G.R. NO. 161984 -

Ruling

WHEREFORE , premises considered, the Commission en banc RESOLVED as it hereby RESOLVES to ANNUL and SET ASIDE the 15 July 2002 proclamation of the above named Respondents (now petitioners) Punong Barangay respectively in the subject Barangays of the municipality of Pagayawan, Lanao del Sur. ACCORDINGLY , the Commission en banc hereby ORDERS : a) The herein Respondents (now petitioners) namely: Hadji Faisal D. Adap, Mohammadali G. Pangcoga, Allan Ampuan, Cader Carim, Hadji Yusoph Bohary Ampuan, Dathman M. Abbas, Lomala Sarip Cader, Bondiong Comiling, Hadji Omair Sarip Marohom, Ampuan Casim, Pendatun B. Orangot, Aminollah D. Ampuan and Pangcoga Saripoden TO VACATE the Office of the Punong Barangay of Ngingir Bubong, Ilian, Padas, Pinalangca, Diampaca, Linindingan, Mapantao, Biala-an, Ayong, Reboken-Kamalig (Rubokan), Lumbak (Lumbac), Badaraingud and Madang, Pagayawan, Lanao del Sur, TO CEASE and DESIST from performing the functions of said office. b) The Petitioners-Punong Barangay (now respondents) who have been duly elected and proclaimed in the barangay elections previous to the 15 July 2002 barangay elections in the subject barangay of the municipality of Pagayawan, Lanao del Sur, to continue as such Punong Barangay in a hold-over capacity until the holding of a Special Barangay Elections in the Municipality of Pagayawan, Lanao del Sur. c) The Office of the Deputy Executive Director for Operation to implement this resolution re the guidelines in the holding of the Special Barangay and SK Elections in the municipality of Pagayawan, Lanao del Sur. d) The Law Department to conduct the appertaining investigation to determine the administrative and criminal liability of the above named Respondents (now petitioners) and of Election Officer Taha C. Ali. (Italization ours). e) The Clerk of the Commission to furnish a copy thereof to the Office of the President of the Philippines, the Secretary of the Department of Interior and Local Government, the Office of the Governor, Lanao del Sur, and to the Office of the Secretary of the local Sangguniang Bayan and Sangguniang Barangay, Pagayawan, Lanao del Sur. No pronouncement as to costs. [4] Aggrieved by the foregoing Resolution, petitioners come to this Court, claiming that it was grave abuse of discretion amounting to lack of jurisdiction on the part of the COMELEC En Banc in (1) declaring failure of elections in barangays not subject of the petition filed before it; (2) not examining and viewing the election paraphernalia inside the ballot boxes of the questioned precincts of subject barangays ; and (3) ordering herein individual respondents, who have been duly proclaimed in the barangay elections previous to the 2002 Elections, to continue as Punong Barangays in a hold-over capacity until the holding of special elections. [5] The Court reiterates and emphasizes the oft-repeated rule stated in Pangandaman v. Comelec , [6] to wit: x x x the propriety of declaring whether or not there has been a total failu