G.R. No. 128877 - ROLANDO ABAD, JR., VS. COMMISSION ON

Ruling

WHEREFORE, considering that the June 3, 1996 Order of the Court a quo had already attained finality at the time of the filing of this Petition, thus, must remain undisturbed, and there being no showing that the drawing of lots mandated by the Court's Order dated October 3, 1996, was attended by fraud or irregularities, the Commission En Banc RESOLVED to DISMISS the Petition for lack of merit." [1] The factual antecedents are as follows: Petitioner Abad and private respondent Sarenas were both candidates for Sangguniang Kabataan (SK) chairman of Barangay Sta. Barbara, Llanera, Nueva Ecija, during the May 6, 1996, SK elections. Petitioner emerged as winner with 66 votes as against private respondent's 62 votes. Petitioner was thus proclaimed SK chairman of Sta. Barbara. [2] Private respondent soon thereafter filed an election protest alleging fraud on the part of petitioner through the registration of four unqualified voters. Three voters were allegedly underaged while one lacked the required residency in the barangay. Private respondent asked for a recount of the votes cast. [3] The election protest was filed before the Second Municipal Circuit Trial Court (MCTC) of Gen. Natividad, Nueva Ecija, presided over by respondent Judge. In his answer, petitioner claimed that private respondent was barred from questioning the qualifications of the four voters because he failed to ask for their exclusion from the voters' list as provided for under Section 22 of COMELEC Resolution No. 2824, the Rules and Regulations Governing the May 6, 1996 Elections of the SK; and Section 2 of COMELEC Resolution No. 2832, the Instructions for the Registration of Voters in connection with the SK elections. Petitioner contended that the permanent registry list of voters is conclusive on the question of who has the right to vote in an election under the Omnibus Election Code. Petitioner also claimed that a recount is not justified under the provisions of the same Code. In addition, petitioner charged private respondent with vote-buying. He further alleged error on the part of the Board of Election Tellers in the appreciation of votes. In an Order dated June 3, 1996, respondent MCTC Judge Fernandez ruled in favor of private respondent. According to Judge Fernandez, while the registry list of voters is indeed conclusive as to who can vote, this must be disregarded if justice were to prevail. Moreover, said Judge Fernandez, a recount of the votes would not be determinative of who actually won the SK chairmanship. Instead, he ordered that four votes, representing the votes of those persons whose qualification as voters were questioned, be deducted from petitioner. [4] As this resulted in a 62-62 tie between petitioner and private respondent, Judge Fernandez ordered that the winner be determined via drawing of lots or toss of a coin. [5] Petitioner appealed to the Regional Trial Court of Cabanatuan City, Branch 26 which, however, dismissed his appeal, since under COMELEC Resolutio