G.R. NO. 174551 - MAYOR SALIP ALOY JAINAL, VS. COMMISSION ON ELECTIONS, JULHATAB J. TALIB, AND HUSSIN AHAJAN. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the instant petition is granted in part. The election returns from the following precincts are hereby annulled: Precinct 33A (Barangay Kagay) Precinct 34A (Barangay Kagay) Precinct 17A (Barangay Buansa) Precinct 18A (Barangay Buansa) Precinct 19A (Barangay Buansa) Precinct 20A (Barangay Buansa) Precinct 21A (Barangay Buansa) Precinct 22A (Barangay Buansa) Precinct 9A/9B (Barangay Adjid) The proclamation of respondent Salip Aloy Jainal is likewise annulled. The vacancy in the position of Indanan Mayor will be filled up pursuant to the applicable provisions of the Local Government Code. The Election Officer of Indanan is ordered to convene the Board of Election Inspectors in the abovementioned precincts, after notifying the parties concerned and after ensuring that the integrity of the ballot boxes and the ballots are not compromised, in order to recount the ballots cast in the abovementioned precincts. After the recount, the new results will be canvassed and the mayoralty winner proclaimed. If a recount is deemed not possible, he is to make a report to the Commission so that a special election may be immediately scheduled in the affected precincts. Let a copy of this resolution be forwarded to the presiding judge of the Regional Trial Court of Jolo, Sulu hearing Election Protest Case No. 5-4-04. [6] SO ORDERED . [7] On 1 April 2005, petitioner filed a Motion for Reconsideration [8] of the COMELEC 2nd Division's 22 March 2005 Resolution. On 18 September 2006, the COMELEC en banc denied reconsideration but modified the resolution of its 2nd Division by declaring the election return pertaining to Precinct 9A [9] of Barangay Adjid as valid. [10] Hence, petitioner filed the instant petition, including Hussi Ahajan (Ahajan) as private respondent in his capacity as Vice-Mayor who, under the provisions of the Local Government Code, will fill up the vacancy created by the annulment of petitioner's proclamation. On 8 November 2006 and 2 February 2007, Talib [11] and Ahajan [12] filed their Comments on the Petition, respectively. On 5 December 2006, acting upon the Manifestation and Motion filed by the Office of the Solicitor General, this Court excused it from filing a comment on behalf of the COMELEC in accordance with Sec. 5, Rule 65 of the Rules of Court. [13] The issues for resolution of this Court may be summarized as follows: (1) whether Talib should have followed the procedure outlined in Sec. 20 of Republic Act (R.A.) No. 7166 for contesting election returns; (2) whether the order of the Regional Trial Court of Jolo, Sulu in Election Protest Case No. 5-4-04 upholding petitioner's proclamation as Mayor of Indanan, Sulu precludes the COMELEC from issuing the assailed resolutions; (3) whether the COMELEC observed the procedure outlined in Sec. 235 of Batas Pambansa Blg. 881 (Omnibus Election Code) for annulling election returns; and (4) whether it was proper for the COMELEC to "pierce-the-veil" of election returns. In hi