G.R. No. 163302 - ROBERTO ALBAÑA, KATHERINE BELO, GENEROSO DERRAMAS, VICENTE DURAN, RICARDO ARAQUE, LILIA ARANAS, MERLINDA DEGALA, GABRIEL ARANAS, ERNESTO BITO-ON AND JUVIC DESLATE, VS. COMMISSION ON ELECTIONS, PIO JUDE S. BELO, RODOLFO DEOCAMPO AND LORENCITO B. DIAZ.

Ruling

WHEREFORE, in view of the foregoing, the proclamation of respondents Roberto Albaña, Katherine Belo, Generoso Derramas, Vicente Duran, Ricardo Araque, Lilia Aranas, Merlinda Degala, Gabriel Aranas, Ernesto Bito-on and Juvic Deslate as Mayor, Vice-Mayor and members of the Sangguniang Bayan of Panitan, Capiz, are hereby annulled on the ground that they committed election offenses as provided for under Section 261 (a) of the Omnibus Election Code in relation to Section 28 of RA 6646 and Section 261 (e) of the same Code in relation to Section 68 thereof. The Election Officer of the municipality of Panitan is hereby directed to constitute a new Municipal Board of Canvassers which shall disregard the votes garnered by the respondents, prepare a new Certificate of Canvass on the basis of the votes of the candidates for the position held by the respondents to the exclusion of the latter and immediately, proclaim the winners. SO ORDERED.