Case Digest (G.R. No. 192289)
Facts:
- Kamarudin K. Ibrahim (Petitioner) filed his certificate of candidacy for Vice-Mayor of Datu Unsay, Maguindanao, on December 1, 2009, for the May 10, 2010 elections.
- Rolan G. Buagas, the Acting Election Officer, reported to the Commission on Elections (COMELEC) that Ibrahim and other candidates were not registered voters in the municipality.
- The COMELEC's Law Department recommended disqualification, leading to Minute Resolution No. 09-0946 on December 22, 2009, disqualifying Ibrahim for lack of voter registration.
- Ibrahim, along with 50 other candidates, filed a Petition/Opposition against the disqualification, citing previous instances of candidates participating without disqualification.
- The COMELEC denied their opposition on May 6, 2010, confirming Ibrahim's disqualification based on official certifications.
- Despite receiving the highest votes, the Municipal Board of Canvassers (MBOC) suspended Ibrahim's proclamation due to the COMELEC's resolutions.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted Ibrahim's petition, annulling the COMELEC's resolutions dated December 22, 2009, and May 6, 2010.
- The suspension of Ibrahim's proclamation by the MBOC was also annull...(Unlock)
Ratio:
- The Court found that the COMELEC en banc exceeded its jurisdiction by disqualifying Ibrahim without a proper petition or complaint.
- The authority to cancel a certificate of candidacy lies with the COMELEC sitting in division, not en banc, as per Section 3(C), Article IX of the 1987 Constitution.
- The resolutions issued by the COMELEC en banc were null and void due to lack of autho...continue reading
Case Digest (G.R. No. 192289)
Facts:
The case involves Kamarudin K. Ibrahim (Petitioner) and the Commission on Elections (COMELEC) along with Rolan G. Buagas (Respondents). The events leading to the case began on December 1, 2009, when Ibrahim filed his certificate of candidacy to run for Vice-Mayor of Datu Unsay, Maguindanao, in the May 10, 2010 elections. Following this, Rolan G. Buagas, the Acting Election Officer, submitted a list of candidates, including Ibrahim, to the COMELEC, indicating that they were not registered voters in the municipality. The COMELEC's Law Department subsequently recommended disqualifying these candidates, which led to the issuance of Minute Resolution No. 09-0946 on December 22, 2009, disqualifying Ibrahim for not being a registered voter. Ibrahim, along with 50 other candidates, filed a Petition/Opposition against this resolution, arguing that some candidates had previously participated in elections without being disqualified. However, the COMELEC denied their opposition in a resolution dated May 6, 2010, asserting that the disqualification was based on official certifications confirming Ibrahim's lack of voter registration. Despite receiving the highest number of votes in the election, the ...