G.R. No. 124521 - MICHAEL O. MASTURA, VS. COMMISSION ON ELECTIONS (SECOND DIVISION), THE NEW MUNICIPAL BOARD OF CANVASSERS OF MATANOG, MAGUINDANAO, THE NEW PROVINCIAL BOARD OF CANVASSERS OF MAGUINDANAO AND DIDAGEN P. DILANGALEN. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the canvass conducted by the Municipal Board of Canvassers for the position of Member, House of Representatives (First District) is hereby ANNULLED and SET ASIDE. A new Municipal Board of Canvassers for the Municipality of Matanog, Maguindanao is hereby constituted x x x to conduct a new recanvassing at the Comelec Session Hall at Intramuros, Manila, prepare a new Certificate of Canvass using the Comelec copy of the election returns and, thereafter, to immediately submit the new Certificate of Canvass to the new Provincial Board of Canvassers as herein constituted x x x x [1] The following day, Mastura filed an Urgent Motionto Examine and Verify the Canvassed MBC Copies of the Election Returns and the COMELEC Copy of the Certificate of Canvass and Accompanying Statement of Votes. The COMELEC Second Division merely noted the motion in view of the 29 February 1996 Order. [2] Thereafter Mastura filed an Urgent Motion to Defer Implementation of the 29 February 1996 Order. Mastura argued that the 29 February 1996 Order was issued precipitately and prematurely considering that some other documents, particularly the Certificate of Canvass of Matanog which he considered necessary for the resolution of the issue, was yet to be produced and examined. The COMELEC Second Division denied the motion - x x x (I)t appearing that when the Commission opened the election returns for Matanog, Maguindanao, particularly the Judge copy and the Comelec copy and made comparison thereof to ascertain the actual votes of candidates Didagen P. Dilangalen and Michael O. Mastura per precinct which consists of fifty-seven (57) precincts, in compliance with the Supreme Court resolution, the results thereof, fully convinced the Commission of the manifest irregularity committed in the Statement of Votes by precincts. Thus, it annuls the canvass made by the Municipal Board of Canvassers of Matanog, Maguindanao. Clearly, on the basis of the results of the primary documents, there is no need for the examination and opening of other documents mentioned in the motion of private respondent. Besides, the opening of other documents will entail more delay in the proclamation of the rightful winner for the position of Member, House of Representatives, First District of Maguindanao. [3] Meanwhile, the new Municipal Board of Canvassers convened and recanvassed the votes. During the proceedings Mastura objected to the inclusion of fifty (50) out of the fifty-seven (57) election returns on the ground that the COMELEC copy of the election returns was not reflective of the true results unless compared with the copy of the original Municipal Board of Canvassers. But the new Municipal Board of Canvassers believed otherwise; hence, it included in the canvass the fifty (50) election returns objected to by Mastura who thereafter walked out while the new Municipal Board of Canvassers continued with the canvassing. After the proceedings in the Municipal Board of Canvassers, the Provincial Boa