G.R. Nos. 154442-47 - SALIPONGAN L. DAGLOC, VS. COMMISSION ON ELECTIONS, BAI SUSAN A. SAMAD AND KENNEDY P. DILANGALEN. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , in view of the foregoing, the COMMISSION RESOLVE , as it hereby RESOLVES , to INVALIDATE (1) the Certificate of Canvass and Proclamation of Winning Candidates for Local Positions (CEF No. 25) with Serial No. 8692104 certifying to the proclamation of Samad, et al. and (2) the Certificate of Canvass and Proclamation of Winning Candidates for Local Positions (CEF NO. 25) with Serial No. 8692109 certifying to the proclamation of Dagloc, et al. ACCORDINGLY , We: (1) ORDER the CONSTITUTION of a SPECIAL BOARD OF CANVASSERS composed of COMELEC lawyers to be appointed by the Commission; (2) DIRECT THE Municipal Board of Canvassers of Kabuntalan to DELIVER to Election Records and Statistics Department (ERSD), COMELEC, Manila, all the election returns from Precinct Nos. 17A, 45B/46A, 58A/59A, 70A, 71A, 72A, 78A/79A, 80A/81A, 82A, 83A, 84A, 45A/46B, 31A, 31B, 32A/32B and 33A/33B, as well as the election records and documents pertaining to these cases; and (3) ORDER the Special Board of Canvassers to: (i) immediately RECONVENE upon receipt of said election returns and after serving proper notice to all the parties concerned; (ii) COMPLETE the CANVASS by including the results in Precinct Nos. 17A, 45B/46A, 58A/59A, 70A, 71A, 72A, 78A/79A, 80A/81A, 82A, 83A, 84A, 45A/46B, 31A, 31B, 32A/32B and 33A/33B; and (iii) Thereafter, PROCLAIM the winning candidates for the position of MAYOR , VICE-MAYOR and MEMBERS OF THE SANGGUNIANG BAYAN of the Municipality of Kabuntalan, Maguindanao. The Provincial Election Supervisor of Maguindanao and the Election Officer of Kabuntalan are hereby DIRECTED to COORDINATE with the local police or members of the Armed forces of the Philippines to ensure that the integrity of the ballot boxes containing the contested election returns and other election records is not violated. The Urgent Motion for Handwriting Examination filed by petitioner DAGLOC is hereby DENIED . The Law Department is hereby directed to immediately INVESTIGATE EO DIONISIO LINABAN's questionable act of leaving the canvassing venue without notice and authority from this Commission during the canvassing on June 7-8, 2001 and to PROSECUTE him upon finding of probable cause. Let a copy of this resolution be furnished to the Department of Interior and Local Government (DILG) for implementation and for appropriate action. SO ORDERED . [20] Presiding Commissioner Ralph C. Lantion dissented [21] from the resolution of the Second Division and voted to exclude from the canvass the election returns from Precinct Nos. 31A, 31B, 32A/32B, 33A/33B, 70A, 71A, 72A, 83A and 84A. On June 3, 2002, Samad seasonably filed a motion for reconsideration of the resolution of the COMELEC, Second Division, relying mainly on the dissenting opinion of Commissioner Lantion. It appears that Dilangalen filed, out of time, [22] his motion for reconsideration on July 2, 2002. On July 18, 2002, the COMELEC en banc resolved Samad's motion for reconsideration. The COMELEC en banc agreed with t