G.R. NO. 165677 - EDILWASIF T. BADDIRI, VS. COMMISSION ON ELECTIONS, ALKADAR T. LOONG, NIJAR I. HASSAN AND THE PROVINCIAL BOARD OF CANVASSERS OF SULU.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Commission [First Division] RESOLVED as it hereby RESOLVES to DISMISS the Appeal for lack of merit. Accordingly, the Ruling of the Provincial Board of Canvassers of the Province of Sulu, granting the petition for the correction of manifest errors filed by Appellee Loong is hereby AFFIRMED in toto. The Provincial Board of Canvassers of Sulu is hereby directed: To immediately RECONVENE with proper notice to the parties and; to prepare a Certificate of Canvass and Proclamation for candidate Nijar I. Hassan, as the 4 th winning Member, Sangguniang Panlalawigan, Province of Sulu, by including in the computation of votes the corrected Municipal Certificate of Canvass for the Municipality of Patikul, Sulu. SO ORDERED . [4] Petitioner filed a motion for reconsideration, which was denied for lack of merit by the COMELEC en banc in its Resolution dated October 1, 2004. The dispositive portion of the Resolution states: IN VIEW OF THE FOREGOING, the instant Motion for Reconsideration is hereby DENIED for LACK OF MERIT. ACCORDINGLY , the 8 July 2004 Resolution of the First Division is hereby AFFIRMED in toto. The Provincial Board of Canvassers of Sulu is hereby DIRECTED to (i) RECONVENE after giving due notice to the concerned parties, (ii) CORRECT the error in the Certificate of Canvass of Patikul, Sulu as well as the Statement of Votes by City/Municipality with Serial No. 00003 with respect to the votes of Provincial Board candidate [Edilwasif] T. Baddiri, and thereafter proclaim the 4th winning candidate for the Sangguniang Panlalawigan of Sulu, First District. Let the Provincial Board of Canvassers of Sulu implement this Resolution with dispatch. FINALLY , this case is hereby referred to the Law Department for investigation of the alleged inadvertence of the Municipal Board of Canvassers of Patikul that resulted in the manifest error subject of this petition in order to determine if there is a possible violation of the Omnibus Election Code and other pertinent laws, rules and regulations. SO ORDERED.