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JurisprudenceG.R. Nos. 134163-64 -

G.R. Nos. 134163-64 - MUSLIMIN SEMA, VS. COMMISSION ON ELECTIONS AND RODEL MAÑARA.[G.R. No. 141249-50]RODEL MAÑARA, VS. COMMISSION ON ELECTIONS AND MUSLIMIN SEMA.[G.R. No. 141534-35]RODEL MAÑARA, VS. COMMISSION ON ELECTIONS AND MUSLIMIN SEMA.D E C I S I O N - Supreme Court E-Library

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Cited Laws

RA 509RA 349RA 7166
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TL;DR — Ruling

WHEREFORE, the petition for certiorari, docketed as G.R. Nos. 141534-35 is hereby GRANTED .

Decision

Ruling

Accordingly, the proclamation of Sema is null and void as it was based on an incomplete canvass. An incomplete canvass is illegal and cannot be the basis of a valid proclamation. [20] A proclamation made where the contested returns set aside will affect the result of the election and the board of canvassers proceeded to proclaim without the authority from the COMELEC is null and void. [21] WHEREFORE, the petition for certiorari, docketed as G.R. Nos. 141534-35 is hereby GRANTED . The Resolutions of the Commission on Elections dated October 18, 1999 and January 2, 2000 are hereby REVERSED and SET ASIDE . The COMELEC is ORDERED to direct the City Board of Canvassers of Cotabato City to reconvene within ten (10) days from receipt of this decision for the purpose of completing the canvass of votes and proclaiming the winner. The petition for certiorari in G.R. Nos. 134163-64 is deemed CLOSED and TERMINATED . The status quo order dated July 14, 1998 is hereby ordered LIFTED . SO ORDERED.