G.R. No. 218009 - Felipe vs. Danilo Divina Tamayo Konstract, Inc.

On December 1, 2009, Kamarudin K. Ibrahim filed his Certificate of Candidacy to run for Vice-Mayor of Datu Unsay, Maguindanao, in the May 10, 2010 elections.
Respondent Rolan G. Buagas, Acting Election Officer, forwarded to the COMELEC Law Department a list of 20 candidates, including Ibrahim, alleged not to be registered voters of the municipalities where they sought election.

In a December 10, 2009 Memorandum, the Law Department recommended retaining the names of unregistered voters on the Certified List of Candidates but motu propio instituting disqualification proceedings and election offense cases.
On December 22, 2009, the COMELEC en banc issued Minute Resolution No. 09-0946, disqualifying 56 candidates (including Ibrahim) for not being registered voters, subject to opposition within two days, and directing the filing of election offense cases.
On January 8, 2010, Ibrahim and 50 others filed Petition/Opposition SPA 10-002 (MP) LOCAL before the COMELEC to challenge the December 22 resolution, asserting prior candidacies (2004, 2007), permanent residence, and domicile.
On May 6, 2010, the COMELEC en banc denied the opposition, upholding the December 22 resolution based on the certification of non-registration by Buagas and the Acting Provincial Election Supervisor; Ibrahim’s evidence of registration and residence was found insufficient.

During the May 10, 2010 elections, Ibrahim received 446 votes—the highest for Vice-Mayor of Datu Unsay.
The Municipal Board of Canvassers (MBOC), chaired by Buagas, suspended Ibrahim’s proclamation under Section 5, Rule 25 of the COMELEC Rules of Procedure, citing the pendency of the unresolved disqualification resolution.

Whether the COMELEC en banc acted with grave abuse of discretion and lacked jurisdiction in issuing the December 22, 2009 and May 6, 2010 resolutions disqualifying Ibrahim.
Whether the MBOC had authority to suspend Ibrahim’s proclamation based on unresolved disqualification proceedings.