Case Digest (G.R. No. 107854)
Facts:
Datu Sukarno S. Samad v. Commission on Elections and Bai Unggie Abdula, G.R. No. 107854; and Datu Sukarno S. Samad v. Hon. Executive Secretary, Hon. Antonio Carpio and Bai Unggie Abdula, G.R. No. 108642, July 16, 1993, the Supreme Court En Banc, Cruz, J., writing for the Court.
Petitioner Datu Sukarno S. Samad and private respondent Bai Unggie Abdula were rival candidates for Mayor of Kabuntalan, Maguindanao in the May 11, 1992 synchronized elections; two different canvassing boards produced conflicting certificates of canvass and proclamations — one board (headed by Abas A. Saga) proclaimed Abdula on May 28, 1992, and another (headed by Mucado M. Pagayao) proclaimed Samad on May 29, 1992. Both parties separately brought matters to the Commission on Elections (COMELEC): Samad filed SPA 92-314 (June 1, 1992) seeking annulment of Abdula’s proclamation and special elections in three precincts; Abdula filed SPC 92-421 (August 14, 1992) seeking annulment of Samad’s proclamation and an injunction against his assuming office.
On June 29, 1992 the COMELEC First Division ordered investigatory steps (summons of registrars, comments from the Election Supervisor) and, on the same day, the Commission issued Resolution No. 2489 deeming most pre-proclamation cases terminated at the start of term except 86 listed cases — SPA 92-314 was not on that list. Believing COMELEC had no further jurisdiction, Samad filed a quo warranto/prohibition action in the Regional Trial Court (RTC), Cotabato City (SPL Civil Case No. 2938) on July 2, 1992; the RTC initially hesitated on jurisdiction but on August 14, 1992 issued a TRO converted into a writ of preliminary injunction restraining Abdula from exercising mayoral functions.
Abdula sought relief from the Court of Appeals (CA-GR SP No. 28683), which enjoined implementation of the RTC order on August 20, 1992. Meanwhile, on November 4, 1992 the COMELEC First Division, finding defects in both sets of canvass/proclamations, denied the consolidated petitions and directed a Special Board of Canvassers be constituted to verify which statements of votes were genuine; the COMELEC en banc on November 27, 1992 sustained that disposition and directed the Department of the Interior and Local Government (DILG) to designate an OIC-Mayor pending implementation. Samad filed a certiorari petition in the Supreme Court and a TRO was issued on December 3, 1992 enjoining COMELEC from implementing its resolution.
The DILG issued conflicting letters recognizing Samad (Dec. 9, 1992) and later authorizing Abdula to continue as hold-over mayor (Dec. 14, 1992), prompting further petitions and a referral to the Court of Appeals (CA-GR SP No. 29942). President Fidel V. Ramos designated Abdula as OIC-Mayor on January 5, 1993; Samad then filed G.R. No. 108642 in the Supreme Court challenging that designation, and the Court issued a restraining order on February 18, 1993 directed at the Executive Secretary, Presid...(Pro-only)
Issues:
- Did jurisdiction over the dispute remain with the COMELEC or vest in the Regional Trial Court of Cotabato City upon the filing of petitioner Samad’s quo warranto action?
- Did the COMELEC act arbitrarily or in derogation of law by (a) directing the creation of a Special Board of Canvassers to verify competing statements of votes and (b) denying Samad’s motion for reconsideration instead of dismissing the Commission proceedings and allowing judicial determination; and relatedly, was the President’s designation of Abdula as OIC-Mayor pro...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)