G.R. No. 170216 -

Ruling

Wherefore, in view of the foregoing considerations, and in order not to delay the proclamation of candidates for Barangay and Sangguniang Kabataan, the Law Department respectfully RECOMMENDS as follows: To ORDER the Board of Election Tellers of Barangay Basak/Bangco of Precinct No. 68A, Madalum, Lanao del Sur, to immediately convene and count the ballots cast in said precinct after notice to all candidates have been effected setting forth the date, time and place, when and where the board shall convene; and Thereafter, for the Board of Canvassers to proclaim the winning candidates for Barangay and Sangguniang Kabataan of Barangay Basak/Bangco without delay in accordance with Resolution No. 4846 dated June 13, 2002 of the Commission. [8] The COMELECs directive was carried out, with due notice to the parties. Consequently, private respondents Greenstar Bocay Mangandingan, et al. were proclaimed the winning barangay officials of Barangay Basak/Bangco. On February 19, 2003, petitioner, a losing candidate for Punong Barangay in the August 13, 2002 Special Barangay Elections, filed a petition to annul the proclamation of private respondents as the winning candidates of Barangay Basak, Madalum, Lanao del Sur and to affirm the nullity of the August 13, 2002 Special Barangay Elections in Barangay Basak/Bangco, docketed as SPC No. 03-001. In a Resolution dated May 12, 2005, the COMELEC, Second Division, denied the petition for lack of merit, and affirmed the proclamation of private respondents as the duly elected officials of Barangay Basak/Bangco. Petitioners motion for reconsideration was denied by the COMELEC en banc in a Resolution dated August 26, 2005, thus: WHEREFORE, premises considered, the Commission ( en banc ) RESOLVED , as it hereby RESOLVES , to DENY the instant Motion for Reconsideration for UTTER LACK OF MERIT and AFFIRMS the Resolution dated May 12, 2005 resolving the instant case issued by the Commission (Second Division). [9] Hence, this petition. Petitioner raises the following issues: Whether or nor the respondent Commission gravely abused its discretion amounting to lack or excess of jurisdiction in ruling that there was a valid election in Precinct No. 68A for Barangay Basak/Bangco. Whether or not the respondent Commission gravely abused its discretion amounting to lack or excess of jurisdiction in issuing COMELEC Minute Resolution No. 03-0062. Whether or not the respondent Commission gravely abused its discretion amounting to lack or excess of jurisdiction when it authorized the merger of Barangay Basak and Barangay Bangco treating it as one barangay. [10] In the first two issues, petitioner argues that when the COMELEC en banc promulgated Resolution No. 5503 holding in abeyance the conduct of a special barangay election in Barangay Basak/Bangco on August 13, 2002, the authority of the Election Officer to hold an election in the said barangay was withdrawn. Consequently, any election held thereat was without the authority of the C