A.M. No. MTJ-03-1485 (formerly A.M. No. 00-920-MTJ) - FIDEL ISIP, JR., COMPLAINANT, VS. JUDGE VALENTINO B. NOGOY.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly , the proclamation of Pedro Yabut secured through coercion and intimidation of Election Officer and Chairman of the Municipal Board of Canvassers of Macabebe, Pampanga, Mr. Joselito T. Matias[,] and superimposition of his name over that of the declared winner in the COCPWC is hereby ANNULLED and SET ASIDE . (Emphasis and italics in the original) Complainant thus assumed office as Vice-Mayor commencing on June 30, 1998. On Yabuts Motion for Reconsideration of the above-said COMELEC Second Division Order of May 25, 1998, the COMELEC en banc , by Resolution of December 16, 1999, vacated said order, disposing as follows: WHEREFORE , premises considered, the Omnibus Motion for Reconsideration of [Yabut] is hereby GRANTED. The assailed Order of the Second Division dated 25 May 1998 is VACATED. A new Municipal Board of Canvassers for the Municipality of Macabebe is hereby constituted . . . Thereafter, they shall add up the votes and announce the true winner for the position of Vice Mayor in Macabebe, Pampanga x x x. (Italics supplied) On December 23, 1999, complainant filed a Very Urgent Motion to Defer Execution of the COMELEC en banc December 16, 1999 Resolution in view of, so he claimed, newly discovered manifest errors in the election returns of precinct Nos. 8-A and 24A/25A. The motion was granted by the COMELEC en banc , hence, the reconvening of the new Municipal Board of Canvassers was suspended. In the meantime, Yabut filed on January 10, 2000, a criminal complaint before the MCTC , of which respondent is the Presiding Judge, against complainant for Usurpation of Authority in support of which he executed an affidavit dated January 10, 2000 wherein he, among other things, invited attention to the COMELEC en banc Resolution of December 16, 1999 which vacated the proclamation of complainant. By Order of January 10, 2000 , respondent found probable cause for Usurpation of Authority against complainant and issued on even date a warrant for his arrest . On February 8, 2000, complainant filed a Motion to Dismiss the criminal complaint against him on the ground that it does not charge an offense . In the meantime, the COMELEC en banc issued a Resolution of April 25, 2000 lifting the suspension of the convening of the new Municipal Board of Canvassers. Thus it disposed: WHEREFORE , in view of the foregoing, the Commission en banc resolves to lift the suspension for the new Municipal Board of Canvassers of Macabebe, Pampanga as duly constituted in its 16 December 1999 resolution to convene. Atty. Zoilo Pers . . . are thus directed to convene , with due regard to the proper procedure and notice as to the date and venue thereof to the affected candidates, to effect the necessary corrections not only in the election returns in Precincts 159A/160A but also in Precincts 8A and 24A/25A and the corresponding Statement of Votes . Thereafter, they shall add up the votes and announce the true winner for the position of Vice-Mayor of Macabebe, Pampanga