G.R. No. 45965 - Gonzalez vs. Trinidad

Abdullah A. Jamil was a mayoralty candidate in Sultan Gumander, Lanao del Sur in the May 8, 1995 elections.
Alinader Balindong was a rival mayoralty candidate in the same election.
The municipality had thirty-two precincts; contested returns originated from Precinct Nos. 5, 10-1, 20-1 and 20.

Objections and initial actions by the Sansarona Municipal Board of Canvassers (MBC)

On May 20, 1995, private respondent objected to inclusion of four election returns on grounds of duress, spuriousness, missing signatures, and missing originals.
On May 23, 1995, the Sansarona MBC issued writings that:

Set aside ER No. 661229 (Precinct No. 5) for further investigation due to conflicting affidavits of the precinct chairman.
Set aside ER No. 661236 (Precinct No. 10-1) to investigate contradicting testimonies.
Set aside ER No. 661251 (Precinct No. 20-1) pending summons of BEIs who failed to sign and explanation of alleged vote increase and use of unauthorized envelope.

No definitive exclusionary rulings were issued by the Sansarona MBC on those three returns; no ruling was made on ER No. 661252 (Precinct No. 20).

On May 25, 1995, Saadia Sansarona was replaced by Casan T. Macadato as Chairman of the MBC.
On May 30, 1995, the Macadato MBC denied the petition for exclusion of ER No. 661252 (Precinct No. 20).
On June 1, 1995, the Macadato MBC resumed canvass using the Municipal Treasurer’s copy for Precinct No. 20 and initiated investigations into Precinct Nos. 5, 10-1 and 20-1.
On June 5, 1995, Chairman Macadato submitted an investigation report recommending inclusion of ER Nos. 661229, 661236 and 661251, but the report did not state definitive rulings; the report was signed by Macadato alone.

On June 8, 1995, Alinader Balindong appealed to COMELEC from Macadato MBC’s May 30, 1995 denial (docketed SPC No. 95-271).
On June 8, 1995, Abdullah A. Jamil appealed to COMELEC from the Sansarona MBC rulings setting aside returns for investigation (docketed SPC No. 95-272).
On June 26, 1995, while SPC Nos. 95-271 and 95-272 were pending, the Macadato MBC proclaimed Abdullah A. Jamil and other candidates as winners.

The COMELEC Second Division referenced the Commission’s Omnibus Resolution dated June 29, 1995 (items 2 and 3) treating certain pending pre-proclamation cases as terminated and deeming rulings of boards of canvassers affirmed.
By order dated July 11, 1995, the Second Division directed the MBC of Sultan Gumander to reconvene and proclaim winning candidates, noted the acting Election Officer’s report, and considered SPC No. 95-272 terminated.
On July 17, 1995, the Macadato MBC reported compliance, stating the investigation showed no defect in disputed returns and that Chairmen of Precincts Nos. 5 and 10-1 had affirmed authenticity before a COMELEC Commissioner; it claimed inclusion of those returns rendered ER No. 661252 immaterial to final result and proclaimed Jamil on June 26, 1995.

On July 24, 1995, private respondent moved to annul Jamil’s proclamation and to constitute a new MBC.
On August 24, 1995, the COMELEC Second Division ordered:

Annulment of Jamil’s proclamation as contrary to law and jurisprudence.
Relief of the Macadato MBC from duties and constitution of a new MBC to reconvene and proclaim Alinader Balindong as mayor.

Petitioner filed urgent ex parte motion and motion for reconsideration on August 31, 1995.
On September 5, 1995, the newly constituted Cariga MBC proclaimed Alinader Balindong winner with total of 2,499 votes.
On September 7, 1995, the COMELE...(Subscriber-Only)

Whether the June 26, 1995 proclamation of Abdullah A. Jamil by the Macadato MBC was valid.
Whether the September 5, 1995 proclamation of Alinader Balindong by the Cariga MBC was valid.

Whether the COMELEC en banc’s denial of petitioner’s motion for reconsideration by an evenly divided vote complied with Rule 18, Section 6, Comelec Rules of Proced...(Subscriber-Only)

Ruling:

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Ratio:

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Doctrine:

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