Case Digest (G.R. No. 134169)
Facts:
Petitioner Sadikul Sahali and respondent Hadja Jubaida H. Matba were contending gubernatorial candidates in Tawi-Tawi in the May 11, 1998 elections. The Provincial Board of Canvassers proclaimed petitioner as duly elected on May 13, 1998, and the election process used the Automated Election System authorized by Republic Act No. 8436.Before petitioner could assume office on June 30, 1998, the COMELEC issued Minute Resolution No. 98-1959 on June 29, 1998, ordering an immediate manual recount and suspending the effects of the proclamation, upon a petition (SPA No. 98-349) filed by Matba and Ismael B. Abubakar, Jr. Petitioner's July 3, 1998 certiorari petition sought annulment of the minute resolution for alleged lack of due process and grave abuse of discretion; however, on July 14, 1998, the COMELEC issued Minute Resolution No. 98-2145 holding the assailed resolution in abeyance, and later issued Minute Resolution No. 98-2828 clarifying that petitioner and other proclaimed
Case Digest (G.R. No. 134169)
Facts:
- Parties and electoral setting
- Petitioner Sadikul Sahali and respondent Hadja Jubaida H. Matba were contending gubernatorial candidates in Tawi-Tawi in the elections of May 11, 1998.
- On May 13, 1998, the Provincial Board of Canvassers proclaimed petitioner as the duly elected governor of Tawi-Tawi.
- The counting of votes, canvassing of returns, and consolidation of results of the elections used the Automated Election System, authorized under Republic Act No. 8436.
- COMELEC Minute Resolution No. 98-1959 and its immediate effects
- Before petitioner could assume office on June 30, 1998, the COMELEC promulgated Minute Resolution No. 98-1959 dated June 29, 1998.
- Minute Resolution No. 98-1959 directed:
- immediate manual recounting of ballots in Tawi-Tawi; and
- suspension of the effects of the proclamation as a logical consequence of manual counting.
- Minute Resolution No. 98-1959 also directed that pleadings filed relative to SPA No. 98-349 should survive beyond the June 30, 1998 deadline.
- The COMELEC passed Minute Resolution No. 98-1959 in connection with a petition filed by respondent Matba and Ismael B. Abubakar, Jr., dated May 22, 1998, docketed as SPA No. 98-349.
- SPA No. 98-349 prayed for immediate manual counting in Tawi-Tawi.
- The petition alleged massive and total systems breakdown of automated counting machines, resulting in:
- inability of the machines to read ballots properly;
- inability of ballots to reject spurious and excess ballots; and
- material discrepancies of figures appearing in various election documents (election returns, municipal certificates of canvass, statement of votes per precinct and municipality, and the provincial certificate of canvass).
- The petition alleged that these discrepancies resulted in proclamation of losing candidates, including:
- the election contest in the Municipality of South Ubian;
- cases of several candidates not obtaining any vote in the precinct where they were registered and where they voted; and
- absence of any entry in the statements of votes in about forty (40) precincts of Tawi-Tawi involving positions from president down to municipal councilors.
- Petitioner’s certiorari challenge and requests for interim relief
- On July 3, 1998, petitioner filed a special civil action for certiorari seeking annulment of COMELEC Minute Resolution No. 98-1959.
- Petitioner also prayed for:
- a temporary restraining order; and
- a writ of preliminary injunction to restrain implementation or execution of the assailed resolution.
- Petitioner’s contentions included:
- lack of notice of the filing of SPA No. 98-349, which allegedly deprived him of opportunity to answer and thus denied due process;
- lack of official notice of promulgation of Minute Resolution No. 98-1959, learned only through newspaper reports before counsel verified at the COMELEC office;
- the right to assume office as governor as a property right protected by the due process clause;
- Minute Resolution No. 98-1959 was allegedly void ab initio because there was no pre-proclamation controversy filed during canvassing, and thus no suspension of proclamation or recounting was allegedly possible without such controversy;
- the COMELEC allegedly erred in granting respondents’ prayer to extend SPA No. 98-349 beyond June 30, 1998, relying on Section 16 of the Synchronized Elections Law of 1991, on the theory that Section 16 was allegedly inapplicable because no pre-proclamation case was filed.
