Case Digest (G.R. No. 187273)
Facts:
Kamarudin K. Ibrahim v. Commission on Elections and Rolan G. Buagas, G.R. No. 192289, January 08, 2013, the Supreme Court En Banc, Reyes, J., writing for the Court. Petition for Certiorari and Prohibition under Rule 64 assailing COMELEC resolutions disqualifying petitioner and denying his opposition.
On December 1, 2009, Kamarudin K. Ibrahim filed his certificate of candidacy for Vice-Mayor of Datu Unsay, Maguindanao. Acting Election Officer Rolan G. Buagas forwarded to the COMELEC Law Department a list of candidates who allegedly were not registered voters of the municipalities where they sought office; Ibrahim’s name appeared on that list. The Law Department prepared a memorandum naming multiple candidates in Maguindanao and Davao del Sur and recommended retention in the Certified List of Candidates but suggested that COMELEC motu proprio institute disqualification proceedings.
On December 22, 2009, the COMELEC en banc issued Minute Resolution No. 09-0946 disqualifying the identified candidates for not being registered voters of the municipalities where they sought office, subject to their filing an opposition within two days, and directing the filing of election-offense cases for violations of Section 74 in relation to Section 262 of the Omnibus Election Code (OEC). On January 8, 2010, Ibrahim and fifty other candidates filed a Petition/Opposition (docketed as SPA 10-002 (MP) LOCAL) challenging the December 22 resolution, asserting prior candidacies and domicile/registration claims.
The COMELEC en banc denied the Petition/Opposition by resolution dated May 6, 2010, relying on Buagas’s certification and the presumption of regularity attaching to official acts. The May 10, 2010 elections proceeded; Ibrahim received the highest number of votes for Vice-Mayor (446 votes). The Municipal Board of Canvassers (MBOC), chaired by Buagas, suspended Ibrahim’s proclamation citing Section 5, Rule 25 of the COMELEC Rules of Procedure. A separately filed petition for disqualification by Bai Reshal S. Ampatuan (SPA No. 09-204 (DC)) had been dismissed by the COMELEC Second Division on March 2, 2010.
Ibrahim filed the instant Rule 64 petition (filed June 3, 2010 as the Court notes) for certiorari and prohibition seeking annulment of the December 22, 2009 and May 6, 2010 COMELEC en banc resolutions and the lifting of the MBOC’s suspension of his proclamation. The Office of the Solicitor General (OSG) filed a manifestation and motion in lieu of comment supporting the petition, invoking precedents such as Cipriano v. Commission on Elections and Baut...(Pro-only)
Issues:
- Was the petition for review under Rule 64 the proper mode of remedy to challenge the COMELEC en banc resolutions?
- Did the COMELEC en banc have authority to disqualify Ibrahim and cancel or deny due course to his certificate of candidacy motu proprio?
- Could Ibrahim be estopped from challenging the COMELEC en banc’s jurisdiction by reason of his participation in proceedings?
- Was Ibrahim denied due process by the COMELEC en banc?
- Did the Municipal Board of Canvassers have authority to suspend Ibrahim’s proclamation...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)