Case Digest (G.R. No. 222236)
Facts:
Harlin C. Abayon v. House of Representatives Electoral Tribunal (HRET) and Raul A. Daza, G.R. Nos. 222236 and 223032, promulgated March 6, 2017, before the Supreme Court Special En Banc, Mendoza, J., writing for the Court.
In the May 13, 2013 elections for Representative of the First Legislative District of Northern Samar, Harlin C. Abayon was proclaimed by the Provincial Board of Canvassers after receiving 72,857 votes, while Raul A. Daza obtained 72,805 votes (difference: 52). On May 31, 2013, Daza filed an election protest before the HRET contesting 25 clustered precincts, alleging massive fraud, vote-buying, intimidation and terrorism benefiting Abayon. Abayon answered and filed a counter-protest challenging all 332 precincts.
The HRET initially found both the protest and counter-protest sufficient (Resolution No. 14-055, Feb. 27, 2014) and conducted revision proceedings on the 25 clustered precincts in October 2014, which marginally increased both parties’ tallies. In September 2015 Daza moved to withdraw his cause of action for recount/revision in certain clustered precincts (Biri, Capul, San Isidro) but sought to preserve his cause of action alleging terrorism; the HRET granted that motion (Resolution No. 15-052, Sept. 24, 2015) and held revision proceedings in abeyance as to the withdrawn precincts.
On November 4, 2015 Daza moved that Abayon’s counter-protest be dismissed as a consequence of his withdrawal of the recount/revision cause of action. The HRET granted the motion and dismissed Abayon’s counter-protest (Resolution No. 15-058, Dec. 14, 2015) and denied reconsideration (Jan. 21, 2016). Abayon filed a Rule 65 petition (G.R. No. 222236) seeking certiorari and injunctive relief to challenge the dismissal.
Meanwhile, the HRET proceeded to receive evidence on Daza’s terrorism allegations in other clustered precincts (Lavezares and Victoria). In its February 3, 2016 Decision the HRET annulled the results in five clustered precincts for “massive terrorism,” deducted the votes in those precincts, and concluded that Daza had 72,436 votes while Abayon had 72,002 votes, declaring Daza the winner. The HRET rejected COMELEC and PNP certifications that elections were generally peaceful, finding the protestant’s testimony and documentary evidence convincing that NDF‑EV intimidation and deployment of armed parti...(Pro-only)
Issues:
- Did the HRET have jurisdiction to annul the elections in the contested clustered precincts in Lavezares and Victoria?
- Did the HRET commit grave abuse of discretion in annulling the election results on the ground of terrorism?
- Did the HRET commit grave abuse of discretion in dismissing ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)