G.R. No. 152163 - SABDULLAH T. MACABAGO, VS. COMMISSION ON ELECTIONS AND JAMAEL M. SALACOP.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, foregoing premises considered, it is most respectfully prayed of this Honorable Commission that the election results in Precincts 19, 20, 28 and 29 be ordered set aside and considered excluded and the proclamation of the winning candidates in the said municipality be ANNULLED to reflect the genuine desire of the majority of the people. All other reliefs, deemed just and equitable under the circumstances are likewise prayed for. [1] In support of his petition, private respondent appended thereto photocopies of random Voters Registration Records (VRRs) evidencing the fraud and deceit that allegedly permeated the electoral process, as well as affidavits tending to prove that serious irregularities were committed in the conduct of the elections in the subject precincts. [2] In his answer, petitioner denied the truth of the material allegations in the petition and averred that it raised a pre-proclamation controversy. He further alleged that the grounds relied upon by private respondent would be proper in an election protest but not in a pre-proclamation controversy. [3] The COMELEC En Banc took cognizance of the petition and on February 11, 2002, issued an order directing the Election Officer of Saguiran, Lanao del Sur, to bring to and produce before the COMELEC Office in Manila the original VRRs of the questioned precincts for technical examination: WHEREFORE , premises considered, the Commission hereby RESOLVES to direct Mr. Ibrahim M. Macadato, the Election Officer of Saguiran, Lanao del Sur to produce the subject original VRRs of the questioned precincts here in Manila for the appertaining technical examination. SO ORDERED . [4] In the same order, the COMELEC declared that contrary to petitioners claims, the petition did not allege a pre-proclamation controversy. The Commission characterized the petition as one for the annulment of the election or declaration of failure of election in the municipality, a special action covered by Rule 26 of the COMELEC Rules of Procedure. Accordingly, the COMELEC set aside the docketing of the petition as a Special Case (SPC) and ordered the redocketing thereof as a Special Action (SPA). After its examination of the evidence submitted by petitioner, the COMELEC concluded that there was convincing proof of massive fraud in the conduct of the elections in the four (4) precincts that necessitated a technical examination of the original copies of the VRRs and their comparison with the voters signatures and fingerprints. The COMELEC further noted that since the lead of Macabago was only 124 votes vis-à-vis the 474 voters of the contested precincts, the outcome of the petition would adversely affect the result of the elections in the Municipality. In issuing said Order, the COMELEC relied on its broad powers under the 1987 Constitution and the pronouncement of this Court in Pantaleon Pacis vs. Commission on Elections , [5] and Tupay Loong vs. Commission on Elections, et al. [6] Forthwith, petitioner f