G.R. No. 123230 - NORODIN M. MATALAM, VS. COMMISSION ON ELECTIONS AND ZACARIA A. CANDAO.

Ruling

WHEREFORE, premises considered, that the Commission on Elections (Second Division) resolves to DISMISS the appeals and AFFIRM the rulings of the Provincial Board of Canvassers. The proclamation of respondent Candao as Governor of the Province of Maguindanao earlier set aside and declared null and void is hereby reconsidered and ordered revived. [2] Also assailed herein is the Comelec en banc Resolution [3] dated January 16, 1996 denying the motion for reconsideration, to wit: In keeping with the ruling of the Supreme Court in Alfonso vs. Commission on Elections, 232 SCRA 777, that, It is a matter of public policy that pre-proclamation controversies shall be resolved in summary proceedings, and it appearing that the instant motion for reconsideration is without merit and does not offer much in terms of new issues or substantial matters to warrant the reversal or setting aside of the questioned Resolution of the Second Division, the Commission En Banc RESOLVES to DENY the Motion for Reconsideration. Accordingly, the resolution of the Second Division is hereby AFFIRMED. The Motion filed subsequently on September 6, 1995 by herein petitioners-movants for technical examination of CE Forms 1 and 2 of the Municipality of Maganoy, Maguindanao is likewise hereby DENIED for having become moot and academic. [4] In its assailed Resolutions, Public Respondent Comelec disposed of the following four cases: [5] 1. SPC Case No. 95-029, initiated by the local candidates from the Municipality of Maganoy, Maguindanao, seeking to nullify the election results in and the consequent proclamation of the candidates in said municipality. Petitioner Norodin Matalam filed a petition for intervention, contending that the election returns in the said municipality were falsified, fabricated and manufactured. 2. SPC Case No. 95-185, filed by Petitioner Matalam to enjoin the Provincial Board of Canvassers of Maguindanao from tabulating the certificate of canvass from Maganoy, Maguindanao; 3. SPC No. 95-279, filed also by Petitioner Matalam to set aside the proceedings of the Municipal Board of Canvassers of Datu Piang, Maguindanao; 4. SPC No. 95-291, filed by Petitioner Matalam to exclude the certificates of canvass from the Municipality of Datu Piang. The Facts Petitioner Norodin M. Matalam and Private Respondent Zacaria A. Candao were both candidates for Governor of the Province of Maguindanao in the May 8, 1995 elections. During the canvass of the election returns in the municipalities of Datu Piang and Maganoy, both in the Province of Maguindanao, Petitioner Matalam challenged before the respective Municipal Boards of Canvassers (MBC) the authenticity of the election returns in said towns. Because the MBC merely noted his objections, petitioner reiterated the same before the Provincial Board of Canvassers (PBC). In those two municipalities, petitioner was credited with only 3,641 votes, while private respondent received 44,654 votes. It is the contention of petitione