G.R. No. 149800 - RICARDO V. QUINTOS, VS. COMMISSION ON ELECTIONS AND JOSE T. VILLAROSA.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly , the retrieval of the ballot box from Precinct No. 13A/14A of Barangay Lumangbayan, and those from the precincts mentioned in the aforequoted manifestation, all from the Municipality of Paluan, Occidental Mindoro, is hereby ordered deferred subject to the following guidelines: That the said ballot boxes should be delivered to the Commission (Second Division) one (1) week prior to the termination of the revision of the other protested ballot boxes, the schedule of which shall be set after the delivery of the said ballot boxes; and The Regional Trial Court of Mamburao, Occidental Mindoro, Branch 44, is requested to conduct the revision and appreciation proceedings in Election Cases Nos. 19 and 20 ( Ocampo vs. Pangilinan and Terana vs. Velandria , respectively) in the most expeditious manner possible in order that the subject ballot boxes and other election documents can be turned over to the Commission in due time. No revision of ballots shall be conducted without prior notice being given to both parties in the above-entitled case. SO ORDERED . [9] On September 4, 2001, petitioner filed a Motion for Reconsideration [10] of the Order of the COMELEC dated August 27, 2001. On September 12, 2001, the COMELEC issued the second Assailed Order, [11] the dispositive portion of which reads: Wherefore , in view of the foregoing, the Commission (Second Division) hereby DENIES the instant Motion for Reconsideration . It is however, emphasized that one (1) week prior to the completion of the revision of the protested ballots, the Regional Trial Court, Branch 44, of Mamburao, Occidental Mindoro shall be notified to transmit the ballot box of Precinct 13A/14A to this Commission whether or not the said court has completed its revision of the ballots therein. SO ORDERED . Hence, petitioner filed this petition for certiorari seeking the annulment of the Assailed Orders dated August 27, 2001 and September 12, 2001 based on the following grounds: 1. The Manifestation and Motion for Partial Reconsideration is not verified pursuant to Sec. 3, Rule 19, Comelec Rules of Procedure and is considered an unsigned pleading which should be denied ( Soller vs. Comelec, et al. , G.R. No. 139853, September 5, 2000; Lalic vs. Casupanan , EAC No. 73-98, January 12, 2001, G.R. No. 146868, February 27, 2001). 2. The Order of August 27, 2001 was issued without giving the petitioner and other parties concerned the opportunity to comment/oppose the motion for partial reconsideration filed by the respondent in violation of due process. 3. The Order of August 27, 2001 is impractical and would clog one ballot with 26 different exhibit marks as there are four (4) parties in Election Protest Case No. 19, RTC, Branch 44, Mamburao, Occidental Mindoro involving the Office of Mayor of Paluan, Occidental Mindoro as well as twenty-two (22) parties in Election Protest Case No. 20, RTC, Branch 44, Mamburao, Occidental Mindoro, involving the Office of Municipal Councilors of Paluan,