as clarified by its Order dated October 11, 2004. WHEREFORE, premises considered, the MOTION FOR RECONSIDERATION is hereby DENIED . The ORDER dated October 11, 2004 is AFFIRMED . SO ORDERED . [9] Hence, this petition imputing grave abuse of discretion to the COMELEC. Gunsi posits the following issues for our resolution: WHETHER OR NOT THE HONORABLE C