- Petitioner asserted that the COMELEC acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction.
- Petitioner filed a “Very Urgent Motion Reiterating the Prayer for the Issuance of a Temporary Restraining Order.”
- On July 14, 1998, the Court issued a resolution directing the parties to maintain the status quo ante at the time of filing of the petition.
- Subsequent filings, clarifications, and COMELEC actions
- On October 9, 1998, the Office of the Solicitor General filed a “Manifestation in Lieu of Comment.”
- The Solicitor General opined the COMELEC should have conducted a summary hearing before issuing Minute Resolution No. 98-1959.
- The Solicitor General also argued the COMELEC should not have treated allegations on systems failure as gospel truth.
- The Solicitor General maintained that issuance violated petitioner’s constitutional right to due process, citing Bince, Jr. v. Commission on Elections, where the Court held that the right to public office is protected by due process and that the COMELEC has no power to partially or totally annul or suspend proclamation effects without notice and hearing.
- On October 15, 1998, Philippine National Bank (PNB) filed a motion seeking clarification on whom it should recognize as authorized representative of the province of Tawi-Tawi for banking transactions.
- Two persons were identified: Mr. Sulay H. Halipa, designated by ARMM Governor Nur P. Misuari as Officer-in-Charge of the Office of the Governor of Tawi-Tawi; and petitioner Sadikul Sahali.
- On October 20, 1998, the Court ruled that, under its status quo ante order, official business with the governor of Tawi-Tawi should be dealt with through petitioner, because he was the one proclaimed prior to filing the petition.
- The Court required the COMELEC to comment on the petition.
- On December 7, 1998, the COMELEC submitted its Comment.
- The COMELEC stated its findings in Minute Resolution No. 98-1959 were supported by:
- a Narrative Report of Idlana Mangona, Acting Provincial Election Supervisor of Tawi-Tawi, recommending manual recount and revision of ballots due to discrepancies found in the Election Reporting System (ERS) computer;
- a letter of Brigadier General Edgardo V. Espinosa to then COMELEC Chairman Bernardo P. Pardo recommending manual counting and re-counting to minimize post-election incidents and to address complaints on automated machines’ technical and unexplained defects and errors;
- a joint letter of respondent Matba and Ismael Abubakar, Jr. alleging massive systems breakdown of automated counting machines in Tawi-Tawi.
- The COMELEC argued the petition was premature because it was filed before Minute Resolution No. 98-1959 became final.
- The COMELEC further asserted the petition was rendered moot and academic when Minute Resolution No. 98-2145 (dated July 14, 1998) held in abeyance Minute Resolution No. 98-1959.
- The COMELEC later explained these events in Minute Resolution No. 98-2828 dated October 15, 1998, which clarified that:
- COMELEC corrected itself through Minute Resolution No. 98-2145;
- Minute Resolution No. 98-1959 and Minute Resolution No. 98-2106 were never implemented; and
- at the time the status quo ante order was issued, Sadikul Sahali and other proclaimed local candidates were duly elected as of May 13, 1998.
- It also resolved to clarify that Sadikul Sahali and other proclaimed local candidates were duly elected officials of Tawi-Tawi at the time referred to in the Court’s status quo ante order.
- Reply, invocation of another case, and asserted mootness
- Petitioner filed his Reply, reiterating his petition’s arguments and amplifying those in the Solicitor General’s manifestation.
- On April 29, 1999, respondent Matba filed a “Manifestation & Motion.”
- Matba invoked the Court’s Resolution dated March 15, 1999 dismissing the petition in G.R. No. 134188, Nur G. Jaafar v. Commission on Elections, Radja Jubaida H. Matba, Ismael B. Abubakar, Jr., Habid Gulam Hadjirul, Sauragal Dayan, Hadja Monera Managula, Hadji ...(Subscriber-Only)