G.R. No. 164439 - JEFFREY L. SANTOS, VS. COMMISSION ON ELECTIONS AND MACARIO E. ASISTIO III. D E C I S I O N - Supreme Court E-Library

Ruling

accordingly issues 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 proceedings extending beyond 30 June 2001; 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 RESOLVED, as it hereby 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 rulings of 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 cases; 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 2004, 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 Sections 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, 2004, until the issues therein are finally resolved by the Commission; ACCORDINGLY , it is hereby ordered that the proceedings in the cases appearing on the list annexed and made an integral part hereof, be continued to be heard and disposed of by the Commission. This resolution shall take effect immediately. [5] Annexed to Resolution No. 7257 is a list of cases [6] that shall remain active before the COMELEC until their final resolution. SPC No. 04-233 is not included in the list. On 9 July 2004, Santos filed with the COMELEC En Banc a motion for the reconsideration assailing the COMELEC First Division's Resolution. On 30 August 2004, Santos filed before this Court a petition for certiorari assailing the 29 June 2004 Resolution of the COMELEC First Division and Resolution No. 7257 of the COMELEC En Banc. In his Comment on the petition,