G.R. No. 178456 - RANDY C. CAMBE, VS. THE COMMISSION ON ELECTIONS; THE MUNICIPAL BOARD OF CANVASSERS OF LASAM, CAGAYAN; AND DOMINADOR M. GO.DECISION - Supreme Court E-Library

Ruling

accordingly issue an order for the proceeding to continue or when appropriate order has been issued by the Supreme Court in a petition for certiorari. " WHEREAS, the Commission has disposed of the pre-proclamation and other cases brought before it for adjudication, except those whose disposition requires proceeding extending beyond 30 June 2007; NOW, THEREFORE, by virtue of its powers under the Constitution, the Omnibus Election Code, Batas Pambansa Blg. 881, Republic Act. Nos. 6646 and 7166, and other election laws, the Commission RESOLVES: All cases which were filed by private parties without timely payment of the proper filing fee are hereby dismissed; All cases which were filed beyond the reglementary period or not in the form prescribed under appropriate provisions of the Omnibus Election Code, Republic Act Nos. 6646 and 7166 are hereby likewise dismissed; All other pre-proclamation cases which do not fall within the class of cases specified under paragraphs (1) and (2) immediately preceding shall be deemed terminated pursuant to Section 16, R.A. 7166 except those mentioned in paragraph (4). Hence, all the ruling of the boards of canvassers concerned are deemed affirmed. Such boards of canvassers are directed to reconvene forthwith, continue their respective canvass and proclaim the winning candidates accordingly, if the proceedings were suspended by virtue of pending pre-proclamation case; All remaining pre-proclamation cases, which on the basis of the evidence thus far presented, appear meritorious and/or are subject of orders by the Supreme Court or this Commission in petitions for certiorari brought respectively to them shall likewise remain active cases, thereby requiring the proceedings therein to continue beyond 30 June 2007, until they are finally resolved; and All petitions for disqualification, failure of elections or analogous cases, not being pre-proclamation controversies and, therefore, not governed by Section 17, 18, 19, 20, 21, and particularly, by the second paragraph of Sec. 6, Republic Act No. 7166, shall remain active cases, the proceedings to continue beyond June 30, 2007, until the issues therein are finally resolved by the Commission; ACCORDINGLY, it is hereby ordered that the proceedings in this cases appearing on the list annexed and made an integral part thereof, be continued to be heard and disposed of by the Commission. This resolution shall take effect immediately. Let the Clerk of the Commission implement this resolution by appropriate notices to the parties concerned and the Department of Interior and Local Government. The Education and Information Department shall cause the immediate publication of this resolution in two (2) newspapers of general circulation. SO ORDERED.