G.R. No. 181869 - ISMUNLATIP H. SUHURI, VS. THE HONORABLE COMMISSION ON ELECTIONS (EN BANC), THE MUNICIPAL BOARD OF CANVASSERS OF PATIKUL, SULU AND KABIR E. HAYUDINI.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises all considered the Commission (En Banc) resolved as it hereby resolves to GRANT the Motion for Reconsideration. The Resolution of the Second Division is hereby REVERSED and SET ASIDE. Consequently, the proclamation of Kabir Hayudini is hereby declared VALID. ISSUES In his petition, Suhuri insists that: THE RESPONDENT HONORABLE COMMISSION ON ELECTIONS (EN BANC) COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT HELD TO REVERSE AND SET ASIDE THE 24 JULY 2007 RESOLUTION OF THE HONORABLE COMMISSSION'S SECOND DIVISION BASED ON THE REPORT OF RESPONDENT MUNICIPAL BOARD OF CANVASSERS BELATEDLY FILED AFTER RESPONDENT HAYUDINI'S MOTION FOR RECONSIDERATION, FOR THE SECOND TIME, HAS ALREADY BEEN SUBMITTED FOR DECISION; AND THE RESPONDENT HONORABLE COMMISSION ON ELECTIONS (EN BANC) COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION WHEN IT HELD THAT THE ISSUE PROFERRED BY PETITIONER DOES NOT INVOLVE A PRE-PROCLAMATION CONTROVERSY. RULING OF THE COURT We uphold the assailed resolution of the COMELEC en banc. I Suhuri's Grounds Were Not Proper for a Pre-Proclamation Controversy Were Suhuri's grounds for nullifying Hayudini's proclamation as the duly elected Mayor proper for a pre-proclamation controversy? A pre-proclamation controversy, according to Section 1, Article XX of the Omnibus Election Code , refers to: xxx any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of parties before the board or directly with the Commission, or any matter raised under Sections 233, 234, 235 and 236 in relation to the preparation, transmission, receipt, custody and appreciation of the election returns. Not every question bearing on or arising from the elections may constitute a ground for a pre-proclamation controversy. Section 243 of the Omnibus Election Code enumerates the scope of a pre-proclamation controversy, as follows: Sec. 243. Issue that may be raised in pre-proclamation controversy - The following shall be proper issues that may be raised in a pre-proclamation controversy: (a) Illegal composition or proceedings of the board of canvassers; (b) The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sections 233, 234, 235, and 236 of this Code; (c) The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic; and (d) When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates. Clearly, Section 243, supra , limits a pre-proclamation controversy to the questions enumerated therein. The enumeration is restrictive and exclusiv