ABDUSAKUR M. TAN, ABDULWAHID SAHIDULLA, BRAHAM BURAHAN, VS. COMMISSION ON ELECTIONS, YUSOP H. JIKIRI, ABDEL S. ANNI, DEN RASHER I. SALIM, TALIB L. HAYUDINI, RIZAL TINGKAHAN, BARLIE NAHUDAN, ABRAHAM DAUD, LUKMAN OMAR, ONNIH AHMAD AND BASARON M. BURAHAN.

Ruling

WHEREFORE , premises considered, it is respectfully prayed that the Honorable Commission DECLARE a FAILURE of ELECTIONS in all the precincts in the Municipality of Luuk, Sulu where no voting was actually held, as the registered voters never did their votes. The petitioners further pray that pending final resolution of this petition that an order be immediately issued directing the Municipal Board of Canvassers of Luuk, Sulu as well as the Provincial Board of Canvassers of Sulu to suspend and desist from continuing with, the CANVASSING of the election returns and/or certificate of canvass. Other relief consistent with law, justice and equity are also prayed for. [2] The following day, the petitioners filed a petition to declare failure of elections and/or to annul the elections or the election results in the Municipalities of Parang and Indanan, Province of Sulu, which was docketed as SPA No. 01-265. [3] The petitioners prayed that: WHEREFORE , petitioners respectfully pray that this petition be granted and that an Order be issued: Annulling and setting aside the elections and/or the election results in the May 14, 2001 elections in the municipalities of Indanan and Parang, Sulu, and declaring a failure of elections therein; Suspending the canvassing and the proclamation of any and all alleged " winning " candidates in the municipalities of Indanan and Parang , Sulu; Calling for immediate special elections in the aforesaid areas where failure of elections transpired; Such other reliefs as may be just and equitable are likewise prayed. [4] No respondents were impleaded in both petitions. The public respondent took cognizance of and assumed jurisdiction over the petitions. On May 19, 2001, the petitioners therein filed "an urgent reiterating motion to suspend proclamation." [5] Acting on the said motion, the public respondent issued an order suspending the proclamation of the winning candidates, viz .: Acting on the Petition filed on May 17, 2001 in the above-captioned case, including the reiterating motion of May 19, 2001, and finding the same to be sufficient to warrant the issuance of a preliminary summary action, so as not to render academic, the petition in the above case, let there be issued to the Provincial Board of Canvassers of Sulu an Order/directive for the suspension of proclamation of the winning candidates for all elective provincial positions, until further order/s from this Commission. [6] However, the Provincial Board of Canvassers (PBC) was not served with a copy of the order of the public respondent. On May 23, 2001, Yusop Jikiri, Abdel Anni, Abraham Daud, Lukman Omar, Onnih Ahmad, Basaron Burahan, Den Rasher Salim, Talib Hayudini, Rizal Tingkahan and Barlie Nahudan were proclaimed as the winning candidates for Governor, Vice-Governor and Board Members. [7] On May 30, 2001, the petitioners therein filed their Amended Petitions in SPA Nos. 01-257 [8] and 01-265 [9] impleading for the first time the winning candidates, Yusop Jikiri