Case Digest (G.R. No. 149803)
Facts:
Datu Andal S. Ampatuan, Bimbo Q. Sinsuat, Sr., et al. v. Commission on Elections et al., G.R. No. 149803, January 31, 2002, the Supreme Court En Banc, Pardo, J., writing for the Court.Petitioners (candidates of Lakas-NUCD-UMDP) and respondents (candidates of KAMPI) contested various provincial elective positions in Maguindanao in the May 14, 2001 elections; petitioner Datu Andal S. Ampatuan and respondent Datu Zacaria A. Candao contested the governorship. Respondents filed a verified petition with the Commission on Elections (COMELEC) on May 23, 2001, docketed SPA No. 01-323, seeking annulment of election results and/or declaration of failure of elections in several municipalities, alleging mass pre-filled ballots, non-delivery of election paraphernalia, and use of military forces to intimidate voters.
On May 25, 2001 the COMELEC suspended proclamation of winners; on June 14, 2001 COMELEC lifted the suspension and ordered proclamation of winners (except for certain contests), and the Provincial Board of Canvassers proclaimed petitioners. Respondents sought injunctive relief from this Court (docketed G.R. No. 148289), which the Court denied on July 17, 2001; petitioners assumed office on June 30, 2001.
Despite the proclamation and assumption, COMELEC on July 26, 2001 consolidated several SPAs (including SPA No. 01-323) and ordered a random technical examination of 4–7 precincts per municipality (examining thumb-marks and signatures and producing election documents). COMELEC on August 28, 2001 continued the hearings and the technical examination, and on September 27, 2001 set out procedures for that technical exam. Petitioners filed a petition for certiorari and prohibition under Rule 64 in relation to Rule 65 with preliminary injunction/TRO before the Supreme Court on September 26, 2001, challenging COMELEC’s July 26 and August 28 orders as exceeding jurisdiction and as effectively converting a summary failure-of-election remedy into a full election protest.
COMELEC temporarily suspended implementation of its orders on October 22, 2001, then lifted the suspension on November 13, 2001. The Supreme Court issued a TRO on November 20, ...(Pro-only)
Issues:
- Was the COMELEC divested of its jurisdiction to hear and decide respondents’ petition for declaration of failure of elections by reason of petitioners’ proclamation and assumption into office?
- May the COMELEC conduct a random technical examination (including comparison of voters’ thumb-marks and signatures) and proceed with summary failure-of-election proceedings after proclamation ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)