Case Digest (G.R. No. 192249)
Facts:
Salic Dumarpa v. Commission on Elections, G.R. No. 192249, April 02, 2013, the Supreme Court En Banc, Perez, J., writing for the Court.Petitioner Salic Dumarpa was a congressional candidate for the First District of Lanao del Sur in the May 10, 2010 elections. The Commission on Elections (COMELEC) declared a total failure of elections in seven municipalities of Lanao del Sur (among broader failures in the province) and initially scheduled special elections for May 29, 2010, later resetting them to June 3, 2010 by COMELEC Resolution No. 8946 because of additional precinct problems, missing ballots, BEIs unwilling or disqualified to serve, PCOS units pulled out, and the need for training of newly constituted BEIs.
On May 28, 2010 the COMELEC en banc promulgated Resolution No. 8965 (the assailed resolution) containing procedural guidelines for the conduct of the special elections; two provisions specifically challenged by Dumarpa were Section 4 (constitution and appointment of Special Board of Election Inspectors or SBEIs, suspension of the residency requirement for BEIs, and preference for public school teachers from other municipalities) and Section 12 (re-clustering of precincts and designation of voting centers in Lanao del Sur).
Also on May 28, 2010 Dumarpa filed a motion for reconsideration limited to Sections 4 and 12 as they applied to the Municipality of Masiu; the COMELEC did not act on that motion. On June 2, 2010, one day before the reset special elections, Dumarpa filed a petition for prohibition and mandamus with prayer for TRO and/or writ of preliminary injunction under Rule 64 in relation to Rule 65 of the Rules of Court, seeking to enjoin enforcement of Sections 4 and 12 as issued with grave abuse of discretion and without notice or hearing. The Court did not issue a TRO or PI; the special elections proceeded on June 3, 2010.
The special elections were held and Hussin Pangandaman, Dumarpa's opponent, was later proclaimed winner in the First District. The Office of the Solicitor General (OSG) argued that the petition was mooted by ...(Subscriber-Only)
Issues:
- Are the issues raised by Dumarpa rendered moot or academic by the holding of the special elections and the proclamation of a winner?
- Were Sections 4 and 12 of COMELEC Resolution No. 8965 issued with grave abuse of discretion or otherwise void for lack of notice and hearing and for violating statutory protections (e.g., concerning BEIs and reas...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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